SO MANY CHINA IP CONFERENCES, SO LITTLE TIME…

markatjmls

Here’s a rundown of some past events, and some upcoming ones.  I will provide an update on some of the legal developments at a later date (I know I have been a bit remiss).

On October 4, 2018, I spoke about China at the University of Nevada Las Vegas’ program  on “Intellectual Property Enforcement at Trade Fairs.”   My observations: (a) China does not routinely great preliminary injunctions at trade fairs, despite heavy reliance on injunctive relief in final adjudication of IP infringements;  (b) The United States does have robust preliminary injunction/temporary restraining order trade fair remedies; (c) the use of sui generis administrative or quasi-administrative enforcement mechanisms for trade fair enforcement in China may be one reason that judicial remedies are not that common; (d) trade fairs do afford other opportunites – they are excellent evidence gathering opportunities, their use can help satisfy use requirements for a trademark, and they may constitute infringing conduct as an “offer for sale” under the patent law.  Please look through my  power point and tell me if you have any comments.

On November 2, 2018.  John Marshall Law School (JMLS) convened its 62nd annual IP conference I chaired a great breakout session on international developments, with Kira Alvarez, Peter Yu, Cynthia Ho, Tobias Hahn and Prof. Dennis Crouch.   The session discussed the state of global IP and China-specific IP negotiations in the Trump administration.   Kira Alvarez noted the success of the administration in negotiation trade secret commitments in the revised NAFTA.  The panel, along with the audience, also discussed the role of soft diplomacy, rather than trade disputes, to resolve IP-related trade conflicts.  Prof. Dennis Crouch attributed many of the changes in civil litigation globally to the work of former Chief Judge Rader “who was really using his gregarious nature to reach out and become close friends with the leading jurists around the world.”  This point was restated by many during the conference and thereafter.  The photo above is from the JMLS international IP panel with Kira to my right.

I also participated at the JMLS annual IP  conference in a plenary discussion on antitrust and IP developments, moderated by Prof. Hugh Hansen of Fordham with  Carlos Aboim, David Djavaherian, Suzanne Munck (FTC),  Prof. Ioannis Lianos, University College London and  Annsley Merelle Ward.   I looked at the evolution of Chinese judicial practice regarding SEPS, which are a remarkable set of steps in light of there being no substantive change in antitrust or patent law during this period, and likely reflect increased judicial experience as well as the impact of economic changes in China as an emerging licensor.  These developments were previously discussed in this blog.  I also discussed China’s historical reliance on civil law measures to deal with IP misuse, rather than remedies under the patent law or antitrust law, and how these compare with US practice.

On November 5, 2018, Dan Rosen (Rhodium Group) launched another path breaking paper “Missing Link – Corporate Governance in China’s State Sector” at the Asia Society of Northern California.  A copy can be found here.  The video of the launch can be found here.  The focus of my comments was on whether SOE’s can play a more active role in China’s innovation plans, and the awkward fit between SOE’s and global trading rules.  I believed that existing efforts to provide greater market accountability and transparency for SOE’s (and more broadly, China) have not achieved their intended outcomes despite  the extensive commitments negotiated with China at WTO accession.

I gave a talk at the IP Dealmakers Forum in NY on November 8, 2018 with several individuals involved in financing litigation, providing patent analytics, buying Chinese patents  – Roger Tu, Y. P. Jou,  Brian Yates, iPEL, and Bill Yuen.  Brian Yates’ company had just been the subject of a Chinese article regarding whether patent assertion entities will now be/should now be coming to China, that was posted by IPHouse.  I think many in the room shared my skepticism that China was now “ripe” for this type of activity, particularly for litigation by foreigners against Chinese.  There was however a general sense that the IP and litigation environment was improving.

In addition to these programs, here are some upcoming events;

November 12, 2018, I will be talking at NYU.  I have always greatly enjoyed the open discussions with Prof. Jerome Cohen (no relation), Ira Belkin and others, and I believe this upcoming event will be no different in my current role at UC Berkeley.

On November 13, 2018, I will be at Columbia University talking about “IP and the China Trade War: Long Overdue, a Pretext, or Both?”     I may be guided by the discussions around that topic at JMLS earlier in November, where many concurred that these actions on IP in China are both overdue and dwarfed by other concerns.

On December 2, 2018, I will be in Shenzhen. Peking University School of Transnational Law (“STL”) will be partnering with Berkeley to present an exciting program on “Legal and  Funding Issues for Successful Startups.”  Both the topics and speakers promise to make this an especially exciting launch event. Here’s the link to register.

On December 3, 2018, I will be at IPBC  Asia moderating a session on “China’s Mandate to Innovate” and its impact on IP commercialization. IPBC has constituted a great panel, including former SPC Chief IP Judge Kong Xiangjun, now Dean at Jiaotong University Law School, and Prof. Yang Guohua of Tsinghua Law School (former Chinese IP Attaché in the US, and DDG of MOfCOM), as well as Liren Chen, from Qualcomm, Eeva Hakoranta from Nokia and Roger Tu from Marconi.

On December 4, I will be at Tsinghua University speaking at the first annual Tsinghua/Berkeley conference on “Transnational IP Litigation: Opportunities and Challenges”.  A copy of the agenda (Chinese) is found here.   We will also have some great speakers for this launch event which focuses, non-exclusively, on US developments.  The speakers include several Tsinghua and Berkeley professors, and leading attorneys from practice in the US and China.  The program will cover a full range of issues including empirical data on litigation trends, venue, jury trials, Section 337 litigation, antitrust, the role of expert witnesses, and licensing strategies to mitigate risk.

I have some other events upcoming in Taiwan in December – but that will be another posting, along with some overdue updates on Chinese IP developments.

Forthcoming Speaking Gigs

UNLVpostcard

The fall promises many opportunities to talk and exchange ideas on Chinese IP matters.  Here are a few of the upcoming speaking events that I will be speaking at:

On October 4, 2018, I will be speaking at the University of Nevada Las Vegas program on “Intellectual Property Rights Enforcement at Trade Fairs”.   USPTO Director Iancu will be keynoting, and I will also be joining my former USPTO colleague Conrad Wong at the event.  The seminar will be a great showcase for UNLV Prof. Marketa Trimble’s recent research on enforcement of intellectual property at trade fairs.  I am also looking forward to engaging with my fellow blogger, Prof. Thomas Cotter, who will be moderating my session.

Trade fairs, due to their short duration, their exhibition of leading edge technology, and their potential to disrupt customer and market patterns present unique challenges.  I have  followed China and US enforcement of IP at trade fairs on my blog, as well as when I was IP Attache in Beijing.   As IP Attaché, I helping a US company,  ABRO Industries of South Bend, Indiana, which detected extensive counterfeiting of its product at the Canton Trade Fair by a company called Hunan Magic.  At that time, about 10 years ago, there was a hope that judicial enforcement of IP at trade fairs in China might offer an opportunity to mitigate local protectionism in the court system by providing a judicial venue that is not where a trade fair exhibitor may have its principal place of business.  Several years later, I heard  Chinese companies were also complaining about US trade fair enforcement, and the US and China entered into a bilateral JCCT commitment on this topic.  The use of civil remedies to address trade fair infringements also implicates China’s rare use of preliminary injunctions, which has also been discussed here.

On October 9, 2018, Berkeley Law will be co-hosting the 12th Annual China Town Hall sponsored by the National Committee on US-China Relations, with former Secretary of State Condoleeza Rice joining the discussions being held virtually nation-wide. I will be joined by my colleagues Berkeley (Profs. Merges and Aggarwal) and the Asia Society of Northern California in the local discussions at UC Berkeley Law School.

On November 2, 2018,  I will be returning to John Marshall Law School to moderate a session on Global Issues in IP for its 62nd Annual IP Conference.

On November 6-8, 2018, I will be speaking at the 5th Annual IP Dealmakers Forum in New York City on “China – Has It Been a Boon for IP Licensing and Enforcement”.  I will also be giving talks at the U.S.-Asia Law Institute of NYU on November 12 and at Columbia Law School on November 13.

On December 1, 2018, I will be speaking in Shenzhen at the first joint Peking University/Transnational Law School / Berkeley Law program on “Entity Formation & Funding: Legal Fundamentals for Startups.”

On December 2, 2018,  I will be speaking in Shanghai at IPBC Asia’s conference on Maximizing  IP Value in Asia, where I will be addressing China’s licensing and enforcement environment.

On December 3-4, 2018, I will be speaking at Tsinghua Law School in Beijing at the first joint Berkeley/Tsinghua program on “Transnational IP Litigation.”  This program promises to have a solid line-up of academics, judges, officials and practitioners.  It is also a topic I have followed extensively here, and previously spoken on at Berkeley.

Note that some of the academic programs are not yet listed on sponsor websites, please reach out to the sponsors or organizers for further information.

Mark Cohen

Asia/China at IP Scholars Conference at Berkeley: Call for Papers

The Intellectual Property Scholars Conference brings together intellectual property scholars to present their works-in-progress in order to benefit from the critique of colleagues. This year, the IPSC will be held in Berkeley August 9-10, and will include a special track dedicated to Asia IP law, including – I hope a focus on empirical research and China.   I will be blogging shortly on some of the interesting research I am seeing, and I hope that scholars from different disciplines will come to discuss their work.
Regular registration for IPSC will open later this year, but if you would like to present a paper, please submit an abstract using this form: https://goo.gl/forms/XHS y4eniAX6tuud63.
Deadline for submission of abstracts: May 25, 2018.
 
Deadline for submission of full papers or presentation slides: August 1, 201

October Offerings on Chinese IP

Here are some upcoming programs that involve China in North American in October:

October 11-12, 2017, I will be speaking on a China IP Panel at the ABA IP West conference in Long Beach, California.  The panel will focus on China’s recent (paradoxical) emergence in IP protection and enforcement.  Mike Mangelson, China IP Attaché in Shanghai will also be speaking at a session focused on the China IP Attaché program at this ABA program.

On October 14, 2017, I will be moderating a session on new trends in Chinese IP litigation, courts and enforcement at the Sixth Annual IP  Summit hosted by Loyola University of Los Angeles.

On October 18, 2017, the University of Indiana/USPTO will be hosting a China “Road Show” in Indianapolis.

On October 20, 2017, the John Marshall Law School will be hosting a China “Road Show” with USPTO in Chicago.

On October 26, 2018, I am scheduled to be commenting (as an academic) at the Fordham IP Institute on a presentation by Dr. David Cole of the Hagley Museum and Library on “A Nation of Inventors: The Politics of American Patent Models.  The Hagley Museum is planning an exhibit in China of its patent models in 2018.

Apart from these events, there are also China IP road shows scheduled for Salt Lake City and Denver in October.   Watch the USPTO website for more information on these and other programs.

An addenda to October offerings, per its Federal Register Notice, on October 10, 2017, USTR will be hosting a hearing on the Section 301 investigation involving China’s Technology Transfer, Intellectual Property and Innovation – Related Rractices.

 

Upcoming Fordham Program on Discovery and Investigations in China

Fordham University, in conjunction with the Chinese Business Lawyers Association, the Asian American Bar Association of New York and Consilio, is hosting a program on discovery and compliance with investigations in China, Navigating the Complexities of US Litigation Abroad on Tuesday, January 24.

As I have repeatedly noted, discovery, (or lack thereof) has proven to be a crucial factor affecting IP litigation strategies.  This looks a valuable program on this important topic.  As Consilio’s website on this conference notes:

“Document collection and discovery has become an increasingly important and fraught issue in China. U.S. litigations often require the collection and review of documents in China in ways that conflict with Chinese laws, such as laws on state secrecy and financial privacy. How can discovery be conducted in China while avoiding legal financial, and ethical problems? And what about internal investigations, which often require reviews of sensitive documents and materials, which may also implicate Chinese laws and regulations? Our panels will discuss the challenges and solutions in both internal investigations in China and also document discovery in China as part of U.S. litigations.”

ABA Teleconference on Antitrust Investigations (10/17/16)

The American Bar Association has asked me to post a notice on this forthcoming conference on Chinese Antimonopoly Law investigations, which is also expected to cover the IP issues in AML investigations, to be held on October 17, 2016:

International

  Post New Message

ABA teleconference on Antitrust Investigations in China; 17 October 2016

Matthew R E Hall

Oct 10, 2016 3:39 AM

Matthew R E Hall

ABA Section of Antitrust Law, International Committee

ABA Section of International Law, International Antitrust and China Committees

Present

Navigating Antitrust Investigations in China

October 17, 2016

12-13:30 EDT

China’s Anti-Monopoly Law Agencies continue to be active, including by investigating several multinational corporations and issuing numerous regulations and draft guidelines, including on antitrust intellectual property issues.  Join this panel of international experts to discuss recent developments by China’s National Development and Reform Commission and State Administration for Industry and Commerce.

Speakers Include:
* Maureen Ohlhausen, Commissioner, Federal Trade Commission
* Xin Roger Zhang, East Concord Law
* Fay Zhou, Linklaters LLP

* Wei Tan (Compass Lexecon)

* Mark Whitener (GE)

In-person option at Compass Lexecon – 1101 K Street NW, 8th Floor Washington, DC 20005

To register for in-person or teleconference, visit: http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=257366549.  We hope our committee members can join.

 

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