Legal Innovations in Asia

Edited by John O. Haley, William R. Orthwein Distinguished Professor of Law Emeritus, Washington University in St. Louis, US and Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington, School of Law and Professor of Law, Keio Law School, Of Counsel, Seed IP Law Group, US

• Contents:PrefaceIntroductionJohn O. Haley and Toshiko TakenakaPART 1: ASIAN LAW CENTER – THE FIRST HALF CENTURY1. The First Decades, 1961-2000John O. Haley2. Navigating Law’s Asian CenturyVeronica L. Taylor3. The Asian Law Center: An EvolutionJon Eddy PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS 4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of JapanHarald Baum PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA5. Judicial Law-making and the Creation of Legal Norms in Japan: A DialogueJohn O. Haley and Daniel H. Foote6. The Supreme Court of Japan and Online PharmaciesShigenori Matsui 7. Civil Procedure and Anti-modern Myths in “Harmonious Society”: China and Prewar Japan ComparedDongsheng Zang 8. Judicial Activism in ChinaVai Io Lo9. The Role of Courts in “Making” Islamic Law: South and Southeast Asia Clark B. Lombardi 10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese LawRyuichi Yamakawa 11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants?Kyoko Ishida PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA12. The Influence of Japanese Law on Taiwan LawTay-Sheng Wang13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative EssayKon Sik Kim14. Judicial Innovation in Chinese Corporate LawDonald Clarke 15. The Influence of US and Japanese Laws upon Indonesian LawKurnia Toha PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan’s Patent Term Extension ReformToshiko Takenaka17. Ethics Rather than Rights: Reconsidering “Transmit Rather than Create”: Toward a New Understanding of Korea’s Intellectual Property Rights TraditionHyung Doo Nam18. What are the Challenges Awaiting the Thai Government if the Bayh-Dole Act is Adopted in Thailand?Orakanoke Phanraska 19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential MedicinesTomi Suryo Utomo Index

'If any publisher can be depended upon to produce books chock full of ground-breaking research on issues pertaining to global law it must be Edward Elgar Publishing. International lawyers, scholars and academics seeking to extend their understanding of key legal systems in the Asia-Pacific region, for example, will therefore applaud this recently published title on 'Legal Innovations in Asia.'. . . Much is revealed in this fascinating volume and much can be learned from the variety of information and insightful commentary it contains, especially considering the evolutionary - and revolutionary - changes that have taken place, notably in Japan and China over the past half century since the Asian Law Centre was founded. Researchers, scholars and international lawyers seeking further insights into legal developments in Asia should certainly acquire this book.'--Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Since at least 1980 American universities have taken the lead in publishing articles and books on Asian law in English. This book provides a worthwhile addition to that body of publications.'--i>Lawasia Journal