Author Archives

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.

Reviewing Recent Literature on the WTO and Antitrust in IP

Two books, China and the WTO: Why Multilateralism Still Matter (Mavroidis and Sapir), and Chinese Antitrust Exceptionalism (Zhang) consider trade and competition law aspects of the U.S.-China trade dispute.  They discuss the treatment of state-owned enterprises under international trade and domestic competition law rules.  They also discuss IP-specific issues, particularly forced technology transfer by or for the state and the control of abusive technology licensing practices, including the licensing of standards essential patents and China’s discriminatory Administration of Technology Import/Export Regulations (“TIER”), which has since been amended.  The books and article are part of several academic and popular discourses on the disruptive and unpredictable policy agenda of the Trump administration, which also provide cautionary roadmaps for future engagement – or confrontation – with China.

China’s New Blocking Statute Comes into Effect

The NPC passed China’s new blocking statute, the Anti-Foreign Sanctions Law  中华人民共和国反外国制裁法 on June 10, 2021. The Law provides support for the delegation of power to enable lower-level agencies to implement sanctions measures.  As the Law is vaguely worded, State Council agencies are likely to have considerable discretion in implementing it. Of particular concern to multinational companies, the Law also covers spouses and immediate family members as well as officers of listed sanctioned entities.