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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 Trump 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.

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?

Transparency in the Chinese Courts on IP: My new article on “The Case of the Missing Cases”

China’s judicial database is a valuable tool to understanding China’s legal regime for intellectual property. However, a significant cohort of cases are unpublished. This article written by me and published by the Hinrich Foundation, discusses how to use this and other databases effectively, while at the same time recognizing that there may be limits to their overall comprehensiveness.

My Reflections on Testifying Before Congress – 2023

Over the course of the last three months, I spoke at a trifecta of Congressional hearings: the House Judiciary Committee, the Senate Judiciary Committee, and the Congressional US-China Economic and Security Review Commission. Before I had testified I was pessimistic about the prospects for positive IP-related legislation in our national competitive interests. I am now mildly optimistic that Congress can pass necessary IP legislation if both parties in Congress and the Administration work together.