Why does China increasingly treat intellectual property as a strategic instrument of national development, international influence, and global governance while the United States often continues to view it primarily through the lens of enforcement and compliance? Building on my recent article with former USPTO Director David Kappos in The National Interest, this essay argues that intellectual property should be viewed as a central issue of foreign policy rather than as a specialized area of law. Recent Chinese writings emphasize the development of an indigenous intellectual property knowledge system and greater international “discourse power,” while U.S. policy remains focused on criminal enforcement campaigns and “IP theft.” If the United States wishes to preserve a market-oriented international intellectual property system, it must modernize its own laws, renew engagement with China’s civil IP institutions, emphasize transparency and private rights, and recognize that competition increasingly extends to the institutions, concepts, and norms that will govern the future of innovation.
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 […]
US Chamber Hosts 3d Annual Global IP Summit November 5 – 6
I will be speaking on November 6, 2015 at the US Chamber’s 3rd Annual Global IP Summit “Illuminating The Possibilities” this Friday, November 6. The topic is the US-China IP Dialogue. My discussants are David Kappos […]
Revised Patent Administrative Enforcement Rules – Is SIPO Building an Administrative System so the Patent Law Amendments Will Come?
On January 27, 2015 SIPO released a revised draft of its Patent Administrative Enforcement rules for public comment. The released draft includes a line by line comparison with the last version (Feb. […]
David Kappos to Leave USPTO
In an email sent to colleagues today at USPTO (November 26), Director Kappos announced that he will be leaving USPTO at the end of January. He wrote: “It has been an immense […]
USPTO and SAIC Engagement on IP Issues
From Director’s Forum: David Kappos’ Public Blog: On Sept 10, 2012 the USPTO was privileged to host Minister Zhou Bohua and his senior delegation from the State Administrative for Industry and Commerce […]
Understanding China’s New Environment for Intellectual Property
On April 11th, Fordham Law School held its first China focused IP Conference, “Understanding China’s New Environment for Intellectual Property”. The program covered a range of issues, from patenting trends, to challenges […]
Upcoming events
Please note a few upcoming events, listed mostly in chronological order: On February 28, 2012, Paul Jones and Xu Jing will be speaking in the Strafford live phone/web seminar entitled “IP Litigation […]
Brief recap of “Patents, Trade, and Innovation in China”
Attached is the speech by USPTO Director David Kappos from the joint Fordham/George Washington University conference on IP, innovation and trade issues in China on December 13. USPTO Director Kappos was introduced […]
