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(23)
Andrew Guilford
Former Federal Judge at Central District of California
Judge Andrew Guilford reviewed the history of American Anti-suit Injunctions and emphasized the importance of international comity.
David Kappos
Partner at Cravath, Swaine & Moore LLP
David Kappos analyzed the disadvantages and costs of determining FRAND rates by different countries in parallel litigation.
Erwin Chemerinsky
Dean at UC Berkeley School of Law
Dean of UC Berkeley School of Law, Erwin Chemerinsky delivered the opening address at the conference.
Gao Lulin
Former Director at State IP Office of China
Gao Lulin, former Director of the 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
Dr. Hao Yuan comprehensively discussed key issues of SEPs, including calculating rates and issuing Anti-suit Injunctions.
John Wiora
Chief Operating Officer at ktMINE
John Wiora analyzed statistical data of patent transactions, indicating a relatively healthy overall situation.
Larry Lian
Consultant Lawyer at United States Patent and Trademark Office
Larry Lian provided comments 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
Lawyer Li Jiang explained factors affecting the choice of dispute settlement between patentees and patent implementers, sharing visions about the future development of the FRAND commitment system.
Mark Cohen
Asia IP Project Director at Berkeley Center for Law & Technology
Mark 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
Matthew Chervenak analyzed the impact of recent law amendments in China on the pharmaceutical market from an industry perspective.
Melissa Schneider
Head of North America Litigation Department at Darts-IP Company
Melissa Schneider presented data on transnational IP litigation, highlighting the increasing involvement of Chinese enterprises in related disputes.
Pu Xiang
CEO at Zhichanbao Company
Pu Xiang shared data on transnational IP litigation heard by Chinese courts, noting trends in litigation compensation and trial periods.
Randall Ray Rader
Former Chief Judge at United States Court of Appeals for the Federal Circuit
Randall Ray Rader discussed the settlement of SEPs through international arbitration and related institutional design.
Raymond Chen
United States Circuit Judge at United States Court of Appeals
Raymond Chen, United States Circuit Judge of the 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
Professor Robert Merges 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, Shen Weixing delivered the opening address at the conference.
Stuart Chemtob
Partner at Wilson Sonsini Goodrich & Rosati
Attorney Stuart Chemtob provided a comparative analysis of the application of the Anti-suit Injunction system in various courts.
Su Zhifu
Judge at Beijing Higher People's Court
Judge Su Zhifu discussed judicial comity and key issues in SEP dispute settlement from the perspective of trade secret litigation.
Thomas Chia
Director at VIA
Thomas Chia, Director of VIA, presided over the session on 'Data Review/Cases and Legislative Development'.
Vivienne Bath
Professor at University of Sydney Law School
Professor Vivienne Bath summarized and commented on the views of distinguished guests, suggesting the establishment of a global specialized agency to settle relevant disputes.
Zhang Hongbin
Partner at China Global Law Office
Lawyer Zhang Hongbin analyzed the application of various laws in SEP litigation and discussed the basis of claim rights of FRAND rates in judicial judgments.
Zhang Yuejiao
Professor at Tsinghua University
Professor Zhang Yuejiao of Tsinghua University, a former judge of the WTO Appellate Body, analyzed the situation and prospects of IP protection in China and the United States.
Zhao Ye
Partner at Jingtian & Gongcheng Law Firm
Lawyer Zhao Ye explained the history and legal basis of Anti-suit Injunctions in China, analyzing policy considerations with typical cases.
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.