Comparative Study of Business Law II

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Comparative Study of Business Law II
This Course Guide has been taken from the most recent presentation of the course. It would be useful for reference purposes but please note that there may be updates for the following presentation.
LAW B856W
Comparative Study of Business Law (2)


Introduction

LAW B856W Comparative Study of Business Law (2) is a one-semester, 5-credit postgraduate course. You are expected to have taken LAW B855W Comparative Study of Business Law (1) before taking this course, which, together with this course, will help you explore how comparative study of business law can broaden your horizons and strengthen your knowledge of Chinese business law.

LAW B856W focuses on various aspects of business law, including the comparative study of the laws on intellectual property, trusts, real estate and commercial dispute resolution. Each unit reviews the course from the perspective of business practice in order to equip you with the ability to apply the law in your commercial practices.

This is a programme on business application that will provide a model of comparative law in action, contrasting the different approaches to solve legal issues arisen in business context, rather than comparing each and every legal rule in different legal systems. Upon completing this course, you should have a more thorough view of Chinese business law, and understand the trends in legal reform in the light of China's accession to the WTO.

Purpose of this Course Guide

This Course Guide tells you briefly what the course is about and outlines its aims and objectives. It also gives you information about the course materials and how you can work your way through the materials. It suggests the amount of time you will need to spend to complete the course and the units. Finally, it gives you information about tutorial assistance and a general idea of when your tutor-marked assignments are due.

Course aims

The primary objective of this course is to broaden your knowledge of PRC business law by comparing it with the law in other jurisdictions. It aims at contrasting and evaluating the different approaches to legal problems in different systems of private law, particularly the legal system in PRC and the common law systems (mainly the laws of England, Australia, Canada and Hong Kong). The common law system is selected as the main target for comparison because Hong Kong, now a part of China, is a common law jurisdiction. In some topics, continental European law will also be discussed and compared.

You should be able to apply the principles of the laws to real life cases upon your completion of this course.

Course Learning outcomes

On completing this course, you should be able to:

  1. Analyse the development of the regulatory framework for intellectual property rights, and examine the protection of intellectual property rights in China after its accession to the WTO.

  2. Compare and critically assess the intellectual property laws in China and in common law jurisdictions.

  3. Compare and critically assess the trust laws in China and in common law jurisdictions.

  4. Compare and critically assess the real estate laws in China and in common law jurisdictions.

  5. Compare international and domestic dispute resolution mechanisms, and analyse the differences between the various means of commercial dispute resolution adopted in China and in common law jurisdictions.
Course materials

Since LAW B856W is an online course, all the study units and most of the supplementary readings will be provided in the Online Learning Environment. You are required to have access to the Internet through a personal computer equipped with a Web camera to take part in the e-learning activities.

Online study units

There are five study units in LAW B856W Comparative Study of Business Law (II). Each unit consists of approximately four weeks' worth of part-time work. The study units summarize key issues, explain the relevant theories and practices, and comment on related readings and case studies. Each unit contains self-tests and activities to reinforce your assimilation of the issues under discussion. The following table gives you an overview of the study units and each key topic, the time taken to complete each unit, and the assignments that assess the units.

Unit Titles Weeks Assignments Real Time Lectures and Tutorials
1 International intellectual propertyrights protection and China 3   1
2 Comparative study of intellectual property law 3   1
3 Comparative study of the law of trusts 3 TMA 1 1
4 Comparative study of real estate law 3   1
5 Comparative study of commercial dispute resolution 4 TMA 2 1
  Total 16 2 5

In addition to the online study units, you will be expected to make use of other materials from time to time as stipulated below.

Printed materials

Although you will not be provided with printed copies of the Course Guide and the five study units, you will be provided with pdf versions of the study units if you prefer a printable option.

Supplementary readings

There is no set textbook for LAW B856W.

As you study the course, you may be directed in the units to read specific pages excerpted from relevant textbooks, or other readings. Copies of the required supplementary readings will either be available online or provided as hard copies.

English-language textbooks

You may often want to refer to the following reference books, which will help you in your studies, although they are not compulsory. There has been an important and most welcome increase in publications on PRC laws in English since China's accession to WTO, but it has still failed to keep pace with China's rapid legal and economic development.

Some of the following books provide an overview of the Chinese legal system, and would be useful for those of you who are not familiar with it. Some of them may not be sufficiently up-to-date for the purpose of this course. You should also refer to more in-depth material in leading law journals (see further below).

Alford, W P (1995) To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization, US: Stanford University Press.

Bainbridge, D I (2009) Intellectual Property, 7th edn, UK: Pearson.

Blakeney, M (1996) Trade Related Aspects of Intellectual Property Rights: A Concise Guide to the TRIPs Agreement, London: Sweet & Maxwell.

Burrows, A (2002) Fusing Common Law and Equity: Remedies, Restitution and Reform, Hong Kong: Sweet & Maxwell Asia.

CCH China Laws for Foreign Business, CCH Asia Pte Limited (loose leaf, multi-volumes).

Chen, A H Y (1998) An Introduction to the Legal System of the PRC, 2nd edn, Hong Kong: Butterworths.

Cohen, J A et al. (eds) (2004) Arbitration in China: A Practical Guide, Hong Kong: Sweet & Maxwell Asia.

Cornish, W R and Llewelyn, D (2003) Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, 5th edn, UK: Sweet & Maxwell.

Garnett, K, Davies, G and Harbottle, G (ed.) (2005) Copinger and Skone James on Copyright, 15th edn, UK: Sweet & Maxwell.

Halsbury's Laws of England, London: Butterworths.

Halsbury's Laws of Hong Kong, Hong Kong and London: Butterworths

Hayton, D J (1979) Underhill's Law relating to Trusts and Trustees, 13th edn, London: Butterworths.

Ho, L (2003) Trust Law in China, Hong Kong: Sweet & Maxwell Asia.

Hus, C S (ed.) (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York: New York University Press.

Kitchin, D et al. (2005) Kerly's Law of Trade Marks and Trade Names, 14th edn, London: Sweet & Maxwell.

Lee, W (2001) Butterworths Conveyancing and Property Law Handbook, Conveyancing and Property Ordinance, 2nd edn, Hong Kong: LexisNexis Butterworths.

Lew, J D M (2003) Comparative International Commercial Arbitration, The Hague: Kluwer Law International.

Lubman, S (2002) Bird in a Cage: Legal Reform in China After Mao, Standford University Press.

Lubman, S (ed.) (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press.

Ma, J (ed.) (2003) Arbitration in Hong Kong: A Practical Guide, Hong Kong: Sweet & Maxwell Asia.

Martin, J (2005) Hanbury and Martin Modern Equity, 17th edn, London: Sweet & Maxwell.

Nield, S (1992) Hong Kong Land Law, Hong Kong: China & Hong Kong Law Studies.

Nissim, R (2008) Land Administration and Practice in Hong Kong, 2nd edn, Hong Kong: Hong Kong University Press.

Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge.

Wang C G and Zhang X C (ed.) (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia).

Wang, G G (2003) Wang's Business Law in China, 4th edn, Hong Kong: LexisNexis Butterworths.

Wang, G G and Mo, J (1999) Chinese Law, Kluwer Law International.

Wineburg, A (ed.) (1999) Intellectual Property Protection in Asia, 2nd edn, US: Lexis Law Publishing.

Youngs, R (1998) English, French and German Comparative Law, London: Cavendish.

Zhang X C (ed.) (2001) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell Asia.

Zweigert, K and Kotz, H (1996) Einfhrung in die Rechtsvergleichung, 3rd edn, translated by Weir, T (1998) An Introduction to Comparative Law, 3rd edn, New York: Oxford.

English-language journals

You are encouraged to read from a range of relevant English-language journals such as:

Chinese-language sources

Those of you who understand Chinese are encouraged to read from primary sources, e.g.:

  • The Gazette of the National People's Congress Standing Committee

  • The State Council Gazette

  • The Supreme People's Court Gazette

  • The Supreme People's Procuracy Gazette

New legislation and other materials from primary sources are often reproduced by Fazhi Ribao (法制日報) and Renmin Ribao (人民日報).

Selected websites

Many web sites contain useful materials. Among the most important sites are the following (note that some are in Chinese only):

Official websites:

Central People's Government of the People's Republic of China: http://www.gov.cn/

People's Bank of China/中國人民銀行: http://www.pbc.gov.cn/

Supreme People's Court of PR/中華人民共和國最高人民法: http://www.court.gov.cn/

Supreme People's Procuratorate of China 中華人民共和國最高人民檢察院: http://www.spp.gov.cn/

China International Economic and Trade Arbitration Commission: http://www.cietac.org/

China Maritime Arbitration Commission: http://www.cmac.org.cn/

General Office National Committee, Chinese People's Political Consultative Conference: http://www.cppcc.gov.cn/

Xinhua News Agency: http://www.xinhuanet.com/english/

Legal Info/中國普法網: http://www.legalinfo.gov.cn/

Ministry of Commerce of the PRC: http://www.mofcom.gov.cn/

Ministry of Commerce of the PRC-Department of WTO Affairs: http://sms.mofcom.gov.cn/

Bureau of Fair Trade for Imports and Exports: http://gpj.mofcom.gov.cn/

Bureau of Industry Injury Investigation: http://dcj.mofcom.gov.cn/

State Administration of Foreign Exchange: http://www.safe.gov.cn/

China Securities Regulatory Commission/中國證券監督管理委員會: http://www.csrc.gov.cn/pub/csrc_en/

National Digital Library of China/中國國家數字圖書館: http://www.d-library.com.cn/

World Legal Information Institute: China: http://www.worldlii.org/catalog/214.html

The State Council, the People's Republic of China: http://english.gov.cn/archive/lawsregulations/

Other websites:

China Law.net: http://www.ceilaw.com.cn/

Chinalawinfo.co/北大法律信息網: http://www.chinalawinfo.com/

Isinolaw: http://www.westlawchina.com/index_en.html

Law-lib.com: http://www.law-lib.com/

China Judge/中國法官: http://www.china-judge.com/

Tsing Hua University Library/清華大圖書館: http://www.lib.tsinghua.edu.cn/

China Court: http://www.chinacourt.org/

Legal Daily/法制網: http://www.legaldaily.com.cn/

China Law and Practice: http://www.chinalawandpractice.com/

Worldwide Legal Directories: http://www.hg.org/

Commercial information providers:

Lexis-Nexis: http://www.lexis-nexis.com/

Computer equipment requirements

To take e-learning courses, you should have the appropriate hardware, operating system and software. The following are the requirements:

Hardware and Operating System

You should have the following minimum configuration:

  • a personal computer with a 2GHz Intelâ Pentiumâ 4 or faster processor (or equivalent),

  • 1 GB of system memory or above,

  • broadband connection to internet and Port 1935 is not blocked,

  • Windows 7 or a newer version of the Microsoft Windows platform, or Mac – OS X 10.9, 10.10, 10.11 and 10.12

  • a printer connected to your computer for printing online course content.

Hardware Requirements for Real-time Online Lectures/Tutorials

  Suggested configuration
CPU Windows OS:  2GHz Intelâ Pentiumâ 4 or faster processor (or equivalent)
Mac OS: 2 GHz Intel Core 2 Duo or faster processor (or equivalent)
Memory 1 GB or above
Multimedia peripherals Earphone and microphone
USB webcam (required for courses with online oral presentations)
Operating system Windows 7 or later;
Mac OS X 10.9 or 10,10, 10.11 and 10.12

Software configuration

You should have the following software configuration to support e-learning:

  • Internet browser: Mozilla Firefox/ Internet Explorer 11 or above/ Google Chrome. If you use an older version of a browser, parts of web pages may not be displayed normally. For Mac users, other browsers such as Mozilla Firefox / Google Chrome are recommended.

  • Some interactive activities require the plug-in for Adobeâ Flashâ Player 23 or above. If your browser does not have the plug-in, you will see a message indicating the URL where you can install it.

Anti-virus software

Computer viruses are a serious problem. In order to protect your computer, you are advised to install suitable anti-virus software. You should also periodically get the updates for your anti-virus software. The University has included a URL on Online Learning Environment (OLE) where free anti-virus software can be downloaded.

Course assessment

The formal assessment for this course consists of continuous assessment and an oral presentation. There is no final examination for this course.

Tutor marked assignments

You are required to complete two TMAs and submit them to your tutor for evaluation and grading. Each assignment will be marked out of 100 and will assess your grasp of the materials covered in the respective units. The two TMAs are both required and each is weighted at 40% of the total marks for the course.

You must use word processing software (such as Microsoft Word) to prepare the TMAs, and submit the TMAs via the Online Learning Environment (OLE). All assignments must be uploaded to the OLE by the due date.

Failure to upload a TMA in the required format to the OLE may result in the score of the TMA being adjusted to zero.

TMA submission extension policy

The assignment policy of the university as stated in the Student Handbook should be observed. You are required to submit assignments for this course in accordance with the dates communicated by your Course Coordinator. You may apply for a submission extension on the grounds of illness, accident, disability, bereavement or other compassionate circumstances.

Applications for extensions of up to seven days should be submitted to the tutor. The tutor shall consider valid and unexpected emergencies on an individual basis. Normally, documented proof of the extenuating circumstances is not required for extensions of up to seven days. The tutor shall decide and advise you of the revised date for submission.

For extensions of over seven days, you should note the following:

  1. If you require an extension of more than seven days on the grounds of illness, accident, disability, bereavement or other compassionate circumstances, you are required to complete an 'Application Form for Assignment Extension over seven days' and submit it to the Course Coordinator.

  2. Supporting documents must be submitted along with the application for extension of over seven days to justify the claim.

  3. Applications for extension should normally be lodged before or on the due date.

  4. Applications are considered by:

    1. the Course Coordinator for extensions of 8 to 21 days; and

    2. the Dean for extensions of over 21 days.

After an assignment is submitted via the OLE, it is your responsibility to check that the assignment has been successfully submitted. Extension applications due to any problem with uploading will not be accepted. The University cannot accept any responsibility for assignments that are not received by your tutor due to any problem with submission via the OLE. As a precaution, you are advised to keep a copy of each assignment you submit.

According to the University's policy, no extension of the due date will be allowed for the final TMA. This policy will be strictly enforced. Any late submission of the final TMA will result in the score of the TMA being adjusted to zero.

Oral presentation

You are required to make an oral presentation at the end of the course. The oral presentation will be conducted online in front of the Course Coordinator. It tests your understanding of the relevant key concepts/principles embodied in the course and their application in practice, on the basis of the two TMAs completed. The marks awarded for the presentation will count for 20% of the total marks for the course.

Assessment summary

Assessment type Mark
Assignments 80%
Oral presentation 20%
Total 100%

Your final results in this course depend on your performance in both the continuous assessment (TMAs) and the oral presentation. In order to pass the course, you need to pass both the continuous assessment and the oral presentation.

Tutors and online support

Tutors

Your tutor will mark and comment on your assignments, keep a close watch on your progress, provide advice on any difficulties you might encounter, and generally assist you during the course.

You will be notified of the name and contact details of your tutor as soon as you are allocated to a tutorial group (shortly after the start of the course).

Do not hesitate to contact your tutor by telephone or email if you need help. The following might be some typical circumstances in which you would find help necessary. Contact your tutor if:

  • you do not understand any part of the study units or the assigned readings;

  • you have any difficulty with the self-tests; or

  • you have a question or problem with assignments, or with your tutor's comments on or grading of an assignment.

It is a good idea to keep copies of all TMAs you submit for reference during any telephone conversations with your tutor. Remember that TMAs should be submitted in accordance with the due dates indicated. Your tutor will mark and return them to you as soon as possible.

Online support

In this course, you have the opportunity to interact with tutors and fellow students via the Online Learning Environment (OLE). You will at times be referred to the course discussion board to exchange views with other students on particular issues, or you may like to post your own questions and invite feedback from others. Five real-time online lecture/tutorials will also be provided via teleconferencing facilities. These sessions are designed to help you address any problems you are experiencing with the course material and to further your understanding of the concepts discussed in the course. You are strongly advised to participate in these online lecture/tutorial sessions to enhance your understanding of the course.

Summary

When you've completed your study of LAW B856W Comparative Study of Business Law (2), you should be well-prepared to compare and evaluate the laws on intellectual property, trusts, real estate and commercial dispute resolution. You should then be ready to apply your knowledge of the law to your own commercial practice.

As you work through the five units of the course, you will be supported through interaction with your tutor and your coursemates through the Online Learning Environment (OLE) and through synchronous online tutorials and lectures. You will be assessed on your participation on the discussion board as well as your performance in the tutor-marked assignments and the final examination.

Good luck, and enjoy your studies!

A note about the course developers

Walter Lee graduated from the University of Hong Kong (LLB, 1990; PCLL, 1991) and later obtained an LLM from the University of London. He has been admitted to practise as a solicitor in Hong Kong, and has also been admitted in England and Wales (non-practising). He is a partner of Gallant Y.T. Ho & Co and head of the commercial dispute resolution team. He is a Member of the Chartered Institute of Arbitrators (East Asia Branch) and a member of the Employment Law Committee of the Law Society of Hong Kong. His publications include Butterworths Conveyancing and Property Law Handbook, Butterworths Contract Law Handbook, Hong Kong Court Forms (Title V, Companies (General)) and three volumes in Annotated Ordinances of Hong Kong.

Jenny Chung graduated from the University of Hong Kong (LLB, 1990; PCLL, 1991) and later obtained an LLM from the University of Hong Kong. She has been admitted as a solicitor both in Hong Kong and also in England and Wales (non-practising). She has gained professional experience as a commercial lawyer in two leading City firms and later as an in-house lawyer. She has now ceased practice and works as a course developer for the Open University of Hong Kong.

Deferment of studies

If you wish to defer your studies of this course until a later date, you should apply for deferment of studies. For the regulations governing deferment of studies, please refer to Section 14, 'Regulations for Admission, Registration and Maintenance of Status', in your Student Handbook. If you have applied for deferment of studies you should continue with your studies of this course and submit the required assignments until formal approval is given by the University. Should you have difficulties in submitting an assignment, you are advised to liaise with your Course Coordinator and apply for a TMA extension. Students who have been granted deferment of studies will not be allowed to submit TMAs due before the date that their application for deferment of studies is received by Registry.

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