False Friends (形似神异): Comparing US and Chinese Administrative Patent Enforcement

The China Patents and Trademarks journal has now made publicly available the article I wrote late last year with former USPTO Director David Kappos and former Chief Judge Randall Rader (ret.)  “Faux Amis: China-US Administrative Enforcement Comparison”, in both  English, and Chinese (形似神异:中美专利行政执法制度对比).  Kevin Lu 吕行 of USPTO also assisted in researching the article.

The article discusses the differences between administrative enforcement of patents in the United States International Trade Commission (Section 337) and by SIPO in China and notes that the comparisons of China’s administrative patent system to the USITC system are misleading, as the two systems are different both qualitatively and quantitatively. 

The opinions in the article are of course strictly the authors’ own.

Three Upcoming Programs

If you are near Portland, Oregon, Prof. Eric Priest of the University of Oregon, Chief Judge Rader (ret) and I will be talking at the University of Oregon about our joint efforts with the US Chamber on China IP related matters.  The program will be held form 12:00 to 1:30 on May 6th at the University of Oregon White Stag Building, 70 NW Couch Street, Portland, Oregon,  RSVP: teevee@uoregon.edu.  Oregon CLE is pending.

On June 2, 2016 in Beijing, IP Key will be cosponsoring a program on Infringement of Intellectual Property Rights Online.  Information is available here.

Another upcoming program on June 8 is in Alexandria, Virginia with the USPTO and George Mason University on licensing.  Although not strictly speaking a China-related program, I expect there to be  considerable discussion around China’s licensing environment.  Amongst the speakers will be Director Lee of the USPTO, Commerce Deputy Secretary Bruce Andrews, FTC Commissioner Ohlhausen, and former USPTO Director David Kappos.  I will also be speaking at this program.  The conference agenda and a link to registration are available here.

 

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.

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