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?
Mark A. Cohen （柯恒）
Mark Allen Cohen (柯恒) is currently the Senior Technology Fellow at the Asia Society of Northern California and at the Asia Society Policy Institute He also serves an Edison Fellow at the University of Akron School of Law and as a non-resident fellow at the Haas School of Business at the University of California at Berkeley, the University of California at San Diego, and at the National Bureau of Asian Research. He was the first Intellectual Property Attaché at the U.S. Embassy in Beijing and as Attorney-Advisor in the Office of International Relations at USPTO. Among his many awards, he is a recipient of the Meritorious Honor award from President Barack Obama on recommendation of President Obama for his work on technology transfer issues involving China This is the highest award in the U.S. civil service. In total, he has nearly 50 years of private, public sector, in house and academic experience on IPR issues in China. This blog represents the personal opinions of Mark Cohen and any guest authors only and should not be construed as the position of any third party or client. Among his recent awards, he has been given (again) a "Top 300 Global IP Strategist" award (2026) by Intellectual Asset Management magazine: https://www.iam-media.com/rankings/strategy-300.
Australia, US, and EU Submissions at the WTO on China and Anti-Suit Injunctions
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.
Prof. Jiang Ping Has Passed Away
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 […]
Oppo v. Nokia in Context
The recent decision in Oppo v Nokia Oppo v. Nokia (2022渝01民初1232号 presents some troubling issues concerning global rate setting, the role of the WTO and China’s interpretation of FRAND.
White & Case 18th Annual Taiwan Roundtable
I will speak at the 18th Annual White & Case Taiwan Roundtable next Friday, Sept 22 in Taipei. The toipcs that I will discuss include: the developing relationship between sanctions and intellectual […]
Forthcoming Lecture on “IP in the Trump and Biden Trade Wars”
I will be in Taipei next week, where I will be delivering several public lectures. The first one will be on September 19, 2023 at the National Taiwan University of Sciences and […]
STA On A Six-Months Extension
The Biden Administration made the right choice by extending the US-China Science and Technology Agreement and committing to amend and strengthen its term.
Renewing the US-China STA is Not the Question
On August 7, 2023, the Berkeley Center for Law and Technology hosted a three-hour webinar on renewing the US-China Science and Technology Agreement (STA). The agenda and other materials are available here. […]
Upcoming BCLT Program on Science and Technology Collaboration with China
On August 7 at 9 AM (Pacific), BCLT will host a discussion on the current controversy over renewing the US-China Science and Technology Cooperation Agreement. Our keynote speaker will be Prof. John […]
SAMR’s “Choreography” of SEP AML Rulemaking
How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China’s commitments to rule of law and the challenges faced by high tech companies – whether implementer or licensor in China?
