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.
The Quincy Foundation just released my article, “Bridging the Divide: It Is Time for a New Science Agreement With China,” co-authored with Prof. Denis Simon. Denis and I argue that a renewed […]
SAMR’s new Antimonopoly Guideline for SEPS suggests possible new enforcement pathways for the agency, including areas that may be of concern to foreign licensors.
Keio University, Japan hosts a program on changes in Technology and IP law and practice in light of the 2024 US presidential election.
Access Advance and TCL have settled their patent pool dispute. An Amicus Brief filed with the Shenzhen Intermediate Court by Randall Rader, David Kappos and Mark Cohen discussed the problems raised by a court asserting global jurisdiction over a patent pool, which may remain a contentious issue despite this recent settlement.
The US Chamber of Commerce in Washington, DC, is hiring a Senior Manager for its China Center with a background in trade and investment. The direct application link through Dayforce is here: https://us241.dayforcehcm.com/CandidatePortal/en-US/uschamber/Posting/View/3011. […]
USPTO has canceled 3100 patent applications in a fraudulent scheme that is similar to prior actions taken against Chinese originating trademarks that benefitted from subsidies.
This article examines the candidates’ positions and accomplishments in four key areas implicating technological competition: derisking, negotiating, and advancing new trade policies, reorganizing government structures to promote competitiveness, and developing policies to address new technology issues. On the surface, the differences in approaches appear to focus primarily on matters of degree. Both parties support such tools as continued tariffs against Chinese imports, use of export controls and other trade sanctions, and enhanced efforts to “de-link” or “de-risk” from dependency on Chinese imports. Nonetheless, candidates Trump and Harris have sparred over the extent and impact of the tariffs, and the track records and rhetoric of the candidates suggest more differences than may initially be evident.
Three major court decisions involving SEPS, patents and foreign companies have been recently decided in China. In addition, the EU has recently released two of its submissions to the WTO regarding its dispute with China on antisuit injunctions. Nokia has also announced a global settlement with Oppo. What does the future hold for SEP litigation in China and the WTO dispute?
By assembling the briefs submitted by the EU, Australia and the United States in the WTO case DS611, a stark difference in approach emerges between the United States and the EU/Australia. It appears that the United States is allying itself more closely with China, perhaps with a goal of limiting WTO jurisdiction in certain areas. At the same time, however, the United States appears to be retreating on its long-held commitments to increasing transparency in China’s judicial and legal system.
I have just received word that Prof. Jiang Ping, a giant of Chinese legal scholarship, has passed away. He was an expert on civil law and Roman law and a strong advocate for […]
Mark Allen Cohen (柯恒} is a Distinguished Senior Fellow, Director and Lecturer of the Asia IP Project at the Berkeley Center for Law and Technology at the University of California, Berkeley. In total, he has nearly 40 years of private sector, public sector, etc., in-house and academic experience on IPR issues in China, including numerous publications and awards. This is his private blog.
China IPR - Intellectual Property Developments in China 