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.

 

————————————————-

Forthcoming Loyola/USPTO Conference on Chinese Entertainment Law

Loyola University Law School of Los Angeles and the USPTO are jointly sponsoring the first US-China Entertainment Law Conference on November 2, 2016.  Registration information and other information are found here.  The program will cover (1) Year in Review: Recent Developments in the US-China Entertainment Industry; (2) Commercialization of Content; (3) IP Issues Related to the US-China Entertainment Industry; and (4) Opportunities and Legal Challenges in the US-China collaboration of Movies, TV Productions, Music and Gaming etc.

I am scheduled to speak at the conference along with other colleagues from USPTO and a number of leading entertainment lawyers, business people, academics and officials.

Upcoming Fordham Program on Asian Antitrust

 

antitrustprogram.jpg

Antitrust agency heads from the Federal Trade Commission, Department of Justice, Competition Markets Authority, and EU Commission will deliver keynote remarks at this 43rd annual event.  Panel discussions will address topics such as  antitrust and intellectual property in Asia,  international antitrust cooperation in today’s multicultural environment, and antitrust enforcement in China. The conference concludes with an in-house counsel roundtable, “The China Challenge.”  The program will be held September 22 – 23 at Fordham University.

I will be on a panel on September 22 from 11:20 a.m.–12:35 p.m. speaking in my academic capacity on “Antitrust and Intellectual Property in Asia: Convergence? ” with H. Stephen Harris Jr., Partner, Winston & Strawn  moderating.  Other panelists include  Dina Kallay, Director, Intellectual Property and Competition, Ericsson, Inc.; and Joshua Wright, Senior Of Counsel, Wilson Sonsini Goodrich & Rosati.

Additional information can be found at: http://www.fordham.edu/info/20689/competition_law_institute

Three Upcoming Academic Programs: Reserve the Dates

Here are three upcoming China IP-related programs hosted by academic institutions.

On the West Coast, the Tusher Center for the Management of Intellectual Capital at the Haas School of Business, UC-Berkeley will be hosting a workshop on  Standards Setting and IPR: United States and China on March 28, 2016.   The program includes speakers from the Standardization Administration of China and the China National Institute of Standards.

From March 31-April 1, Fordham University will be hosting its annual IP Conference.  I will be speaking along with David Kappos, Benjamin Bai, He Jing and others in a sunrise session April 1 on Chinese IP issues.

On April 14, the USPTO in conjunction with George Washington University will be hosting a half day program in the afternoon.  The program will be held at the USPTO, and will include two roundtables on IP Issues Related to US Companies in China and IP Issues Related to Chinese Companies in the US.    I will be co-moderating this program along with George Washington University Dean for Intellectual Property Law Studies  John Whealan.  We expect to have the participation of several Chinese judges and IP officials in the program. Here is the link to register, and a draft Agenda.

Updated: March 15, 2016 with GWU link and agenda.

orchid

 

Loyola/Berkeley/Renmin Program Highlights Recent US-China IP Developments

On Friday November 7 I attended and spoke at the US-China IP Summit at Loyola (https://chinaipr.com/2014/09/07/loyola-los-angeles-hosts-us-china-ip-summit-november-7/). Here are some highlights:

Prof. David Nimmer (UCLA) talked about whether there is a need to reintroduce a concept of formalities in copyright again, in order to deal with problems in determining rights and better utilize information technologies.

Dean Liu Chuntian of Renmin University, argued that China’s true economic constitution should be a civil code. He took issue with those that argue the Antimonopoly Law is China’s “new economic constitution.” In addition he expressed concern that IP shouldn’t depart from the civil law. Prof. Liu also reiterated his long-standing opposition to administrative enforcement in civil law matters and also argued that copyright law reform issues should focus on matters of economic importance. Copyright protection of sports broadcasting in China was singled out as such an economically important issue.

Regarding specialized IP courts, Dean Liu also noted that several “10’s of members” of the NPC Standing Committee dissented from the NPC decision. Prof. Luo Li noted that the Beijing Specialized IP Court was established last week, just before APEC. Prof. Luo noted that the jurisdictional divisions of the courts were quite complicated, due to differences in adjudication amongs civil, criminal and administrative jurisdiction. Computer software cases (piracy?) would also be heard by the specialized IP Courts.

I raised concerns in this discussion on the courts about how foreigners would be treated by these specialized courts, in light of evidence that suggests foreigners may fare less well in appellate specialized IP tribunals (see: https://chinaipr.com/2014/08/22/specialized-ip-courts-about-to-launch-in-three-cities-and-are-they-good-for-foreigners/)

Prof. Merges of UC-Berkeley described AIA post grant proceedings as a kind of “quiet harmonization” with foreign practices, including with SIPO. As with China, there is no mandatory stay of civil proceedings during these administrative proceedings.

Prof. Zhang Ping of Peking University discussed the Huawei/InterDigital Corporation case as a pioneering effort on the part of Chinese courts to deal with global standardization crises, including by determining appropriate royalty rates for standards essential patents.

Prof. Huang Wushuang of East China University of Politics and Law discussed current efforts at trade secret legislative work. He noted that he had submitted proposed revisions on the Antiunfair Competition Law regarding trade secrets, by expanding the current one article to 10. His discussions focused on several issues, including what constitutes reasonable precautions to protect trade secrets and the role of non-compete agreements and how to strike a balance between rights of employers and employees. He noted that he did not think it reasonable for injunctions in trade secret matters to be permanent, since every trade secret has its own life span. Regarding damages, he thought that a traditional hierarchy should apply by basing calculations on the plaintiff’s loss, the defendant’s profits, reasonable royalty and statutory damages. He also noted that there were few cases in China which showed a causal relationship between damages and infringing cases.

The last panel discussed trans-border cases and was one where I participated. There was an especially lively discussion on issues involving recognition of judgments and the timely implementation of Hague Convention requests for evidence. Various speakers noted efforts to settle global IP disputes such as by suspending cases in favor or one or more venues, using Hong Kong arbitration for cases involving Chinese entities, and the need for means to resolve increasingly more complicated trans-border disputes.

There were many more great speakers — my notes are hardly complete. Hopefully a transcript or summary of the presentations will be compiled shortly. Kudos to the organizers, including Prof. Song of Loyola, for another great program.