Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S. patent law significantly contributes to harmonizing the remaining differences.

ONE COUNTRY, TWO SYSTEMS: THEORY INTO PRACTICE, Guiguo Wang and Priscilla M F Leung

The Hong Kong Special Administrative Region was established on July 1, 1997, when the former colony was handed over by Britain to China. Thereafter the policy of "One Country, Two Systems" began as dictated by the Basic Law. This article examines the evolution of the "One Country, Two Systems" policy and discusses how this policy has been reflected in the Basic Law. As any change in the Basic Law may affect the implementation of this policy, and perhaps the stability and prosperity of Hong Kong, this article also analyses the scheme, policies and rules in relation to interpreting and amending the Basic Law. It advocates for learning from the experience of other common law jurisdictions and recommends adopting the principles of consistency, progressiveness and foreseeability in interpreting the Basic Law.

Comments

THE 1997 U.S.-JAPAN DEFENSE GUIDELINES UNDER THE JAPANESE CONSTITUTION AND THEIR IMPLICATIONS FOR U.S. FOREIGN POLICY, Chris Ajemian

The 1997 U.S.-Japan Defense Guidelines represent additional commitment by Japan to the U.S.-Japan security alliance, the primary source of Northeast Asian security and stability. Certain tasks within Japan's enhanced role raise questions of whether the Guidelines are compatible with Article 9 of Japan's Constitution. On its face, Article 9 renounces Japan's right to wage war or maintain military force, yet it has been interpreted to allow a defensively-oriented, though massive, military. Based on the existing interpretation of Article 9, it is likely that Japan will declare its new role under the Guidelines constitutional. U.S. policy toward Japan in the short-term is to clarify the division of roles in the alliance to stabilize Northeast Asia. This Comment argues that the U.S. security guarantee prevents Japan from acting like a self-sufficient country. Consequently, U.S. long-term policy should be to withdraw from the role of Japan's protector wherever possible to encourage Japan to act more like a leader internationally.

MALAYSIA’S “COMPUTER CRIMES ACT 1997” GETS TOUGH ON CYBERCRIME BUT FAILS TO ADVANCE THE DEVELOPMENT OF CYBERLAWS, Donna L. Beatty

Malaysia is in the process of developing the Multimedia Super Corridor ("MSC"), a high-tech zone sometimes called "the Silicon Valley of the East." As a way of attracting investors to the MSC, Malaysia is adopting business-friendly policies and comprehensive "cyberlaws" designed to assure MSC participants that they and their technology will be protected. One of Malaysia's many goals is to be a leader in the development of cyberlaws. However, the Computer Crimes Act 1997 is too flawed to place Malaysia in that role. The Computer Crimes Act is designed to prevent computer crimes such as hacking, virus planting and the cracking of passwords. Although the Act contains some progressive provisions that appear in recommendations adopted by organizations such as the Organization for Economic Cooperation and Development, some provisions lack clarity and can be interpreted in ways which make them overly broad and unenforceable. Other provisions seem to ignore the needs of corporate victims of computer crimes, thus failing to meet the goal of assuring potential MSC investors that their technology will be protected. By modifying some of the statutory language to clarify the meaning and by adopting provisions which offer more progressive solutions to the problem of computer crime, the Computer Crimes Act 1997 could contribute to Malaysia's standing as a leader in the development of cyberlaws.

DISCRIMINATION DOWN UNDER: LESSONS FROM THE AUSTRALIAN EXPERIENCE IN PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, Joshua Colangelo-Bryan

Australia offers greater legislative protection against employment discrimination on the basis of sexual orientation than does the United States. This difference is not due to greater social or political awareness on the part of Australians. Rather, Australian federal law results from the work of progressive national committees given wide discretion to address discrimination under international agreements to which Australia is a party. The creation of Australian federal laws is not instructive in the U.S. context because the limited scope of these laws is incompatible with American discrimination statutes. Furthermore, the process by which sexual orientation became a proscribed ground under Australian federal laws is unlikely to occur in the United States. In contrast, Australian state and territory laws addressing gay rights are often the result of political compromise and frequently reflect familiar prejudices. While such legislation is clearly less than ideal, it indicates that a strategy of compromise can be successful in establishing protection against discriminatory employment practices. In this respect, those working to extend protection against employment discrimination on the basis of sexual orientation in the United States would be served by taking note of the Australian state and territory experience.

EROSION OF THE INDIGENOUS RIGHT TO NEGOTIATE IN AUSTRALIA: PROPOSED AMENDMENTS TO THE NATIVE TITLE ACT, Gretchen Freeman Cappio

The Australian government seeks to amend the Native Title Act, which presently gives indigenous Australians real property rights by virtue of their history living on the land. In their present form, the proposed amendments to the Native Title Act threaten indigenous representation regarding land disputes. The right to negotiate currently protected by the Act must be preserved, ensuring indigenous participation as well as consensual and procedural agreement. The government should not change its course: indigenous parties deserve the same rights today as were granted just five years ago. Government and indigenous leaders must work cooperatively to draft new amendments to guarantee an indigenous voice in land dispute resolution under the Native Title Act.

TAKING ANOTHER LOOK AT THE REGULAITON OF MUTUAL FUNDS IN THE AFTERMATH OF THE ASIAN FINANCIAL CRISIS, Thomas Krider

This Comment analyzes the 1997 financial crisis in Asia and its effect on U.S. mutual fund investors. The crisis was most acute in, and this Comment focuses on, the countries of Thailand, Indonesia and South Korea. The lack of transparency in these countries led to substantial losses for U.S. investors whose money was in non-transparent organizations through their ownership of mutual funds. The International Monetary Fund responded to the Asian crisis with aid packages intended to prevent the insolvency of those countries in financial trouble. As part of the IMF's program, one of the primary requirements for receiving aid is for each country to improve the level of financial transparency required of its business and financial sectors. U.S. mutual fund investors could be better protected against unnecessary losses, and the success of the IMF program greatly enhanced, by either increasing the level of disclosure required of the underlying securities held in a mutual fund's portfolio, or by prohibiting investment by mutual funds in companies who lack adequate financial transparency.

THE FIRST STEP FORWARD – THE AIDS DISMISSAL CASE AND THE PROTECTION AGAINST AIDS-BASED EMPLOYMENT DISCRIMINATION IN JAPAN, Marc Lim

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found the disclosure of the worker's HIV status by his employer to third parties to be an infringement upon his right to privacy. This Comment examines this case and show its ambiguities and potential precedential value. Many predict that the case will be seen as a viable base for civil rights protections against AIDS-based employment discrimination in Japan.