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Seminar on Sports, Entertainment, Technology and Intellectual Property was Successfully Held

 

On October 24, 2018, a Seminar on Sports, Entertainment, Technology and Intellectual Property was jointly hosted by Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, hereinafter as “SHIAC”) and Judicial Arbitration and Mediation Services, Inc. (hereinafter as “JAMS”) at SHIAC. More than 60 attendees including SHIAC’s arbitrators, mediators, and representatives from relative companies, law firms and colleges participated the seminar.

 

Ms. Wang Weijun, Deputy Secretary-General of SHIAC, was the moderator of the seminar. She looked back to the productive communication and cooperation between SHIAC and JAMS during the recent years. She mentioned that, as two institutions that are full of experience in arbitration and mediation, SHIAC and JAMS are both devoted to provide highly efficient and convenient services for business parties through alternative dispute resolution ways.

 

Mr. Chris Poole, CEO of JAMS made general introduction of the history and development of JAMS.

 

Mr. David Huebner, arbitrator and mediator of JAMS, and arbitrator of SHIAC, shared his rich experience of legal practice in China and America. He talked about the rapid growth and tighter cooperation between Chinese and America parties in technology, entertainment and information industries ever since the end of the 20th century till now, and especially mentioned that China has grown to be the producer of new technologies and patents instead of being merely the imitator or importer during the last ten years. Under such industrial background, facilitation and diversification of media transportation for innovated services has caused new types of disputes, for which could be more challenging to resolve. This is worth the attention of all legal practitioners. He took some entertainment and technology suits in America for example, and analyzed the problems in these disputes, including lack of legal resource, unprofessional judges, lengthy procedure and the idea of social interest instead of industrial profession in judgments. He thought that disputes of specific industries should be resolved through more professional, effective and highly respecting ways.

 

Ms. Barbara A. Reeves, arbitrator and mediator of JAMS, has 30 years’ experience in legal practice. She mainly talked about the contradiction between business secrets protection and information technology development. She analyzed a series problem of American court suits in which technician’s resignation from big companies through a real case. She pointed out that, along with the fast development of high technology, major companies have paid more attention in protection of business secrets and patents and the Defend Trade Secrets Act of 2016 has set the legal basis for the protection. However, the publicity of court suits exposes the business secrets and certain defects of these suits have caused extra losses of the injured party, including the unprofessional judges and juries and limitation of court investigation. The two parties always have to settle the case with an unbefitting number of compensation. Therefore, the legal practitioner shall think about a more proper way of dispute resolution for high technology industry to adequately solve the problem of business secret protection.

 

Dr. Qiu Yichuan, Chief Inspector of Shanghai Shendi (Group) Co., Ltd., CEO of Shanghai Shendi Traveling and Vacation Development Company, arbitrator of SHIAC, expert on entertainment and intellectual property law, delivered his speech in perspectives of grand development and specific practice of the industries. He at first concluded the trend of entertainment and technology industries’ development in China and America. Seeing from the American side, he mentioned that, traditional Hollywood film companies are undergoing a new round of merger and acquisition, giant companies like the Disney is making new exploration in more diversified, informative, and steaming media areas. On the other hand, the Chinese film industry has been developed to narrow its gap with the American film industry. In the last decade, the cooperation of film and television production and entertainment investments between the two countries has created an upsurge ever. Under such background, the topic of intellectual property protection in legal procedure is worth the attention of legal practitioners from both countries. He also listed some influential IP legal suits in Chinese courts, for example, the Kung Fu Panda, the Cars and How to Train Your Dragon. He analyzed the idea of judgments by Chinese courts on legal issues of merchandising rights protection, copyright protection, definition of torts and unfair competition. He pointed out that, even though the current cases in Chinese courts have not manifested the uniformity and stability of judgments in entertainment and information disputes, the fundamental idea to protect intellectual property is undoubted along with the development of new legislation and juridical practice. He called on that companies and legal practitioners from both countries shall actively cope with the new problems in these industries, learn more about the substantial law of the opposing country, and seek a more efficient, equitable and foreseeable way of dispute resolution.

 

During the Q&A part, all attendees actively raised various questions for the speakers. Ms. Han Tianlan, arbitrator of SHIAC, raised questions of loss assessment in business protection disputes and jurisdiction of arbitration and legal suits for employee demission disputes. Mr. Arthur Wolff, arbitrator of SHIAC, raised questions of the arbitrability of IP and tort disputes, and domestic practice of American courts. Also, other attendees raised questions including evidence collection difficulty in entertainment disputes, recognition of certain new types of evidence and so on. The speakers answered the aforementioned questions.

 

Before the seminar was opened, Mr. Zhang Yue, Deputy Secretary-General of SHIAC met with Mr. Chris Poole and the two parties held a short meeting.

 

Mr. Zhang Yue introduced the recent development of SHIAC and shared SHIAC’s practice in combining arbitration and mediation. The two parties also exchanged opinions of further developing the cooperation between the two institutions, exploring cross border ADR under the fast development of Shanghai Pilot Free Trade Zone.

 

Mr. Matthew Rushton, director for JAMS European, Middle-East and Asia, Mr. Andrew Lee, chief representative of JAMS China, Mr. Qiu Yichuan, arbitrator of SHIAC, and Ms. Xu Suosheng, deputy head of SHIAC’s business development department also attended the meeting.

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