China as an IP Stakeholder

My presentation in the opening of the US-China IP Adjudication Conference got a lot of applause.

The USPTO and the U.S. Court of Appeals for the Federal Circuit May 28-30 co-sponsored an intellectual property adjudication program with Renmin University of China, the China Law Society, the Bar, and others. More than 1,200 people attended the three-day program, including nearly three hundred judges from China’s judiciary; hundreds of lawyers and business people from the United States and China; several hundred Chinese academics; and, most importantly, seven judges from the Federal Circuit, as well as a like number of judges from the Supreme People’s Court. There was an “en banc” Q-and-A session between the Federal Circuit and China’s Supreme People’s Court, a moot court involving a common fact pattern that resulted in a nearly identical adjudication on the same set of facts, and breakout sessions on such topics as pharmaceutical patent adjudication, copyright (including online infringements) and trademark developments (including “squatting”). The program was a milestone in bilateral judicial, intellectual property and rule of law exchanges.

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China Transitions: Where People Went in 2011, And Where They Are Headed

Looking back on 2011 and into 2012, it has been a year with considerable transition for individuals following IP issues in China.

There were some important lateral changes in the private sector.   With the Hogan Lovells merger, Doug Clark went to Hong Kong, and Horace Lam left Hogan Lovells for Jones Day in China.  Former Supreme People’s Court IPR Chief Judge, Jiang Zhipei, left the Fangda Partners for King and Wood.  Meanwhile, King and Wood, which already had a large China IP practice, merged with the Australian law firm, Mallesons, which has a Chinese IP practice.  Amongst the more recent retirees from the Chinese government, Xu Chao, of the National Copyright Administration, and Yin Xintian, of the State Intellectual Property Office, both left the government for the Wanhuida law firm.  An Qinghu, the former Director General in charge of the Chinese Trademark Office, also left his parent agency, the State Administration for Industry and Commerce, to work for the Chinese Trademark Association. Continue reading