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U.S. Court of Appeals Sets High Bar for Legal Translation
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The U.S. Court of Appeals for the Second Circuit’s deference to China’s interpretation of its own law in a recent judgment (In Re: Vitamin C Antitrust Litigation; Sept. 20, 2016) has multiple implications. First is the implication this decision clearly has for global legal practice. This topic, together with others, will be explored in our forthcoming seminars in Beijing (Nov. 22) and Hong Kong (Nov. 24) (sign up for free admission by following the link below OR here).
Another implication of this decision is that there will be higher expectations for legal translations, or else much of China’s interpretations of its own laws will be lost in poor translations. To reach this high bar, the China Guiding Cases Project (“CGCP”) of Stanford Law School has continued to fine-tune its translations of complex Chinese legal principles, as reflected in the following newly released products:
Guiding Case Nos. 53 and 54 feature as key concepts the terms ?? (guarantee), ?? (guarantee??), and ????? (guarantee guarantee money??). Check out how we solve these brain teasers to carefully distinguish these important Chinese legal terms (see GC53 and GC54).
Guiding Case No. 55 (a utility model patent infringement dispute) and Guiding Case No. 56 (a case of objections to jurisdiction in a product liability dispute) articulate important principles to guide subsequent courts’ adjudication of similar cases. The CGCP presents clear translations of these principles for legal professionals and other experts:
- GC55: The scope of protection of a patent should be clear. If there is an obvious flaw in the statements of a utility model patent claim and the specific meaning of the technical terms in the claim [still] cannot be determined by combining the specification of the patent involved in a case, attached figures, common knowledge in the art, relevant existing technology, etc., resulting in the scope of protection of the patent being obviously unclear, then [a people’s court] cannot determine that the allegedly infringing technical solution constitutes an infringement of rights because there is no way to conduct a substantively meaningful infringement comparison [of the claim] with the allegedly infringing technical solution.
- GC56: Where a party did not raise an objection to jurisdiction during the first-instance reply submission period [of a case], [but] raises an objection to jurisdiction either during the second-instance adjudication [of the case] or during a retrial [when the case is] remanded for retrial, [the objection] shall not be reviewed by a people’s court
If you like our work and want to learn more, we invite you to attend our upcoming seminars in Beijing and Hong Kong, which will be our first in Asia. The full list of speakers and program for each seminar is included below. Seats are filling up quickly, so please sign up soon!
Also, if you would like to keep informed about our events and various publications, please consider joining our mailing list.
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BEIJING SEMINAR | ?????
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(Chinese and English| ????)
Day: Tuesday, November 22, 2016 | ???2016?11?22????
Time: 5:30-8:00 p.m. | ?????5?30 – 8?00
5:30-6:00 p.m. (Reception | ???);
6:00-6:30 p.m. (Keynote Speech, Q&A | ???????);
6:30-8:00 p.m. (Panel Discussion, Q&A |???????)
Venue: Stanford Center at Peking University | ????????????
Address: The Lee Jung Sen Building, Langrun Yuan, Peking University, No. 5 Yiheyuan Road, Haidian District, Beijing, P.R. China 100871 | ?????????????5????????????
MODERATOR | ???
Dr. Mei Gechlik | ?????
Founder and Director, China Guiding Cases Project, Stanford Law School | ?????????????????????
KEYNOTE SPEAKER | ?????
The Honorable Judge GUO Feng | ????
Deputy Director General, Research Office of the Supreme People’s Court | ????????????
The Compilation and Application of China’s Guiding Cases | ?????????????
SPEAKERS | ???
Jordan Corrente Beck
Co-Managing Editor, China Guiding Cases Project; Debevoise & Plimpton LLP, New York
???????????????????????????????
James Yuan | ??
Associate Managing Editor, China Guiding Cases Project; Covington & Burling LLP, Shanghai
????????????????????•?????????????
China’s “Open Judiciary” Measures and U.S. Court of Appeals for the Second Circuit’s Deference to China’s Interpretation of Its Own Laws: Implications for the Global Legal Practice | ??“????”??????????????????????????????????????????????????
WANG Ziqiang | ???
Director General, Department of Policy and Regulation, National Copyright Administration of China | ??????????????
China’s Legal Remedies System for the Protection of Copyright and Its Perfection | ??????????????
YU Jianlong | ???
Secretary General of China Chamber of International Commerce & Vice Chairman of China International Economic and Trade Arbitration Commission |
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“One Belt One Road”: Opportunities and Challenges for Chinese Businesses | “????”???????????
Dr. Changchun Yuan | ?????
Founding Partner, Broad & Bright | ????????????
Guiding Cases and the Development of Family Law |????????????
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HONG KONG SEMINAR
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(English only)
Day: Thursday, November 24, 2016
Time: 5:45-7:45 p.m.
Venue: China Club, Hong Kong
Address: 13-14/F, Old Bank of China Building, Bank Street, Central, Hong Kong
MODERATOR
Dr. Mei Gechlik
Founder and Director, China Guiding Cases Project, Stanford Law School
SPEAKERS
The Honorable Judge Xiaoyu Ding
Judge, Tianjin Binhai New Area People’s Court
Former Visiting Scholar, Columbia Law School
The Selection and Application of Guiding Cases in Tianjin Municipality
Dimitri Phillips
Co-Managing Editor, China Guiding Cases Project
Guiding Case No. 37 and Enforcement of Arbitral Awards
Dr. William M.F. Wong
Chairman of China Practice Development Committee, Hong Kong Bar Association
Guiding Cases and Their Significance to the Development of the Rule of Law
Tracy (Qin) Xiao
Editor, China Guiding Cases Project; Fangda Partners
Former Officer, State Administration for Industry and Commerce, People’s Republic of China
Guiding Cases and Their “Main Points of the Adjudication”: Importance and Limitations
CLOSING SPEECH
Dr. Mei Gechlik
The Prospect of the Guiding Cases System and the Belt and Road Initiative
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