Because of its strategic importance to both the United States and China, the IC sector is a useful example of how Chinese policies and plans may – or may not – be […]
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 and 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. In total, he has over 30 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.
Towards a Better Understanding of “Forced Technology Transfer” Policies in China and Their Strategic Implications
In August 2017, President Trump issued an executive order setting in motion an investigation of China’s trade policies including IP, technology transfer, and investment policies. The “Section 301” report on this investigation […]
Reviewing the 2017 SPC Report on IPR Judicial Protection: The Generalities and the Exceptions
There have been a number of empirical reports in recent weeks on China’s IP system. In this blog, I look at the annual Supreme People’s Court 2017 Report on the Situation Regarding […]
US-China Security Commission – Readout of Hearing on June 8, 2018
On June 8, 2018, I testified before the US-China Economic and Security Review Commission on “U.S. Tools to Address Chinese Market Distortions.” This was my second time testifying in the past three […]
What the EU and US WTO IP Disputes Reveal About Trade Diplomacy
Two contrasting approaches to using the WTO for China-related IP issues involving technology licensing and forced technology transfer are now pending at the WTO. The United States initiated a WTO dispute on […]
Across the Fault Lines: Chinese Judicial Approaches to Injunctions and SEP’s
As has been noted in the media, on April 26, 2018, the Guangdong High People’s Court (GHC) promulgated the Trial Adjudication Guidance for Standard Essential Patent Dispute Cases (the “Guangdong Guidance”). The […]
Supreme People’s Court Releases New Patent JI For Public Comment
On June 1, the SPC released a new draft judicial interpretation on patent validity litigation for public comment (最高人民法院关于审理专利授权确权行政案件若干问题的规定（一）[公开征求意见稿]). Comments are due within a month. The Chinese draft is found here. Here is […]
April 24 – May 7, 2018 Summary
1.NPC Standing Committee Releases 2018 Legislative Plan. The NPC Standing Committee (NPCSC) on Friday released its annual legislative plan for 2018. As usual, the plan is divided into two sections—the first listing […]
Of Qipao’s and Cultural Misappropriation
The controversy over a decision by a Utah native, Keziah Daum, to wear a qipao to her prom stirred up a tweet storm over “cultural misappropriation.” The South China Morning Post reported […]
Draft of Data Exclusivity Rules Released by CFDA
CFDA just released on April 25, 2018, its Public Comment Draft of Pharmaceutical Data Exclusivity Implementing Rules (provisional) 药品试验数据保护实施办法（暂行）征求意见稿, available here (the web version is here). Comments are due by May 31, 2018, […]
China IPR - Intellectual Property Developments in China 