Brian Safran is proud to announce that 2012 will see several of his papers published in law journals.
Online PR News – 16-May-2012 – New York, New York – Brian Safran is proud to announce that 2012 will see several of his papers published in law journals. After having recently completed his graduate work at the Center for Global Affairs at New York University, Safran is happy to see his bold thesis, which earned him a Master of Science in Global Affairs, getting public attention. The paper is entitled “A Critical Look at Western Perceptions of China’s Intellectual Property System.”
Safran completed a large part of the research done for this project during a field study in Beijing and Shanghai, China, in June 2012. On a trip with New York University, Safran and other students met with leading academics and practitioners about subjects including US-China relations, the trajectory of the Chinese economy and its implications, as well as the environmental and social challenges facing China in the 21st century. The conversations Safran had with others on this trip drew to focus the political, economic, and social challenges connected with China’s reemergence as an enormous force in the global economy.
While Brian Safran enjoyed speaking with the various leaders in China NYU had scheduled meetings with, he also pursued independent research on the challenges facing China’s intellectual property system and met on his own with leading law firms and business representatives. The conversations and experiences he had resulted in a paper that is strong enough for publication.
According to Safran’s findings, transatlantic corporations have channeled their collective energies into their respective Chambers of Commerce to complain about China’s lack of enforcement of intellectual property rights (IPR). However, evidence suggests that such firms are not availing themselves to the protections the Chinese system affords. Safran’s paper inquires into the bases for western perceptions of China's intellectual property system and attempts to assess whether they truly reflect the business-operating environment in China. The paper begins by analyzing the current state of China’s intellectual property system, to include the substantive law and policy protecting IP rights as well as the specific judicial, administrative and criminal mechanisms and processes for protecting IPR in China. It then addresses the impacts of China’s so‐called ‘indigenous innovation policy’, international trade regulations, and Confucian culture on China’s domestic IP system, and examines the enforcement potential by focusing on judicial outcomes in actual IP disputes involving foreign parties. The analysis is framed using "Theory of Reasoned Action," as introduced by American social psychologists Martin Fishbein and Icek Ajzen, and concludes that a combination of a series of misguided "attitudes" and "subjective norms" have ultimately served to discourage corporate executives from choosing to participate in China's IP system. In the end, it is argued that although challenges remain, China's intellectual property system is not as weak as is commonly believed, and that opportunities exist for western business executives to craft effective strategies to respond to these challenges. As a starting point, well-advised western business executives should seek to participate in China's IP system. This means filing for IP protection with Chinese authorities, consulting with local counsel and business consultants, and submitting to available administrative, judicial and criminal procedures for enforcing their IP rights.
“A Critical Look at Western Perceptions of China’s Intellectual Property System” will be published in June 2012 in its final form in Vol. 3, Ed. 2 of the University of Puerto Rico Law School’s Business Law Journal.
An additional paper, written by Safran for his International Human Rights Law course, entitled “Juvenile Justice Policy from the Perspective of International Human Rights,” is slated for publication this fall in the Cardozo Law Review de•novo of the Benjamin N. Cardozo School of Law. This article offers a defense of systems of juvenile justice from a human rights perspective. It seeks to answer the question of why have separate systems of justice for minors accused of crimes. The paper provides a brief overview of the significant body of international agreements to which states have acceded, and posits arguments on both sides of the debate as to whether juvenile protections should be strengthened or curtailed. It incorporates international research on judicial outcomes and on the treatment of juveniles, and finds significant gaps between states’ commitments and practices. The paper focuses on the neuroscientific and cognitive bases for juvenile treatment, and identifies some of the misconceptions regarding juvenile crime. In the end, it is argued that adjudicating minors through separate systems of juvenile justice best serve the ends of rehabilitating the juvenile as well as protecting society.
About Brian Safran
Brian Safran is currently serving as a corporate immigration paralegal at a prominent law firm in New York. In his current position, Safran assists in the management of a caseload inclusive of several Fortune 500 companies, prepares U.S.-bound nonimmigrant and immigrant USCIS petitions, arranges and coordinates consular appointments for foreign nationals, manages foreign national records, and maintains contact with corporate clients and foreign nationals. Safran holds a Master of Science degree in Global Affairs from New York University.