3rd Berkeley-Tsinghua Annual Conference
by Tsinghua University School of Law and UC Berkeley School of Law
The 3rd Berkeley-Tsinghua Annual Conference, jointly organized by Tsinghua University School of Law and UC Berkeley School of Law, was held online on January 22-23 and 29-30, 2021. The conference focused on "Transnational IP Litigation at a Time of Trade Tension," bringing together professionals from the State Intellectual Property Office of China, the US Patent and Trademark Office, the US Department of Justice, Chinese and American courts, scholars from renowned universities, legal advisors, and law firm partners to discuss transnational intellectual property litigation amid trade tensions.
The conference featured four main topics: the progress and litigation of IP legislation during trade tensions, transnational litigation and licensing of Standards-Essential Patents (SEPs), developments in trade secret laws and litigation, and transnational IP litigation in the evolving international trade environment. Discussions included analyses of patent litigation data, revisions of patent laws, anti-suit injunctions in SEP litigation, trade secret litigation data, amendments to unfair competition and criminal laws concerning trade secrets, and the impact of the first-stage economic and trade agreement between China and the United States on IP protection.
Notable speakers included Raymond Chen, United States Circuit Judge of the United States Court of Appeals, and Professor Zhang Yuejiao of Tsinghua University, a former judge of the WTO Appellate Body. They analyzed the current state and prospects of IP protection in China and the United States, emphasizing the importance of dialogue and cooperation between high-level officials of both countries. The conference also featured in-depth discussions on topics such as anti-suit injunctions in transnational SEP litigation, trade secret litigation trends, and the impact of recent legal amendments on the pharmaceutical market.
This conference is particularly relevant for legal professionals, scholars, policymakers, and industry leaders involved in intellectual property law, international trade, and related fields. Attendees can gain valuable insights into the complexities of transnational IP litigation, understand the evolving legal landscape amid trade tensions, and engage with experts to discuss strategies for effective IP protection and enforcement in a global context.
Speakers(40)
Andrew Guilford
Former Federal Judge at Central District of California
Reviewed the history of American Anti-suit Injunction and emphasized the importance of international comity.
Cheng Yongshun
Former Judge at Beijing Higher People's Court
Analyzed modifications of the patent system related to the pharmaceutical industry in China.
David J. Kappos
Partner at Cravath, Swaine & Moore LLP
Analyzed the disadvantages and costs of determining FRAND rates in parallel litigation.
Erwin Chemerinsky
Dean at UC Berkeley School of Law
Dean of UC Berkeley School of Law, delivered the opening address at the conference.
Evan Williams
IP Consultant at U.S. Department of Justice in Hong Kong
Reviewed criminal prosecution of trade secrets in the United States.
Gao Lulin
Former Director at State IP Office of China
Presided over the session on 'Data Review/Cases and Legislative Development'.
Hao Yuan
Researcher at UC Berkeley School of Law
Presided over the session on 'SEPs/FRAND/Licensing: Global Developments and Impact on US-China Trade'.
Hong Yan
Director at Longnuo Law Firm
Compared differences between civil and criminal litigation in China's trade secret cases.
Howard Hogan
Partner at Gibson, Dunn & Crutcher LLP
Introduced the working process of lawyers in dealing with counterfeit cases.
Huang Wushuang
Professor at East China University of Political Science and Law
Commented on regulations regarding trade secret damages in China.
James Pooley
Professor at UC Berkeley School of Law
Presided over the session on 'Developments in Trade Secret Law and Litigation'.
Jeremy Fogel
Former United States District Judge at United States District Court for the Northern District of California
Introduced advantages and disadvantages of the American litigation system in patent case trials.
Jiang Ge
Associate Professor at Tsinghua University School of Law
Presided over the session on 'Developments in Trade Secret Law and Litigation'.
John Wiora
Chief Operating Officer at ktMINE
Analyzed statistical data of patent transactions.
Karen Guo
Director of China Patents at Novo Nordisk (China) Pharmaceutical Co., Ltd.
Analyzed institutional modifications of pharmaceutical patent protection from the perspective of medical reform objectives.
Kent Jordan
Judge at United States Court of Appeals for the Third Circuit
Pointed out problems in the field of trade secrets, such as choice of SEP litigation court and Anti-suit Injunction.
Larry Lian
Consultant Lawyer at United States Patent and Trademark Office
Commented on the report 'Trademarks and Patents in China: The Impact of Non-Market Factors on Filing Trends and IP Systems'.
Li Jiang
IP Partner at Wanhuida
Explained factors affecting the choice of dispute settlement between patentees and implementers.
Mark A. Cohen
Asia IP Project Director at Berkeley Center for Law & Technology
Presided over the session on 'IP Litigation under Trade Tension'.
Matthew Chervenak
Founder and CEO at General Biologic
Analyzed the impact of recent law amendments in China on the pharmaceutical market.
Melissa Schneider
Head of North America Litigation Department at Darts-IP Company
Presented data on transnational IP litigation trends.
Pu Xiang
CEO at Zhichanbao Company
Shared data on transnational IP litigation heard by Chinese courts.
Randall Ray Rader
Former Chief Judge at United States Court of Appeals for the Federal Circuit
Discussed the settlement of SEPs through international arbitration.
Raymond T. Chen
United States Circuit Judge at United States Court of Appeals
Analyzed the situation and prospects of IP protection in China and the United States.
Robert Merges
Professor at UC Berkeley School of Law
Presided over the session on 'SEPs/FRAND/Licensing: Global Developments and Impact on US-China Trade'.
SHEN Weixing
Dean at Tsinghua University School of Law
Dean of Tsinghua University School of Law, delivered the opening address at the conference.
Soji John
Senior Counsel at Western Digital Corporation
Shared experience and methods of IP protection and technological innovation.
Song Jian
Judge at Jiangsu Higher People's Court
Discussed the influence of amended Article 32 of the Law Against Unfair Competition on trade secret cases.
Stuart Chemtob
Partner at Wilson Sonsini Goodrich & Rosati
Compared the application of the Anti-suit Injunction system in various countries.
Su Zhifu
Judge at Beijing Higher People's Court
Discussed judicial comity in SEP litigation.
Susan Finder
Professor at Peking University School of Transnational Law
Shared observations and opinions on China's efforts to promote the trial of IP cases.
Thomas Chia
Director at VIA
Presided over the session on 'Data Review/Cases and Legislative Development'.
Timothy Bickham
Partner at Steptoe & Johnson LLP
Presented statistics and trends of trade secret cases in the United States.
Vivienne Bath
Professor at University of Sydney Law School
Summarized and commented on views regarding SEP disputes.
Xia Feng
Senior Consultant at Anjie Law Firm
Analyzed statistics of civil and criminal cases of trade secrets in China.
Yang Guohua
Professor at Tsinghua University School of Law
Presided over the session on 'Transnational IP Litigation and a Changing Trade Environment'.
ZHANG Hongbin
Partner at China Global Law Office
Analyzed the application of various laws in SEP litigation.
ZHANG Yuejiao
Professor at Tsinghua University
Former judge of the WTO Appellate Body, analyzed the situation and prospects of IP protection in China and the United States.
Zhang Xiaoxia
Partner at Jindu Law Firm
Reviewed the historical evolution of trade secret protection laws in China.
Zhao Ye
Partner at Jingtian & Gongcheng Law Firm
Explained the history and legal basis of Anti-suit Injunction in China.
Event Details
- Date
- June 15-16, 2019
- 2 days
- Location
- 🇨🇳 Beijing, China
- Audience
- Legal professionals, scholars, policymakers, and industry leaders involved in intellectual property law and international trade.