was asked to testify before the Senate Judiciary Committee on April 22, 2026. The link is here: https://www.judiciary.senate.gov/committee-activity/hearings/stealth-stealing-chinas-ongoing-theft-of-us-innovation-04-22-2026.
Analyzing Trade Secret Protections: 2025 Civil Trends in China
This blog reviews Zhao Ye’s report on trade secret adjudication by the SPC IP Tribunal. Based on 11 published cases from 2025, the report highlights a sharp increase in damages, systematic reversal of lower court decisions, expanded use of burden-shifting, and stronger sanctions for evidence spoliation. In my view, these decisions also function as a form of strategic signaling, indicating a more rights-protective orientation in judicial practice. However, they do not yet constitute binding, system-wide legal change, which would require further judicial interpretations or formal designation as guiding cases. The emerging judicial trends may make Chinese civil courts a more viable forum for trade secret enforcement.
Reading the SPC IP Court’s 2025 Annual Report: Data, Composition, and Reporting Structure
This post examines the SPC IP Court’s 2025 Annual Report by focusing on underlying data, case composition, and reporting structure rather than headline claims. It shows that foreign participation is concentrated in administrative appeals, that punitive damages and trade secret cases remain a small share of the docket, and that plant variety protection is receiving increased attention. The post argues that careful attention to denominators, omissions, and how data are presented is necessary to understand what the report actually shows.
China’s Patent Injunction Report: Key Insights and Recommendations
Should China make injunctions more difficult in patent civil cases? A recent report from a Chinese think tank makes the argument for such changes. The change, if implemented, could particularly impact foreign rights holders.
Upcoming Asia Society Conference Includes Big Tech Focus
Asia Society will be hosting its 8th annual future of US and China conference on January 22, 2026. Tech issues will be playing a big role.
Asia/China Tech Positions at Asia Society
The Asia Society of Northern California has posted openings for two tech-related positions that involve working with me (Mark Cohen). These are two ideal positions for college grads, including holders of a […]
IP-Related Job Postings at Asia Society and PhRMA
Both the Asia Society of Northern California and PhRMA in its Beijing office, have posted new positions that may be of interest to readers of this blog. The Asia Society positions are […]
IPR’s and RPI’s: USPTO Takes an Important Step Forward
I was pleased to see that in a Memorandum issued on October 28, 2025, USPTO Director Squires has changed the role of real parties in interest (RPI) determinations in inter partes review […]
October 8: Testifying on PERA From A Comparative Perspective
The US Senate Committee on the Judiciary, Subcommittee on Intellectual Property will be holding a hearing on October 8, 2023 at 2:30 PM EST on “The Patent Eligibility Restoration Act – Restoring […]
Jerome A. Cohen… may his memory be a blessing…
Yesterday, I received the sad news that Jerome A. Cohen passed away on September 22, 2025. Jerry was a teacher, mentor, and a friend to generations of Chinese law students, including me. […]
China IPR - Intellectual Property Developments in China 