Session 2: June 3, 2020 – Licensing and Antitrust
4:30 P.M. (PT) – 75 min.
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?
Speakers:
- Moderator: Mark Cohen, Berkeley Law
- Hao Yuan, Tsinghua Law School/Berkeley Law
- Stuart Chemtob, Wilson Sonsini
- Deng Fei, Charles River Associates
- David Dutcher, Western Digital
- Robert Merges, Berkeley Law
Session 3: June 10, 2020 – Trade Secret Protection
4:30 P.M. (PT) – 75 min.
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. This session offered some practical strategies in light of this rapidly evolving legal landscape.
Speakers:
- Moderator: James Pooley, Pooley, PLC and Berkeley Law
- Jerry Xia, Anjie Law Firm
- Jack Chang, Quality Brands Protection Commitee
- Mark Cohen, Berkeley Law
Session 4: June 17, 2020 – Section 101 Comes to China: Is China Turning the Unpatentable into the Patentable?
4:30 P.M. (PT) – 75 min.
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? The program included Chinese experts in the field.
Speakers:
- Moderator: Chief Judge Paul Michel, (ret.)
- Hon. David Kappos, Cravath, Swaine & Moore
- Liaoteng Wang, Beijing East IP
- Guobin Cui, Tsinghua Law School
- Robert Merges, BCLT, Berkeley Law
Session 5: June 24, 2020 – Abusive Trademark Registrations
4:30 P.M. (PT) – 75 min.
Michael Jordan, Donald Trump, and many other famous brands have encountered problems with trademarks for a range of goods and services that had been filed in China in advance of their legitimate owners. 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.
Speakers:
- Moderator: Prof. Eric Priest, University of Oregon
- Zheng Haiyan, China National IP Administration
- Michael Mangelson, USPTO
- Ping Chu, Nike China
- Lei Yongjian, Wanhuida Law Firm