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.
Mark Cohen （柯恒）
Mark Allen Cohen （柯恒} is a Distinguished Senior Fellow and Director of the Berkeley Center for Law and Technology at the University of California, Berkeley. He is also a Guest Professor at Renmin University, China. He has served as the Senior Counsel, China for the USPTO. Formerly, he was Director of International Intellectual Property Policy at Microsoft Corporation. Prior to that time he was Of Counsel to Jones Day's Beijing office. Before then, he served as Senior Intellectual Property Attaché at the U.S. Embassy in Beijing and as Attorney-Advisor in the Office of International Relations at USPTO. In total, he has nearly 30 private, public sector, in house and academic experience on IPR issues in China. This is his private blog. This blog represents the opinions of the author(s) only, and should not be construed as the position of any employer, client, or other party, including (and especially) the US government.
Berkeley Law closes out December 2021 with a range of programs focused on SEPs and IP enforcement, including judges and other speakers from all over the world.
Upcoming programs on SEPs, innovation, private international law, IP enforcement at Berkeley or other organizations for October-December 2021.
Translations and comments are made avialable on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
China’s New Judicial Interpretation on Harmonizing Plant Variety Protection with IP Reforms and Agricultural Policy
China’s new Judicial Interpretation on Plant Varieties harmonized IP protection for plant varieties with other reforms in IP laws in China. It also reflects China’s increasing efforts to accelerate agricultural reforms including strengthening legal protection for germplasm resources.
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.
Beginning October 6, 2021, Berkeley Law begins a four-part series on IP enforcement in China. The highly successful four-part SEP series of Prof Hao Yuan continues on October 15 with a discussion of the role of antitrust in SEP licensing and litigation.
On October 13 from 5:00 – 6:30 PM Pacific Time, Berkeley Law will be offering a free webinar to discuss developments in plant variety and agricultural IP protection in China. The program will also provide a window in many of the legal reforms now taking place in IP in China.
According to an article coauthored by mark Cohen in the September 2021 issue of Nature Biotechnology, government planning and targets for patents in China, while boosting overall quantity, negatively impacted overall quality. Quality concerns were manifested by a clear end-of-year trough in forward citations of patents filed near year’s end.
Berkeley Law will be hosting a book talk on the treatise, Intellectual Property Law in China (2d ed.) on September 23, 2021 at 5 PM Pacific Time. Registration is free. We will discuss the rapid evolution of China’s IP regime over the past 40 years as well as the likely directions that China’s IP regime will take place in the years ahead.