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 and He Jing, with moderator Peter Leung from Managing Intellectual Property.  The program begins with a reception November 5.  Registration information is available here.

Who Went Where in 2013?

Many people in the China IP community changed jobs in 2014 – from seasoned experts to novices.  The biggest changes were in the government, although other areas were not excluded.

Amongst the European diplomatic corps, the IP Key team of the EU is being filled out, most notably due to the start of EU IP technical cooperation program —  IP Key.   The Beijing-based IP Key team consists of of Benoît Misonne and Dan Prud’homme, and will be adding others.  OHIM as the implementing agency of IP Key (in cooperation with the European Patent Office) with a team of four based in Alicante. Valentín Mir is the Action (or Project) Manager at OHIM.   

In addition to IP Key, Christophe Gimenez is currently serving as OHIM’s IP Attaché in the Delegation of the European Union to China and Mongolia, a position that was previously held by Jesús Romero.  Another European colleague, Jean-Baptiste Barbier joined the French Embassy in China from the French IP Office, INPI.

This year one veteran IP attorney left practice for diplomacy.   Clifford Borg-Marks became the Ambassador of Malta to China in August, 2013.    Among his many IP accomplishments, Cliff co-authored Trade Mark Law in the People’s Republic of China.

In the US government, we saw the departure of David Kappos as Director of the USPTO, for a partnership at Cravath.  Dave had established a close relationship with SIPO Commissioner Tian and other Chinese leaders.  Teresa Stanek-Rea, the Deputy Director, left USPTO to rejoin Crowell and Moring.   Terry was also very active in China IP matters, particularly in the pharmaceutical sector.   Also in 2013, Ray Chen, the former Solicitor of the USPTO became the first Chinese-American to sit as a judge on the U.S. Court of Appeals for the Federal Circuit.  We wish them all well. 

At the USPTO, Joel Blank and Tim Browning went to posts in Beijing and Guangzhou, respectively.  The Shanghai position of USPTO is now in the process of being filled.  Amb. Gary Locke, who formerly was Secretary of Commerce (and directly responsible for USPTO) also announced that he is returning to the United States in 2014.

In the Chinese government, former NCAC and GAPP Minister Liu Binjie assumed an important new role in charge of the Education, Science, Culture and Health Committee of the National People’s Congress in 2013, where he will  supervise pending IP legislation .  Meanwhile, Judge Luo Dongchuan, a veteran of the IPR Tribunal, became chief judge of the No. 4 civil tribunal at the Supreme People’s Court, which handles foreign-related cases.

If rumors are to be believed, other changes are afoot.  The rumors say that during 2014 it is likely that SIPO Commissioner Tian Lipu will retire and that Chief Judge Kong of the IP Tribunal will be promoted.

There were also a number of changes in the private sector.   He Jing went from ZY Partners to the Anjie Law Firm.  Horace Lam left Jones Day for DLA Piper.   Karen Guo, formerly of Jones Day and Wilson Sonsini went in-house to Novo Nordisk A/S.    Lucy Nichols, formerly of Nokia, went to work for cREATE.org (the Center for Responsible Enterprise and Trade) in Washington, DC.  Also back in the USA, Charles Freeman, former Assistant USTR for China, joined Rock Creek Global Advisors, while David Weller, who was formerly a partner at Wilmer Hale and had also served as a deputy to Charles, became the Head of Global Trade Policy for Google. 

There are also many who are starting out.  Amongst those I know personally:  Ge Yijun, a former student of mine from Fordham, started out at Bird & Bird in Shanghai and Ron Vogel, who wrote an article on trade secrets in China when I was a full-time professor, is starting out at Fish and Richardson in New York. 

Feel free to write it if you believe there is something that needs to be announced or corrected. 

Most importantly, however, I wish you all a healthy and happy new year!

Crossing the River by Feeling the IP Stones: How China’s Civil Procedure System Benefits from Reforms Made in IP Civil Litigation

On Aug 31st 2012, the NPC passed the revised Civil Procedure Law.  This is th  e third time that the CPL has been amended since it was first enacted in 1991.  The new law will go into effect on January 1, 2013.  The CPL is only starting to get the attention in the English language IP media (See He Jing’s article and Mondaq). Continue reading

Patent Law Revisions Up for Public Comment

SIPO has just made its proposed draft of revisions to the patent law (fourth amendment?) available on line.  With these sets of amendments, China is now in various stages of revising all major IP statutes:  the Copyright Law is with NCA in its second draft, the Trademark Law is with the State Council Legislative Affairs Office (SCLAO), and the Antiunfair Competition Law is also in some stage of review by either SAIC or the SCLAO.  Continue reading

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 in design protection, and intellectual property protection challenges for cloud computing in China, with mixed panels of academics, practitioners, judges and government officials from both countries. Continue reading

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