Separating shrine and state: why you shouldn’t expect a court to stop the Yasukuni visits

Article 20 of the Constitution of Japan says that “freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority… The State and its organs shall refrain from religious education or any other religious activity.” Article 89 further states that “no public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority.”

Like the First Amendment in the United States, these rules are just full of fun! If you think about it, they could make the Emperor illegal. (I don’t actually agree with this notion; it’s just one interpretation that could be drawn.) But they won’t make the Emperor illegal, nor will they make Koizumi’s visits to Yasukuni Shrine illegal… and even if the visits could be considered illegal, the courts aren’t going to stop them! More detailed explanation after the jump.
Continue reading Separating shrine and state: why you shouldn’t expect a court to stop the Yasukuni visits

Chinese IP law: it’s not the size of the book, but how you use it

I just got back from a talk given by Mark Cohen, an American intellectual property lawyer currently serving as U.S. Patent and Trademark Office attaché in the Beijing embassy. Very, very enlightening.

This guy literally wrote the book on Chinese IP law. One of his PowerPoint slides was a picture of the book from its side. The reason he put this on a slide: he was talking to an American businessman on a transpacific flight, and mentioned the book in conversation. The businessman said it must be one of the shortest books ever. It’s actually about 500 pages… as thick as many of the casebooks we get in American law schools.

Honestly, if I were sitting next to Mr. Cohen, I would have had the same reply. The impression most people get of intellectual property law in China is: “what intellectual property law in China?” What Cohen had to say was a paradigm shift for me: the problem is really that there’s too much IP law in China!
Continue reading Chinese IP law: it’s not the size of the book, but how you use it