China’s Role in Global SEP Strategy – Recent Berkeley Program

Three observations on China’s role in Global SEP strategies: the Chinese courts are likely fulfilling political mandates notwithstanding the best of intentions; FRAND should be best viewed as a process as much as a substantive outcome where multiple jurisdictions may have a role to play; and despite the attention several cases have gotten, the system overall appears to be working well.

USTR, IP and US-China Trade

On October 4 2021, USTR Katherine Tai delivered her much-awaited speech at CSIS outlining US-China trade policy under the Biden Administration. The speech summarizes her “top to bottom” review of US-China trade policy. Sadly, it was one of the most IP-free speeches that we have heard from USTR on China trade policies. USTR Tai mentioned intellectual property only once when she briefly talked about the Phase 1 Agreement. An Administration orientation towards increasing market access for grains and goods, but not protection and commercialization of intangible rights, could have long-term adverse consequences.