A new law, a new look
May 13, 2010 | BY
clpstaff &clp articles &Upgrading the "Made in China" image
It's hard to dispel the stereotype that items manufactured in China are of a lower quality than counterparts made elsewhere. This notion remains pervasive, but China is trying very hard to battle negative perceptions of its domestically-produced goods after very public failings in recent years. Who can forget the hype of children's toy recalls in 2007? Or the tragic Sanlu milk formula scandal in 2008? Last year, the spectre of shoddy wares came back to haunt when Chinese-made drywall in American homes raised health and safety concerns.
In its determination to properly conform to its anointment as the global superpower of the 21st century, China has made strides to clean up its “subpar quality” image. In late November 2009, it unveiled a “Made in China” public relations campaign aimed at instilling consumer confidence in Chinese-made products. In a television ad, a fashion model adroitly poses as a close-up of her garment label reads, “Made in China, with French designers.” A businessman relaxes into his plane seat as the camera sweeps out his window to a wide-lens view of the aircraft's nose which reads, “Made in China, with engineers from all over the world.”
This accoutrement, however memorable, pales in the shadow of the legislative behemoth that was promulgated on December 26 2009. The new Tort Liability Law stands to have a tangible and enduring effect in bolstering China's reputation in the marketplace. It is no knee-jerk reaction to bad press. In fact, it took nearly a decade of review and drafting before it was finally birthed by lawmakers. The new legislation lays down ground rules on product liability responsibility, and codifies consumer protection and victim compensation. If it can influence the enhancement of product quality for domestic consumers, then surely exports will benefit from the greater vigilance on quality control and standards.
The legislative milestone unifies numerous tort-related provisions found in other laws and tackles a broad scope of tort liabilities in fields ranging from motor vehicles to pharmaceuticals, and even environmental pollution. In this issue, Zou Weining and Ma Chunsheng of Jun He Law Offices give readers an overview of the Tort Law and highlights areas of importance to foreign investors, particularly product liability and issues to watch out for along the supply chain spectrum. Later on this month, we will publish a full translation of the new law online, so look out of it on www.chinalawandpractice.com.
I'd like to offer a shout-out to our INTA delegate readers in Boston! We've included a special section on our China Law Profiles 2010 IP rankings, featuring editorials on the leading players in Beijing and Shanghai. As always, I welcome your suggestions or opinions on making CLP more relevant to you, so please feel free to let me know using the contact details below.
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