Political Interference in the Chinese Judiciary

David C. Buxbaum
***-***-****
Guangzhou,
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Expertise:
Justice & Law International Affairs

Certified:


David Buxbaum, PhD
Senior Attorney
Anderson & Anderson LLP
David Buxbaum is a leading expert in law in China, Mongolia, Hong Kong, Macao and the United States, specializing in intellectual properly, litigation, law reform and corporate finance.
Interview Language:
Chinese,English
Contact Information:
***@***
Phone:
***-***-****
***-***-****
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Location:
Guangzhou, 510623
China
Website(s):
More contact detail.

Biography

Mr Buxbaum is fluent in both oral and written Chinese.  He was the first American lawyer invited to China to represent American business interests in 1972, after President Nixon’s historic visit.  He founded his firms first office in Guangzhou (Canton).  Subsequently, the firm opened offices in elsewhere in China and Asia.  Mr Buxbaum is a well regarded expert on private international and Chinese law who, in addition to being an experienced and highly respected practitioner, has also published extensively in the law field.  He has always been the primary author and reviser of the China Law Digest, Mongolia Law Digest and Macao Law Digest for the Martindale-Hubbell directory.


In addition to international transactional matters, Mr Buxbaum, is also professionally active in litigation, particularly regarding international business disputes, as well as intellectual property and commodities and securities matters.  He represented the successful respondents before the United States Supreme Court in the landmark case of Butz v Economou and successfully handled a leading IP case in China, namely Microsoft vs Juren.

Education: New York University (B.A., 1954); University of Michigan (J.D., 1959) concurrent graduate studies, University of Michigan Graduate School; graduate study, Harvard University and University of Washington (M.A., 1963; Ph.D., 1968).


Story Pitch

China's Judiciary Fails to Modernize, Lags Behind Government Development
The failure of the Chinese legal institutions to modernize has now been recognized by the chief judges of China's Supreme Court and the head of the Procuratorate. Judicial institutions may be the most backward governmental organizations in China.
Recent Publications/Appearances

MEDIA PUBLICATIONS:

November 2012 The Mining Law Review "Chapter 25 Mongolia"

Septeber 2012 South China Business Journal "The American Events Act and the Patent Law of China"

August  2012  biz.hk "Rule of Law in China: The Falling Trajectory"

LEGAL PUBLICATIONS:

Author, Articles: 1996: Securities Regulation: China, Landmark Judgement Against Juren Computer Co., Trade War Averted, Protecting IP Post-97, Extending IP Protection. 1995: Contracts in China During the Qing Dynasty: Key to the Civil Law XXI, A Program for IP Rights Enforcement, Scope of Trademark Protection Extended, Judge's Law Enhances IP-Enforcement, Enforcement of Sino-US IP Agreement, Protection of Famous Products and Famous Brands, The Status of IP in China, Leading Copyright Cases in Beijing, Foreign Investment in China, Recent Developments of Intellectual Property Protection in China. 1993: The Commercial Laws of China, and Patents Law and Practice, Trademark Law and Practice, The People's Republic of China, Contract Law in China, The Dynamics of Statutory Development and Practice, Doing Business in China, Lawyer's Challenge in China Trade: New and Developing Legal System; January 1962, 'Preliminary Trends in the Development of the Legal Institutions of Communist China and the Nature of the Criminal Law,' International and Cooperative Law Quarterly; 1968, 'Some Aspects of Substantive Family Law and Social Change in Rural China, 1896/1967,' University of Washington Ph.D Dissertation; 1973, 'American Trade with the People's Repubilc of China; 'Same Preliminary Perspectives,' Columbia Journal of Transnational Law, Vol. 12, No. 1; June 78, 'Commodities Transactions in China and Hong Kong,' New York Law Journal; 1979, 'Liability of Federal Officials in Damage for Acts Unconstitutional or in Excess of their Authority: Expanding the Concept of the Rule of Law,' Capital University Law Review, Vol. 8, Issue 4; 'The Commercial Law of China, and Patents Law and Practice, Trademark Law and Practice, The People's Republic of China,' Digest of the Commercial Laws of the World 1982-2004; January 1992, 'Contract Law in China, The Dynamics of Statutory Development and Practice,' Doing Business in China, Matthew Bender, Release No. 1; December 1994, 'Enforcing IP Rights in China,' The New Gazette (Hong Kong); February 1996, 'Protection of Commercial Secrets in China,' The New Gazette (Hong Kong); June 1998, 'Debt or Equity? Financing Options for PRC Investors,' China Direct Investor; April 1999, 'China Securities Laws,' (co-author, with Jian Fu), ISR, International Securities Regulation: Pacific Rim, Oceana Publications, Inc. Publications: 1996: International Securities Regulations: Pacific Rim, China Law and Practice, IP Asia, Hong Kong Lawyer. 1995: The New Gazette (Hong Kong), The Asian Investment Law Directory, Journal of Oriental Studies, University of Hong Kong. 1994: Hong Kong Law Year Book. 1982-1993: Digest of the Commercial Laws of the World. (China Offices).

 

IMPORTANT CASES: Sole Counsel for Successful Respondents, Butz v. Economou, 438 U.S. 478, 1978; Counsel for Successful Claimants, Microsoft, Autodesk and Wordperfect v. Juren, Beijing Intermediate Court, 1996.








 

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