Chinese Investors Call for Tough Punishment

China — The National People’s Congress’s recent announcement to protect the legitimate rights of minority shareholders has been well received by its country’s investors, who have suffered heavy losses on the stock market over the past four years.

Chinese stock markets hit a five-year record low during the past two months despite the Chinese economy having grown at an average annual rate of 9.5% during the past 27 years. This was caused mainly by rampant market irregularities by listed firms, lack of action from regulators to crack down on the irregularities and structural problems. Chinese listed firms have been found to fabricate figures to fool investors in their public offerings and make promises they never intend to honour; however, only few firms were given severe punishment for the fabrication.

The recent announcement is a clear indicator to investors that government departments will bear its message in mind when dealing with things involving the securities sector. Regulating the market according to law would be of vital importance for the recovery of investors’ confidence. (Source: www.china.org.cn)

Apple Makes Blogs Reveal Sources

US — Apple has won its legal fight to make three bloggers reveal who told them about unreleased products. The bid to unmask employees who were leaking information was launched in December 2004 following online articles about Apple’s Asteroid product. Apple has now won the right to see e-mail records from the three bloggers to root out the culprit. A lawyer for the three bloggers said the ruling set a dangerous precedent that could harm all news reporters.

In making his ruling, Santa Clara County Superior Court Judge, James Kleinberg, said that the laws covering the divulging of trade secrets outweighed considerations of public interest. He went on to state ‘... it is not surprising that hundreds of thousands of “hits” on a website about Apple have and will happen. But an interested public is not the same as the public interest’. He also stated that the question of whether the bloggers were journalists or not did not apply because laws governing the right to keep trade secrets confidential covered journalists, too. (Source: news.bbc.co.uk)

EU Court Rules Gillette ‘Sensor’ Razor Trade Mark Not Exclusive

Belgium — The European Union’s highest court ruled recently that a Finnish company can use Gillette Co’s trademark razor system to market its own shaving products. The European Court of Justice found that a complaint filed by Gillette Group Finland was unjustified stating that other companies could sell razor blades compatible with the Gillette ‘Sensor’ razors.

‘Without being the owner of a trademark, a third party may use it in order to indicate the intended purpose of a product which it markets,’ the court said.

LA-Laboratories sells razor blades under the name ‘Parason Flexor’ with a sticker saying ‘All Parason Flexor and Gillette Sensor handles are compatible with this blade.’

Gillette claimed this was a breach of trademark laws, and that it gave the impression to consumers that the Parason Flexor products were licensed by the Boston-based company.

‘The fact that a third party uses a trade mark of which it is not the owner in order to indicate the intended purpose of its product does not necessarily mean that it is presenting that product as being of the same quality as, or having equivalent properties to, those of the product bearing the trade mark,’ the court said. The court made clear, however, that the use of another company’s trade mark must be made in a way which does not take advantage of its distinctive character or give the impression that the other product is an imitation or replica. (Source: www.findlaw.com)

Jury Told of Pervert’s Past Sex Crimes

UK — A paedophile has been jailed for raping a 12-year-old boy after new laws were used to tell jurors about his previous child sex crimes. The Nottingham Crown Court heard David Jarvis, 53, had a string of previous convictions for sexually assaulting boys over a period of 40 years. He was jailed for nine-and-a-half years for the latest attack in Nottingham.

The judge said he was a ‘persistent, predatory paedophile who befriended young boys then sexually abused them.‘

He was one of the first paedophiles in the country convicted under new laws allowing jurors to be told of past crimes. A defendant’s previous convictions are normally withheld from a jury. Until now, these were only made public after a conviction, and ahead of sentencing.

Judge Michael Pert QC ordered Jarvis not to communicate in any way with anyone under the age of 16 for the next 20 years — or go near places such as schools or children’s homes.

He said: ‘You are a menace to children ... my public duty requires I pass a sentence that reflects the public revulsion to your conduct and offers the public a degree of protection from you.’ (Source: news.bbc.co.uk)