The 3rd Huaxun Cup-National Legal Writing Competition in 2022

Purpose of 1. Competition

Under the guidance of Xi Jinping's thought of socialism with Chinese characteristics in the new era, we should innovate the training mechanism of legal talents, enhance the comprehensive ability of law students, and clarify the orientation of legal documents in legal education. Guide law students to take writing ability as an important basis for engaging in the legal profession. In view of this, holding the Hua Xun Cup·NationwideThe Legal Writing Competition is expected to promote the legal writing training and culture of internationally renowned law schools for many years, with a view to contributing to the improvement of the writing skills of legal practitioners.

2. organizational unit

Organizer: ECON Intellectual Property (hereinafter referred toHua Xun)

Qingchen Law Firm

3. Participants

NationwideAll undergraduate and graduate students of law schools in colleges and universities can sign up for the competition, only individual works, and cooperative works are not accepted.

(Note: Participated in previous Hua Xun Cup· Legal Writing Competition, but still a law school student, can continue to participate in this competition.)

4. authorization

Participants retain the copyright of the submitted papers, but should agree to authorize the organizer to issue press releases or other publicity activities for this event, and authorize the organizer to quote and publish the submitted papers free of charge (the organizer will clearly mark the author's name as a sign of respect for copyright).

5. Award Setting

First Prize1Name: BonusRMB3000 yuan,IssuedCertificate of Honor

Second prize3Name: BonusRMB2000 yuan,IssuedCertificate of Honor

Third prize five: BonusRMB1000Yuan,IssuedCertificate of Honor

ten awards of excellence: Certificate of honor

If the scores are the same after scoring, the bonus will be divided equally according to the number of people.;If the number of contributors is insufficient20 people (inclusive), the 2. third prize will be reduced by 2 places each.

6. CompetitionMakeTitle

This competition is divided into proposition composition and self-made composition. Participating students can choose one of them and draw up the title of the article. The language is limited to Chinese.

Propositional composition:

In recent years, the epidemic has caused significant damage to the domestic economy, and some large overseas pharmaceutical companies have recently developed specific drugs (such as Pfizer'sPaxlovid) brings dawn to the future of the epidemic. Some people therefore think that China should use the compulsory licensing system in the patent law to allow patentees to license domestic generic drug companies to produce these specific drugs in order to meet the urgent needs of the country. However, some people hold an opposing position, believing that compulsory licensing will infringe on the interests of patentees, and in the long run, it will harm the domestic environment for protecting independent innovation. Please state your position on this issue and give reasons.

self-prepared composition:

Students can choose a topic related to intellectual property rights. The topic must have both positive and negative positions. Participants must express their chosen position and provide reasons for supporting the position.

7. format and requirements

1. The format of the article is recommended to follow the writing conventions of short essays in law. The article should contain a clear topic sentence, reasons and conclusions that support the author's position.

2. The footnote format adopts the style of the journal "Legal Research" sponsored by the Institute of Law of the Chinese Academy of Social Sciences.

3. The text is within 3000 words. (No more than three A4 pages)

Each participant can submit only one entry.

5. The language is limited to Chinese.

8. score

The jury will conduct a two-way anonymous review of all participating papers, I .e. after all manuscripts are uniformly received by the organizer, the papers will be anonymously sent to the review teacher (see point 10 for the main review profile) for scoring.

9. Activity Date

Entry time:20 October 2022-20 January 23

Review time:January 21, 2023-January 31, 23

The award time will be announced separately.

10. submission methods and other

1. Please send the manuscript to the person in charge of the activity.Ms. Li Wenqian, contact information:wenqian.li@chinaipic.com. (Please note when submitting articles: school name and entry topic);

2. The competition rules shall be formulated and interpreted by the organizer.

3. A good legal instrument must meet at least the following requirements:

First, there is formal logic. It should be reminded that logic is not the same as a concept or system, and that logic emphasizes a process of derivation.

Second, the text is expressive, and the author's meaning is accurately expressed in concise words. Points will be deducted for vague terms. Special attention is drawn to the fact that sentences should conform to Chinese grammar.

Third, the persuasive power of the overall style of writing, legal documents (including judgments, lawyers' pleadings, legal opinions, papers), are trying to persuade readers to accept their views.

It is recommended to read some foreign judgments and learn their style and reasoning. In addition, please let the contestants know online by themselves.The meaning of Essay and its structure, and can refer to Hou Qingchen lawyer's short film. (Link: https://v.youku.com/v_show/id_XNTkwNTA0NjA1Mg==.html)

The following is a section of the United States JusticeA judgment written by Scalia for information:

Allowing a counterclaim to establish “arising under” jurisdiction would also contravene the longstanding policies underlying our precedents. First, since the plaintiff is “the master of the complaint,” the well-pleaded-complaint rule enables him, “by eschewing claims based on federal law, … to have the cause heard in state court.” Caterpillar Inc., supra, at 398–399. The rule proposed by respondent, in contrast, would leave acceptance or rejection of a state forum to the master of the counterclaim. It would allow a defendant to remove a case brought in state court under state law, thereby defeating a plaintiff’s choice of forum, simply by raising a federal counterclaim. Second, conferring this power upon the defendant would radically expand the class of removable cases, contrary to the “[d]ue regard for the rightful independence of state governments” that our cases addressing removal require. See Shamrock Oil & Gas Corp. v. Sheets, 313 U. S. 100, 109 (1941) (internal quotation marks omitted). And finally, allowing responsive pleadings by the defendant to establish “arising under” jurisdiction would undermine the clarity and ease of administration of the well-pleaded-complaint doctrine, which serves as a “quick rule of thumb” for resolving jurisdictional conflicts. See Franchise Tax Bd., supra, at 11.

For these reasons, we decline to transform the longstanding well-pleaded-complaint rule into the “well-pleaded-complaint-or-counterclaim rule” urged by respondent.

(HOLMES GROUP, INC. v. VORNADO AIRCIRCULATION SYSTEMS, INC. 13 Fed. Appx. 961, vacated and remanded.)

4. Introduction to Main Review

Hou QingchenFor Nanjing Huaxun Intellectual Property Consultant Co., Ltd.(www.chinaipic.com)Founder and Taipei Qingchen Law Firm(www.chingcheng-law.com) the lawyer and executive partner of the firm. Before founding Huaxun and Qingchen, lawyer Hou Qingchen worked as a lawyer in a Taiwan Zhicai law firm and an internationally renowned law firm for many years. After that, he entered the industry and served as legal directors of Lingyang Technology Group, Yimo Wenchuang Group and Weisheng Electronics respectively, accumulating rich experience in local litigation and international commercial transactions.

Lawyer Hou Qingchen has a doctor of law from Peking University, a master of law from National Taiwan University, a master of business from Political University and the University of Pennsylvania (University of Pennsylvania) Master of Laws. His solid academic training has enabled Mr. Hou to become proficient in the laws of the United States, China and Taiwan. In addition, lawyer Hou Qingchen has the qualifications of dual lawyers in the United States and Taiwan, as well as a patent certificate from Taiwan, and holds a legal qualification certificate in mainland China. So far, he has been practicing for more than 20 years, familiar with the actual state of industrial operation, specializing in company law, securities exchange law, corporate mergers and acquisitions, capital markets, tax litigation, intellectual property rights, and has rich experience in civil criminal and administrative litigation. He is the best choice for corporate legal counsel.

Education :

Doctor of Law, Peking University

Master of Laws, Pennsylvania University, USA

Political University Master of Business (Intellectual Property Institute)

Master of Law, National Taiwan University

University of Political Science, Bachelor of Law

Visiting Fellow, University of California, Berkeley, USA

Visiting Scholar, Columbia University Law School, USA

Licenses :

Lawyer of Taiwan, China

Patent Division of Taiwan, China

New York State Attorney

Chinese mainland legal professional qualification certificate

Experience :

Legal Manager, VIA Technology

Yi Mo Wen Chuang Legal Directory

Lingyang Technology Legal Manager

Lawyer, International Business Law Firm

Jumbo Law Firm Lawyer

Current:

General Manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd.

Director, Taiwan Qingchen Law Firm

Chief Representative of Taiwan Qingchen Law Firm in Nanjing

Hua Xun case· Founder of International Intellectual Property and Foreign-related Legal Service Platform

Hua Xun case· Initiator of International Intellectual Property Talent Cultivation Base

Expert Database of Sub-center of China (Jiangsu) Intellectual Property Rights Protection Assistance Center (Nanjing Jiangbei New District)

Member of Expert Advisory Committee of Nanjing Area of China (Jiangsu) Pilot Free Trade Zone

Expert of Technical Expert Database of China (Nanjing) Intellectual Property Protection Center

Member of the 7th Council of Nanjing Taiwan Compatriots Investment Enterprise Association

Adviser to the Youth Committee of Nanjing Taiwan Compatriots Investment Enterprise Association

Expert of intellectual property think tank of Nanjing Pukou Economic Development Zone

Vice Chairman of Nanjing Jiangbei New District Overseas Friendship Association

Member of the 6th Council of Nanjing Overseas Friendship Association

Member of Nanjing Arbitration Commission

Member of the First Investment Decision Committee of Nanjing Jiangbei New Area Science and Technology Investment Group Co., Ltd.

Institute of Intellectual Property Rights, Taipei University of Science and Technology Adjunct Associate Professor

Southeast University Law School Part-time tutor

Writings:

Industrialization of Pharmaceutical Patents