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UPCOMING EVENTS:
SAVE THE DATE!
Planning is underway for the 4th Annual Berkeley-Tsinghua Conference on Transnational IP Litigation. You don’t want to miss this premier international event addressing the increasingly important role of cross-border litigation, especially for Chinese and American companies. This year’s conference theme is: “Handling Cross-Border Conflicts in Litigation and Licensing.”
The conference will be held over three days: June 13, 15 and 16, 2022.
Stay tuned for further details.
Summer 2021 – Fall 2021
Virtual Event
Book Talk: Climate Change, Sustainable
Developmen
A Pathway for Developing Countries
Joy Xiang, Peking University School of Transnational Law
Event Recording
China Law, Trade and IP 2021
Certificate series
Fall 2021
Intellectual property law in China is undergoing rapid change, with profound implications for the world. Following our successful 2020 launch series on Chinese intellectual property law, the Berkeley Center for Law & Technology will present a second series of webinars, beginning October 6. The focus of this year’s series is on IP enforcement.
China Stakes Out Its Place in Plant Variety Protection: An Update with Experts on PVP and Agricultural IP Developments in China
October 13, 2021
5:00 – 6:30 P.M. (PT)
Event Recording
We will explore the public policy implications of China’s efforts to become a major force in new plant varieties, the technical aspects of China’s emerging plant variety regime, and how these changes fit into China’s overall IP practice.
Book Talk: Intellectual Property Law in China, 2nd Ed.
September 23, 2021
5:00 P.M. PT
Event Recording
Whether you are a fan or a critic, the rapid evolution of China’s IP system during the past forty years has had dramatic consequences for world trade, innovation and the global IP system.
Mark Cohen of Berkeley Law, Peter Yu of Texas A&M, Li Yahong of University of Hong Kong, and Daryl Lim of University of Illinois Chicago will discuss these important changes with the contributors to the second edition of a leading treatise on Chinese IP law.
China: A Patent Linkage Update
July 15, 2021
5:00 – 6:30 P.M. (PT)
Event Recording
In January 2020, China committed to a patent linkage (Hatch-Waxman) regime linking pharmaceutical regulatory approval and patent infringement determinations in the Phase 1 Trade Agreement concluded with the United States. With the enactment of China’s revised patent law, as well as the adoption of new rules on patent linkage on July 4, 2021 and a new judicial interpretation on July 5, 2021, the basic legislative framework for China’s new patent linkage regime is now in place. But how will these new rules work in practice?
Quantum Leap: Developments in China IP Law Over the Past Two Years
4:30 P.M. PT – 6:00 P.M. (PT)
Last year, in a series of important policy changes, China sought to improve IP quality and enhance the international influence of Chinese courts. There were also a number of high-level international IP disputes involving China, Chinese courts, or Chinese parties.
Join us to understand how China’s IP regime has changed and how those changes are impacting the foreign business community, and the program will also serve as a great introduction to our upcoming four-part series on IP developments in China, which will focus on litigation.
Tech, Trade and China: The Future of Multilateral Approaches to China Tech Policy
April 27, 2021
8:45 A.M. – 3:00 P.M. (PT)
This webinar will examine a wide range of issues related to U.S.-China relations, including the potential for collaboration on climate change, the role of international organizations such as the WTO and WIPO, export controls, and IP enforcement.
3rd Berkeley-Tsinghua Conference on Transnational IP Litigation: Transnational IP Litigation at a Time of Trade Tension
Day 1: January 21, 2021
4:30 – 6:30 P.M. (PT)
Day 2: January 22, 2021
4:30 – 6:30 P.M. (PT)
Day 3: January 28, 2021
4:30 – 6:00 P.M. (PT)
Day 4: January 29, 2021
4:30 – 6:30 P.M. (PT)
What impact have bilateral trade tensions had on private IP dispute settlement between the United States and China?What practical strategies should rightsholders consider?
Hear from a distinguished group of judges, officials, practitioners and academics from the United States and China, discussing such issues as SEP’s, trade secrets, patent linkage for pharmaceuticals, on-line enforcement, and trans-border legal ethics.
China Law, Trade and IP 2020
ONLINE CERTIFICATE SERIES (May – July 2020)
Intellectual property law in China is undergoing rapid change, with profound implications for the global tech industry. The Asia IP and Technology Law Project presented this series of seven webinars whereby leading experts from China and the U.S. covered developments in Chinese law on important topics including patentability, pharmaceutical IP, trade secrets law and enforcement, licensing and antitrust, and copyright.
Session 7: The Future of IP and Tech Collaboration in China
July 15, 2020
4:30 P.M. – 6:00 P.M. (PT)
Event Recording
A discussion with thought leaders, wrapping up the series.
Session 6: Copyright Commercialization, Protection, and Reform
4:30 P.M. (PT)
Even though China’s copyright landscape has been undergoing major changes, problems remain, such as in the copyright protection for online sports broadcasts. We will discuss China’s evolving legal landscape for copyright protection with three leading experts on Chinese copyright law as well as the National Basketball Association.
Session 5: Abusive Trademark Registrations
June 24, 2020
4:30 P.M. (PT)
Event Recording
Over the past several years, the Chinese Trademark Office and the Chinese courts have taken significant steps to address the problem of abusive trademark registrations within the context of China’s ‘first to file’ regime, including reforms required by the “Phase 1” Trade Agreement (January 15, 2020).
This panel consisted of leading authorities from the Chinese and US trademark offices, as well as practitioners, who introduced us to the problem of abusive trademark registration in China and the steps being taken to address it.
Session 4: Section 101 Comes to China: Is China Turning the Unpatentable into the Patentable?
June 17, 2020
4:30 P.M. (PT)
Event Recording
Over the past several years, China has been steadily expanding the scope of patentable subject matter, while the US has been making it more difficult to obtain software enabled patented inventions, fintech patents, and diagnostic patents. Is it in fact easier to obtain these patents in China than the US and what has been the impact (good or bad) on the US innovation ecosystem?
Session 3: Trade Secret Protection
June 10, 2020
4:30 P.M. (PT)
Event Recording
China has drastically amended its civil trade secret regime and then contemplated additional changes to its criminal trade secret law. However, foreign companies routinely experience significant challenges protecting their trade secrets in China or addressing China-originating trade secret misappropriation.
Session 2: June 3, 2020 – Licensing and Antitrust
June 3, 2020
4:30 P.M. (PT)
Event Recording
The US-China trade war sought to address certain perceived problems in the transfer of technology to China, including forced technology transfer and onerous mandatory licensing terms imposed on foreigners. How much has the licensing environment improved for the foreign business community and what additional reforms might be expected? How will China’s developing antitrust regime affect foreign businesses seeking to monetize their IP in China?
Session 1: Pharmaceutical IP Issues
May 27, 2020
4:30 P.M. (PT)
Event Recording
Pharmaceutical IP protection was a big “winner” in the Phase 1 Trade Agreement. How is China planning on implementing its commitments to improve protection for innovative chemical compounds and biologics?
Following the Data: What the Latest Research Says about China’s Legal and IP Environment
May 20, 2020
Event Recording
How should we understand data-driven Chinese legal policymaking, and how do these tools provide strategic insights?
Book warming: The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage
May 13, 2020
10:30 A.M.
Event Recording
The Asia IP and Technology Law Project was proud to host a virtual book warming event for Mara Hvistendahl’s: The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage.
Mara Hvistendahl is a Pulitizer Prize runner-up in non-fiction writing. In her new book, she chronicles an FBI investigation that began with the September 2011 trespassing inquiry of Chinese nationals in an Iowa cornfield and grew into a two-year FBI operation in which investigators bugged the men’s rental cars, used a warrant intended for foreign terrorists and spies, and flew surveillance planes over corn country.
The Phase 1 Agreement and Its Implementation
May 6, 2020
4:30 P.M. (PT)
Event Recording
Former high-ranking US government officials and one of China’s leading experts on IP law will discuss the Phase 1 Trade Agreement between the US and China. To what extent will the Agreement improve US and Chinese trade relations? On IP specifically, what does the Agreement offer to US companies?
China: Law, Economy and Trade in 2020
April 22, 2020
4:30 P.M. (PT)
Event Recording
A look at legal and economic developments in China as they affect trans-Pacific trade for 2020 and beyond.
Our conferences and workshops bring together practicing attorneys, judges and government officials from throughout the Pacific Rim:
- Practical Issues in CFIUS and Export Controls
May 30, 2018
Berkeley, CAFollowing our highly successful kick-off in August 2018, BCLT’s Asia IP Program held its second event on Tech, Trade and China.
- Roundtable on IP Developments in Pharma in China
May 30, 2018
Berkeley, CAThis invitation-only roundtable offered a rare opportunity for experts and stakeholders from China and the US to discuss major reforms in IP protection for pharmaceutical innovation that are under consideration in China, including the establishment of a patent linkage system.
- US-China IP Dialogue
May 31 – June 1, 2018
Berkeley, CABCLT hosted the US-China IP Cooperation Dialogue (sponsored by the US Chamber of Commerce), which brought together senior IP experts from the US and China for in-depth discussions on the full range of challenging IP issues.
- Tech, Trade and China
August 3, 2018
Berkeley, CAThis invitation-only roundtable, conducted in workshop fashion, with 70 participants from leading tech companies and law firms, including many former government officials, focused on the unique perspective and voice of the tech community, seeking a fact-based analysis of the changing nature of US-China trade. Follow-up work is being planned, with public outcomes.
- China Town Hall – National Committee for US China Relations
October 9, 2018
Berkeley, CABCLT partnered with the National Committee on US-China Relations and the Asia Society Northern California to host this interactive, live-stream webcast with Secretary Condoleezza Rice, followed by an on-site discussion with a panel of local experts on US-China relations involving trade, the tech industry and intellectual property rights in the Trump/Xi Administrations.
- Entity Formation and Funding: Legal Fundamentals for Startups
December 1, 2018
Shenzhen, ChinaExtending the scope of our Startup@BerkeleyLaw project, this one-day event was aimed at entrepreneurs in China seeking to understand the US venture capital and startup legal framework. More details: English | Chinese >>
- Transnational IP Litigation
December 3 – December 4, 2018
Beijing, ChinaThis full-day conference focused on litigating in the US; a subsequent US-based session focused on the importance of China in a global litigation strategy.
- 2nd Annual Berkeley-Tsinghua Conference on Transnational IP Litigation
October 22, 2019
Berkeley, CAA full-day conference aimed at in-house counsel and law firm attorneys, to enhance their understanding of how to handle cross border cases involving Chinese parties, including such hot issues as standards essential patents, the impact of the trade war, and on-line infringement.
- The new IP databases in China: Review the content and utility of the new IP-related and legal databases, to serve as an ongoing guide for practitioners and scholars.
- Foreign patent litigation: Using the newly released Chinese judicial databases, compare win/loss rates and explore trends and themes in Chinese IP litigation, including remedies such as injunctions and the role of licensing.
- Measuring patent quality.
- The interface between IP law and antitrust law in China.
- Patent linkage.
- Comparing approaches on protection of designs, including use of design patents.
- Compile a practice-oriented casebook in English on Chinese IP law.
We publish our research through multiple channels, including:
- www.ChinaIPR.com: This blog, managed by Mark Cohen, is the pre-eminent English language site on developments in Chinese IP law, with articles by academics, students and practitioners.
Research Output
- When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property in a Changing Trade Environment, WORLD TRADE REV. (forthcoming, 2021) (with Philip Rogers)
- A techno-globalist approach to intellectual property and supply chain disruption (Hinrich Foundation, 2020) (with Philip Rogers)
- How A Changing Geopolitical Climate Affects Licensing, INTELL. ASSET MGMT. (Nov. 29, 2019)
- Overlooked Strategies for Surviving the US-China Trade War, WORLD FINANCIAL REV. (October 10, 2019) (with Dan Prud’homme)
- A New Era of Licensing With China, COMPETITION POLICY INT’L (Sept. 23, 2019)
- Licensing Intellectual Property in a Changing Trade Environment, INTELL. ASSET MGMT. (Aug. 30, 2019)
- Testimony before the US-China Economic and Security Review Commission (June 8 , 2018)
Mark A. Cohen (柯恒) | Senior Fellow and Director, Asia IP Project
University of California Berkeley, School of Law
897 Simon Hall
Berkeley, CA 94720-7200
Tel: +1510-664-5368
Email: Mark.cohen@law.berkeley.edu
Website: www.chinaipr.com