Judicial engagement with China on IP issues has frequently had a markedly different tenor from other forms of engagement, such as executive branch, business, or academic.  Judges carry less political baggage than does executive branch of the government, may be more direct, and can also be more inclined to be more balanced in their approach, as they reflect upon the kinds of controversies they encounter every day in their courtroom.  Most important of all, in judicial encounters with China, judges can also tend to highlight the respect that American society has for the judiciary,  in their independence granted by the constitutional guarantees in their salary,  their freedom from political interference and their ability to make law.  Some judges, such as those of Chinese descent, also help in showing how America strives to be a fair and open system. Continue reading →