Should the FTC’s proposed rule banning non-compete agreements be applied in an international context? The FTC failed to consider the international implications of its proposed rule. My comments explore the potential adverse impact on trade secret protection in China, on patent and trade secret strategies, and on competitiveness of US technology clusters.
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.
Are Chinese Courts Out to “Nab” Western Technology: An Inconclusive WSJ Article
How accurate was a Feb. 20, 2023 article of the Wall Street Journal that reports on a new development in China’s efforts to nab Western technology? I discuss what the available data says and refute the notion that this development is new. It nonetheless remains concerning.
BCLT Forthcoming Roundtable on Proposed Trademark Law Revisions
Please join us on February 2, 2023, at 5 PM Pacific Time on zoom to discuss the recently proposed amendments to China’s Trademark Law!
Legislative Roundup, and a Roundtable on the New Civil Procedure Law
A roundup of recent China IP-related legislative developments.
Upcoming Asia Society Event on US-China Relations
I will talk on January 12 at the Asia Society annual event “The Future of U.S. & China.” This is the capstone event in its annual “Seeking Truth Through Facts” series. UC […]
USPTO Translations of Draft Legislation Now Available
China continues legislating with proposed patent examination guidelines and revised plant variety protection rules. Non-official translations of both documents are available here. The legislative process involved in both these documents has deviated somewhat form prior models.
Free Webinar on “Fraudulent Trademark Filings From China: Origins, Strategies, and Ethics” on October 11, 2022
During the past 10 years USPTO has conducted approximately 561 investigations into fraudulent trademark filings from China. These cases have involved US and Chinese trademark practitioners and their clients, and have sought to address a changing landscape of fraudulent activity. Our webinar on October 17 will discuss this changing landscape with two USPTO attorneys, a prominent Chinese trademark lawyer and Mark Cohen from BCLT.
Two Upcoming Asia Society Programs
Here are two upcoming Asia Society programs that I will be moderating: September 29, 2022: The Asia Society hosts a discussion on risks and opportunities in restructured Asian supply chains. We have […]
FRANKENSTEIN TRADEMARK AGENTS FILING FROM CHINA!
A Chinese firm submits trademark applications that indicate a deceased US trademark lawyer is their agent. How should USPTO discipline this type of activity to better protect its operations, users of the system, and reduce fraud?
Antimonoply Law Resources in English
A roundup of recent English language resources on antimonopoly law reform and comments on new rules from SAMR.
China IPR - Intellectual Property Developments in China 