China's Emerging Intellectual Property Edge: Challenges & Opportunities

Hosted by the Duke Asian Pacific Studies Institute. Co-hosted by the Center on Science & Technology Policy, and the Center for Innovation Policy at Duke Law.

Over the last several years, China’s authorities have taken major steps to improve the Chinese intellectual property (IP) regime. Every major IP law has been amended, new specialized IP courts have been established, IP-related international agreements have been signed, and China’s IP offices and litigation dockets have grown astronomically. A number of academic studies show that foreigners generally show that foreigners do well in China’s emerging IP environment, including winning lawsuits and obtaining meaningful injunctive relief. At the same time, the United States continues to accuse China of massive IP theft that has cost our economy 100’s of billions of dollars.

Mark Cohen will seek to answer why, if China has indeed improved its regime, do we continue to complain about it? He also will review the degree to which US pressure has affected Chinese IP practices as well as what we can expect from the new Biden administration.

The speaker, Mark Cohen, is a Distinguished Senior Research Fellow and Lecturer in Law at the University of California Berkeley School of Law. He was formerly the first representative of the US Patent and Trademark Office in China and a Senior Advisor to the Under Secretary for Intellectual Property at the US Department of Commerce. He previously held a number of positions in private practice and academia, including Director for International Intellectual Property at Microsoft, and General Counsel of a mid-sized generic pharmaceutical company.

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