China Law, Trade and IP 2021

Intellectual property law in China is undergoing rapid change, with profound implications for the world. Following our successful 2020 launch of a multi-part series on Chinese intellectual property law, the Berkeley Center for Law & Technology will present its second series of webinars, beginning October 6. The focus of this year’s series is on IP enforcement.

Leading experts from China and the U.S. will cover a range of topics, including China’s new specialized courts, venue and regional differences, use of empirical data, online platform liability, abusive trademark registrations, pharmaceutical IP, trade secret law, and US / European litigation involving Chinese rightsholders. Judges from Germany, the UK and the United States will be speaking. Other notable speakers include two former directors of the USPTO, as well as several current and former senior government officials, professors and prominent attorneys and experts.

All sessions are virtual.

 

Certificate in Chinese IP Law

In addition to CLE credit, individuals who attend four of the webinar sessions are eligible to receive a certificate in Chinese IP law from the Berkeley Center for Law & Technology.

 

Who Will Benefit from This Series

This series is intended for in-house counsel and law firm attorneys representing tech companies concerned about protecting their IP in China. Whether you have been doing trans-Pacific work for a long time, or are newly focused on working to understand the Chinese legal landscape, this series will get you up to speed on the latest developments, including changes spurred by the trade wars and internal drivers of law reform in China.

 

Participate in Real-Time or View the Series at Your Convenience

Each session in the series will be presented in real-time, with audience Q&A. In addition, a recording of each session will be made available to registrants. If you subscribe to the series after it began, you can go back at your convenience and watch the recorded sessions.

The last session in the series will be broken into two parts. In the morning we will have a discussion involving European colleagues. In the evening we will have a discussion with Chinese colleagues. Attending either or both of these sessions counts towards your certificate.

Currently enrolled law students and faculty, government officials, and non-profit organizations may enroll free of charge. No certificate will be awarded to free attendees. We will seek to accommodate anyone who has financial issues enrolling in the series.


Session 1: Where, When and How to Litigate in China
Wednesday, October 6, 2021 4:30 – 6:00 P.M. (PT)
 
This session was closed to the media.
 
  • Duncan Willson, Counsellor, US Embassy, Beijing
  • Chief Judge Randall Rader (ret)
  • Steven Zhao, GEN Law Firm
  • Deng Fei, Charles River Associates
  • Eric Priest, University of Oregon
  • Chu Ping, Nike

Moderators

  • Mark Cohen, BCLT/Berkeley Law
  • David Kappos, Cravath, Swain & Moore and former Director, USPTO

Resources

 

Session 2: Using China’s Multi-Track System: Criminal, Civil and Administrative Infringement Litigation
Wednesday, October 27, 2021 4:30 – 6:00 P.M. (PT)

 

Part 2 of our four-part China IP enforcement series is intended to help you better understand one of the more confounding aspects of China’s IP regime – how to maximize the opportunities presented by China’s multiple IP enforcement mechanisms.  In addition to civil and criminal enforcement system that is administered by the Chinese courts, China also has an extensive administrative enforcement regime that can fine an infringer, seize evidence, facilitate settlements, and issue administrative injunctions.  This system extends across the full range of IP rights, including more “obscure” areas as trade secrets and plant varieties.

China’s administrative enforcement regime was once viewed by the United States as a WTO-inconsistent alternative to criminal remedies.    However, foreigners do frequently use some forms of administrative enforcement. Nonetheless, many strategic considerations can affect which mechanism to use, such as:

Does China’s administrative system, which is often touted as being less expensive and faster, offer a viable, less expensive alternative, track to judicial enforcement?

Does the expansion of administrative enforcement pose a threat of abusive litigation practices?

How much are administrative agencies and the courts cooperating to ensure that litigants do not take unfair advantage of differences between the two systems?

What are the best mechanisms for small companies or big litigation projects?

Please join us as we explore these and many other issues.

  • YANG Guoxu, CCPIT, China Patent and Trademark Office
  • WANG Liaoteng, Beijing East IP
  • Joe Simone, SIPS
  • LEI Yongjian, Wanhuida
  • BIAN Renjun, Peking University
  • LEI Lingfei, Intel

Moderators:

  • Cynthia Tregillis, Western Digital
  • Kurtis MacFerrin, Google
 
Session 3: Trade-Related Impacts – Improvements and New Challenges
Wednesday, November 10, 2021 4:30 – 6:30 P.M. (PT)
 
Panel 1: Trade-Related IP Developments, Including Impact of the Phase 1 Trade Agreement
  • Janet Zheng, Wanhuida Law Firm (patents/trade secrets)
  • Sharon Qiao, Lusheng Law Firm, Rouse Network (copyright and software)
  • He Jing, GEN Law Firm (pharma IP protection)
  • Riccardo Vecellio Segate, Berkeley and University of Macau (trade secret and cybersecurity)

Moderator: James Pooley, James Pooley PLC

Break
 
Panel 2: Sanctions, Hostage Taking and Tech Shakedowns: What Should Lawyers and Their Clients Fear in Cross-Border IP Practice
  • Nicholas Klein, DLA Piper (US export controls/CFIUS)
  • Eric Carlson, Covington & Burling (Chinese export controls/CFIUS)
  • Chris Carr, Cal Poly (Chinese detentions of foreigners)
  • Tim Bickham, Steptoe & Johnson (foreign detentions of Chinese/Meng Wanzhou)
  • Dan Wang, Gavekal Dragonomics Research (semiconductors/supply chain)
  • Jerry Liu, Stanford Center for Internet and Society (Intellectual Property Investment and Censorship)

Moderator: Mark Cohen, BCLT/Berkeley Law

 

Session 4: China’s Role in a Global IP Strategy
This will be divided into two sessions – one at 9:00 A.M. PT for European speakers/attendees and the other at 5:00 P.M. PT, for Asian speakers/attendees. Both sessions will explore cross border IP litigation involving foreign companies in China and Chinese companies in foreign countries.
 
NOTE: to earn credit towards a certificate in Chinese IP Law, (in addition to Sessions 1-3) you must complete at least one of the Session 4 programs (morning or afternoon). Recordings of both sessions will be made available to registrants.
 
Morning Session Wednesday, December 1, 2021 9:00-10:30 A.M. (PT)
 
  • Eric Sergheraert, Clarivate
  • Stuart Chemtob, Wilson Sonsini
  • Justice Colin Birss, Court of Appeal of England and Wales
  • Klaus Grabinski, German Federal Court of Justice
  • Chief Judge Paul Michel, US Court of Appeals for the Federal Circuit (ret)

Moderator: Hao Yuan, BCLT/Berkeley Law
Moderator: Rob Merges, BCLT/Berkeley Law

 
Evening Session Wednesday, December 1, 2021 5:00-6:30 P.M. (PT)
  • Vivienne Bath, University of Sydney
  • Doug Clark, Rouse Network
  • Jill Ge, Allen & Overy
  • Andrei Iancu, Irell & Manella, former USPTO Director
  • Urska Petrovcic, Hudson Institute

Moderator: Thomas Chia, VIA Licensing


If you require an accommodation for effective communication (ASL interpreting/CART captioning, alternative media formats, etc.) to fully participate in this event, please contact Nathalie Coletta at natcoletta@berkeley.edu or 510-643-5518 with as much advance notice as possible and at least 7-10 business days in advance of the event.