Yuan HAO – BCLT, Senior Fellow Dr. HAO Yuan joined BCLT in January 2021 as a Senior Fellow on our Asia IP and Technology Project. Prior to coming to Berkeley, Dr. Hao taught patent law and anti-monopoly law (“AML”) at the School of Law, Tsinghua University (2015-2020). Yuan has published academic papers and articles in the fields of patent law, competition law, data protection and nano-electronics. Her most recent academic paper (En) is “Through the Anti-Monopoly Lens: What Constitutes ‘Unfairly High Patent Pricing’ in China?”. Currently Yuan is working on a practical treatise on Chinese patent law, and a research paper that aims to explore the curious contour and implications of innovation/creation in IP at the coming era of artificial intelligence. Dr. Hao has advised several IP and AML legislation projects in China. She has also participated in a dozen litigation, administrative investigation and arbitration cases, including landmark SEP cases, as an advisory panel member or expert witness. Yuan has been recently listed as an arbitrator at the International Arbitration Center in Tokyo (“IACT”). She is also a Senior Of Counsel at LexField Law. Before becoming academic Yuan practiced years in IP litigation at KWM. Yuan received her J.D. from Brooklyn Law School (2011), Ph.D. in Nano-electronics from Penn State University (2006), and B.S. in Physics from Peking University (1999).

Talk II

Vivienne Bath is Professor of Chinese and International Business Law at Sydney Law School and Associate Director – International of the Centre for Asian and Pacific Law at the University of Sydney.  She is also a Senior Research Fellow of the Asia IP and Technology Law Project at the University of California, Berkeley, School of Law. Her teaching and research interests are in international business and economic law, private international law and Chinese law.  She has first class honours in Chinese and in law from the Australian National University, and an LLM from Harvard Law School.  She has also studied in China and Germany and has extensive professional experience in Sydney, New York and Hong Kong, specialising in international commercial law, with a focus on foreign investment and commercial transactions in China and the Asian region.  Representative publications include: V Bath and G Moëns, Law of International Business in Australasia (2nd ed, Federation Press 2019); “Overlapping Jurisdiction and the Resolution of Disputes before Chinese and Foreign Courts,” (2015-2016) 17 Yearbook of International Private Law 111-150, “The South and Alternative Models of Trade and Investment Regulation – Chinese outbound investment and approaches to international investment agreements” , in Fabio Morosini and Michelle Ratton Sanchez Badin (eds), Recalibrating International Investment Law: Global South Initiatives, Cambridge University Press, 2018 and Bath, Vivienne, “China’s Role in the Development of International Investment Law – from Bystander to Participant,” (2020) 15 Asian Journal of WTO and International Health Law 359

Mark Cohen joined Berkeley Law in 2017 as a Senior Fellow and Director of BCLT’s Asia IP Project. With over 30 years’ experience as a law firm attorney, in-house counsel, government official, and adjunct and visiting professor of law, Cohen was previously Senior Counsel and Senior Advisor to the Undersecretary of Commerce/Director of the USPTO. He is widely recognized as the leading expert in the U.S. on intellectual property law in China. As Director of the BCLT Asia IP Project, Cohen is working with BCLT sponsors and faculty directors to develop collaborative relationships with academic institutions and other partners in Asia, including organizing workshops, conferences, and other events that bring data-driven insight to the complex IP landscape in China and other Asian fora. Mark hosts the popular blog, serves as an advisor to the IP database, and has published books and articles on China’s IP system, antitrust law in China, civil and administrative enforcement of IP, and foreign law firms practicing law in China.

Andrew Guilford now is an Arbitrator/Mediator with Judicate West after serving as a District Judge in the Central District of California, where he was a Patent Pilot Program Judge, and sitting by designation with the Ninth and Federal Circuit Courts of Appeal. He received his AB degree in Economics summa cum laude in 1972 from UCLA as a Regent Scholar elected to Phi Beta Kappa, and his JD degree in 1975, also from UCLA, where he was an Associate Editor of the Law Review. He was a trial lawyer for over 30 years, and was elected in 1972 to the American College of Trial Lawyers.

Shan JIAO is the head partner of antitrust practice at Lifang Law Firm. She has diverse and in-depth experience in dealing with FRAND issues. She represented Samsung and Xiaomi in several SEP litigations and advised NDRC in the antitrust investigation into Qualcomm.

David J. Kappos is well known as the former Director of the United States Patent and Trademark Office, and before that the Chief IP Lawyer at IBM. In his current role as a partner at Cravath, he advises clients globally on complex IP issues in strategic transactions. Mr. Kappos is also an Adjunct Professor at Columbia Law School, where he teaches copyright litigation, and at Cornell Law School, where he teaches legal
advising for the start-up general counsel.

Talk I

Dr. Fei Deng is a Vice President at Charles River Associates (CRA).  She is an economic expert on antitrust and intellectual property analysis in China.  Dr. Deng has testified in a number of Chinese courts in standard essential patent (SEP) cases involving FRAND rate setting and injunctions.  In addition, she has extensive experience working with China’s antitrust agency on both sides of the table in merger reviews and antitrust investigation matters.  Dr. Deng’s work spans many industries, including digital platforms, telecommunications, and various consumer and industrial goods and services.  She is currently an editor of the American Bar Association (ABA) publication Antitrust, and has published extensively both in English and in Chinese on antitrust and IP issues.

Alexander Galetovic is a Senior Fellow at Universidad Adolfo Ibáñez en Santiago, a Research Fellow at the Hoover Institution at Stanford University, a Research Associate at CRIEP (Universities of Padua, Venice, and Verona), and a Visiting Faculty at the Sim Kee Boon Institute of Financial Economics, Singapore Management University.

Galetovic’s current research is about the interplay of intellectual property and antitrust in high technology industries like mobile phones, semiconductors, and autonomous vehicles. During the last 50 years technological progress in information technology has proceeded at unprecedented speed. Yet antitrust authorities see a constant tension between, on the one hand, intellectual property, patents and the right to exclude, and, on the other hand, intense competition. Indeed, in recent years many antitrust authorities around the world have taken the view that strong intellectual property may put competition and technological progress at risk. Galetovic’s research evaluates this tension critically and quantitatively and suggests that the concern of antitrust authorities is unfounded.