Notwithstanding China’s civil law tradition, China’s use of anti-suit injunctions (ASI’s) in FRAND disputes has begun to be selected for adoption into the body of “typical cases” 典型案例 that may be referred […]
Mark Cohen （柯恒）
Mark Allen Cohen (柯恒) is currently the Senior Technology Fellow at the Asia Society of Northern California and an Edison Fellow at the University of Akron School of Law. He also serves as a Non-Resident Scholar at the University of California Haas School of Business as well as the University of California, San Diego, and the National Bureau of Asian Research. He previously served as the first Intellectual Property Attaché at the U.S. Embassy in Beijing and as Attorney-Advisor in the Office of International Relations at USPTO. He is a recipient of the Meritorious Honor award from President Barack Trump on recommendation of President Obama. This is the highest award in the U.S. civil service. In total, he has over 40 years private, public sector, in house and academic experience on IPR issues in China. This blog represents the opinions of Mark Cohen and any guest authors only and should not be construed as the position of any third party.
NSCAI Report Released
The National Security Commission Report on Artificial Intelligence has been released. Chapter 12 covers IP-related issues, focusing on China. The report calls for greater interagency coordination, more stability in patent-eligible subejct matter, and a critical view of China’s SEP-contributions.
The SPP’s Increasing Role In Protecting IP
China’s Supreme People’s Procuratorate has set up a specialized IP office, with several local counterpart offices. Trade secret prosecution is a focus. 23,000 cases were prosecuted in the last five years.
Still Time to Register…
A forthcoming lecture by Mark Cohen on Weaponization of Intellectual Property Against China at UCSD.
Patent Litigation, IP Monetization and Technology Decoupling: Lessons for the Future
Even during a time of trade conflict, there was considerable litigation and patent licensing activity with China, including a pronounced role in global markets for Chinese companies and in China for US companies. Patent disputes and licensing involved a diverse group of technologies. Chinese companies have become more active in SEP litigation overseas. The United States is an important venue for litigating overseas patent disputes with Chinese entities. Both the patent licensing and pharma data show the importance of tracking market value and trends to determine the real-world impact of IP-related policies.
CNIPA Does A Statistical Switcheroo
About a dozen years ago while reviewing SIPO monthly statistics, I noticed that the percentage of foreign applications for invention patents for the prior year had shrunk to the point where they […]
CNIPA’s Notice on Cancelling Patent Subsidies: A Deeper Dive
On January 27, 2021, the CNIPA issued the “国家知识产权局关于进一步严格规范专利申请行为的通知” (Notice on Further Strictly Regulating Patent Application Behavior)”. Although the Notice, on first glance, is reacting to the USPTO Report and is transformative in nature, it in fact builds upon prior efforts of CNIPA and other agencies, it does not completely address issues involving market externalities, such as subsidies, in patent filings.
Four Upcoming Events
Four upcoming speaking events on China IP in February 2021.
Upcoming Webinar at Duke University
I will be talking February 22, 2021 at 7 PM at a virtual Duke University webinar on “China’s Emerging Intellectual Property Edge: Challenges and Opportunities.” The program is sponsored by Duke’s Asia/Pacific […]
The Phase 1 Agreement and the Prospects for Piloting a New IP Dialogue
What is the future of US – China dialogues on IP? Perhaps the future is better in IP than in other areas, regardless of the fate of the Phase 1 Agreement – at least those were lessons that could be drawn from the recent Berkeley-Tsinghua program on transnational IP litigation.
China IPR - Intellectual Property Developments in China 