AIEF American International Education Foundation

November 2004

CONTENTS

www.aief-usa.org

Sino-American Intellectual Property Rights
Training Conference for Professionals
Shanghai, People's Republic of China
Oct. 28-30, 2004

Event Report

Table of Contents

Event Description & Objectives

Acknowledgements

Implications for 2005

Roundtable Discussions

Training Workshops

Panel Discussion

Media Coverage

Feedback

Conference Presentations

Speaker Biographies

Sponsors

Event Description & Objectives

More than # distinguished government officials, educators, industry leaders and legal experts from the United States and China attended the Sino-American Intellectual Property Training Conference, Oct. 28-30. Employing a multi-level collaborative approach, the three-day workshop was designed to help Shanghai fight its serious counterfeiting and piracy problems, which are having a devastating effect on the global economy.

The workshop launched an ambitious training initiative by AIEF, under the guidance of the International Council on Intellectual Property Rights. Over the next seven years, advanced training will be provided to Shanghai policy makers, administrators, educators, judges, custom officers, business owners and enforcement agents.

In this context, the October 2004 workshop’s objectives were to:

Establish the groundwork for immediate and long-term IPR training priorities in Shanghai.
Strengthen communication between U.S. and Shanghai policy makers and other stakeholders regarding IPR issues in the pharmaceuticals, biotechnology, information technology and entertainment sectors.
Review China’s legal, institutional and regulatory IPR infrastructure to help Shanghai officials address challenges and improvements, and help U.S. and overseas companies better protect assets.
Increase awareness in Shanghai of the negative effects that IPR infringements have on China’s economy, such as reducing international investments, limiting domestic R&D and curbing growth.

Activities included:

Oct. 28: Roundtable discussions between senior Chinese and U.S. officials on four key topics: IPR policy updates; technology transfer; judicial system and IPR enforcement; and academic training needs in Shanghai. These closed-door sessions strengthened communication between key stakeholders, and encouraged candid conversations between both nations.
Oct. 29: Workshops for Chinese students with U.S. experts at Shanghai University and East China University of Politics and Law. Topics: Economic development and IPR enforcement; conflict resolutions and international contracts; TRIPS enforcement; technology transfer and antitrust laws.
Oct. 29: Workshops for U.S. and overseas companies with experts in Chinese law. Topics: IPR asset protection; China’s patent application process; China’s trademark laws; and China’s judicial process and IPR enforcement.
Oct. 30: Panel discussions on IPR issues affecting the entertainment, biotechnology, pharmaceuticals and information technology sectors. Chaired by representatives of the Motion Picture Association of America; Entertainment Software Association; Pharmaceutical Research & Manufacturing Association; R&D-based Pharmaceutical Association; and U.S. Information Technology Office.

A public outreach campaign was conducted to help Shanghai residents better understand how IPR infringements negatively effect China’s economy. A press conference on Oct. 30 attracted more than # media. China Daily, (Name) and (Name) were among those who reported on the event. A complete listing is included later in this report.

Acknowledgements

The following members of the International Council on Intellectual Property Rights have graciously accepted roles in the planning and execution of this Workshop:

Robert Brauneis, Associate Professor of Law
Co-Director of the Intellectual Property Law Program
The George Washington University Law School.
Jacques de Lisle, Professor of Law
Director of Asia Programs at the Foreign Policy Research Institute
Member, Faculty of the Center for East Asian Studies
Member, National Committee on U.S.-China Relations
University of Pennsylvania Law School
James V. Feinerman, Associate Dean
International & Graduate Programs
Director, Asian Law and Policy Studies
Georgetown University Law Center
Harold J. Krent, Dean & Professor
Chicago-Kent College of Law
Illinois Institute of Technology
Keith Maskus, Professor & Chair
Department of Economics
University of Colorado at Boulder
Richmond Wolf, Director
Office of Technology Transfer
California Institute of Technology

A number of U.S. university professors and legal experts were invited by AIEF to host roundtable discussion, give IPR classes and participate in panel discussions.

Implications for 2005

Based on the success of this IPR workshop, several key focus areas were established for the Shanghai initiative in 2005. Below are a few highlights:

Organize spring conference with the Shanghai IP Administration, which builds upon October effort. Focus conference on pressing IPR needs in the information technology, entertainment, pharmaceutical, biotechnology and manufacturing sectors. Closely work with leading industry groups and companies on establishing key training needs and priorities.
Continue to coordinate with government and businesses on providing IPR training and internships in the United States and China.
Work with judicial officials in the United States and China to arrange onsite observation of IP court cases.
Conduct intensive English language courses on IPR-related legal vocabulary for Shanghai officials, ______________ and _______________.

Roundtable Discussions

The Sino-American Intellectual Property Training Conference began with an opening ceremony on Oct. 28 with statements by:

Douglas Spelman, U.S. Counsel General in Shanghai
Chen, Zhi Xing, Director General, Shanghai Intellectual Property Administration
Stephen Smith, Conference Chair, American International Education Foundation

The remainder of the day featured closed sessions (round table discussions) between Chinese and U.S. representatives from organizations such as the U.S. Federal Trade Commission, American Chamber of Commerce in China, Asia Pacific Legal Institute, and International Council on Intellectual Property Rights.

Discussions focused on these topics:

Updates on IPR Formulation.
Technology Transfer in China.
Judicial System and China’s IPR Enforcement.
Academic Training Needs in Shanghai.

Session 1 - Updates on IPR Formulation

Session Chairs:
Sharon Mann, Senior Director, Trade Facilitation Office, U.S. Embassy in Beijing
William O. Hennessey, Law Professor and Chair, IP Graduate Program, Franklin Pierce Law Center
Chen, Zhixing, Director, Shanghai Intellectual Property Administration (double-check this)
Ren, Rongxiang, Deputy Director, Laws & Regulations Department, Shanghai Municipal
Science and Technology Commission

Event Summary:

This session reviewed how China’s latest development in intellectual property rights policies, laws and regulations are impacting areas such as patents, trademarks, and copyrights. Practical training to develop professional expertise in China IPR policy and administration was also addressed. Key topics:

Legislative changes and integration with the WTO-TRIPS Agreement ¨ National and provincial enforcement trends
Administrative procedures and problems
IPR regulatory issues, such as exhaustion, compulsory licensing, and licensing policies
Technology transfer regulation and IPR

Session 2 – Technology Transfer in China

Session Chairs:
Larry Gilbert, Senior Director, Technology Transfer, California Institute of Technology
Cao Zhaomin, Deputy Director, Science & Technology Division, Shanghai Tongji University

Event Summary:

This session reviewed technology transfer in China, as it relates to international trade, technological cooperation, and other areas. Also considered was practical training needed to develop Shanghai’s professional expertise in technology transfer.

Key topics:

University technology transfer - legal structure; ownership; personnel; training; marketing
Faculty’s role
Technology transfer personnel’s role
Licensee’s role
Protection of inventions - patent filings; patent budget; patent management
Licensing - patent law; licensing law
Art of negotiation

Session 3 – Judicial System and IPR Enforcement in China

Session Chairs:
Jacques de Lisle, Law Professor, University of Pennsylvania Law School
Chen, Xudong, Director, Laws & Regulations Division, Shanghai Customs Office

Event Summary:

This session examined China’s IPR protection and enforcement systems. It also considered U.S. businesses’ expectations for IPR protection. The group looked at the roles of civil chambers and specialized IP chambers in China’s courts, administrative and criminal chambers of Chinese courts, and the roles of the Supreme People’s Court (SPC) in cases involving IP issues, jurisdictional rules and limitations, and inter-jurisdictional cooperation. Also discussed was the local responsiveness to central laws and directives concerning IPR protection and enforcement.

Session 4 – Academic Training Needs in Shanghai

Session Chairs:
Harold J. Krent, Dean & Professor, Chicago-Kent College of Law, Illinois Institute of Technology
Zhang, Naigen, Commissioner, Legal Education Commission, Shanghai Fudan University of Ministry of Education

Event Summary:
This session analyzed the most effective ways to provide IPR training in Shanghai. The group first identified target audiences, and then determined the information and skills required by these targets. They also reviewed the most effective methods for imparting this knowledge.
I. Target Audiences – including lawyers, business leaders, law enforcement-prosecutors, custom officials, students, judges (district, intermediate, special department), patent agents, and other government officials, including IP bureau, industrial & commercial bureau
II. Training Substance – such as information (statutes, treaties e.g., TRIPS, international law) and skills (patent litigation, licensing, mediation)

III. Delivery Formats – including scholarships for overseas degree and training programs, joint US-China degrees, distance learning, innovation fairs and writing contests, conferences and internships

Training Workshops

Educational programs with U.S. legal experts were provided for hundreds of Chinese students at two notable Shanghai universities. Representatives from U.S. and overseas companies were instructed on China’s current patent and copyright system with a full day educational program at Hotel Equatorial Shanghai. Topics:

Workshop Session A – For Chinese Audience – Shanghai University, Baosan Campus

Session 1 - Economic Development and IPR Enforcement
Instructors:
Keith Maskus, Professor and Chair, Department of Economics, University of Colorado at Boulder
William O. Hennessey, Professor of Law and Chair, IP Graduate Program, Franklin Pierce Law Center

Event Summary:
See Presentation section for more details.

Session 2 – IPR Conflict Resolutions and International Contracts
Instructors:
Harold J. Krent, Dean & Professor, Chicago-Kent College of Law, Illinois Institute of Technology
Andy Sun, Executive Director, Asia Pacific Legal Institute

Event Summary:
See Presentation section for more details.

Workshop Session B – For Chinese Audience – East China Institute of Law & Politics

Session 1 – Enforcement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) in U.S.
Instructors:
The Honorable Bruce Lehman, Chairman, International Intellectual Property Institute
Jacques de Lisle, Professor of Law, University of Pennsylvania Law School

Event Summary:
See Presentation section for more details.

Session 2 – Technology Dissemination & Antitrust Laws
Instructors:
William Cohen, Assistant General Counsel for Policy Studies, U.S. Federal Trade Commission
Larry Gilbert, Senior Director, Technology Transfer, California Institute of Technology

Event Summary:
See Presentation section for more details.

Workshop Session C – For U.S. and Overseas Companies – Hotel Equatorial Shanghai

Session 1 – Protecting Your Company’s IP Assets in China
Instructors:
William D Fisher, Lovells (Shanghai)
Jonathan Heimer, Director of Commercial Center U.S. Consulate in Shanghai

Event Summary:
See Presentation section for more details.

Session 2 – China’s Current Patent Application Process
Instructor:
Wang, Qilin, President, Shanghai IPR Association

Event Summary:
See Presentation section for more details.

Session 3 – China’s Current Trademark Laws
Instructor:
Xing, Dongsheng, Director, Shanghai City Trademark Registration Department

Event Summary:
See Presentation section for more details.

Session 4 – China’s Judicial Process and IPR Enforcement
Instructor:
Horace Lam, Lovells (Shanghai)

Event Summary:
See Presentation section for more details.

Panel Discussions

Key IPR issues affecting the pharmaceutical, biotechnology, entertainment and information technology sectors were examined in three panel discussions on Oct. 30. Session chairs represented the Pharmaceutical Research and Manufacturers Association; R&D-based Pharmaceutical Association; U.S. Information Technology Office; Motion Picture Association; and Entertainment Software Association.

Session 1 – Pharmaceuticals and Biotechnology
Session Chairs:
Cheryl Xu, Sr. Director, Economic Policy, R&D-based Pharmaceutical Association in China; Chinese Representative, Pharmaceutical Research and Manufacturers of America
Shawn Li, Chair, Intellectual Property Working Group, R&D-based Pharmaceutical Association; Senior Counsel, Johnson & Johnson Law Department (Shanghai)
Xu Guotong, Professor, Health Science Center, Shanghai Institutes for Biological Sciences

Panelists:
Need updated list of U.S. participants

Event Summary:
See Presentation section for more details.

Panel Discussions, Cont.

Session 2 – Information Technology
Session Chairs:
Anne Stevenson-Yang, Managing Director, U.S. Information Technology Office
Zhang, Yijun, Vice General Engineer, Shanghai SVA Group Company
Zhao, Jianzhong, Vice Secretary General, Shanghai Integrated Circuits Association

Session Speakers:
Aaron Hu, Legal Department, eBay Eachnet Network Information Services
Pryor Garnett, Assistant General Counsel, IBM World Trade Asia Corporation
John Sullivan, Senior Regional Counsel-Asia Law Department, Texas Instruments (Shanghai) Co., Ltd.
Haitao Wu, Legal Department, Microsoft China
David Chen, Ph.D., Professor, Fudan University School of Law; Partner, Allbright Law Offices

Event Summary:
See Presentation section for more details.

Session 3 – Entertainment
Session Chairs:
Sam Ho, Director of Operations Greater China, Motion Picture Association of America
Douglas Clark, Entertainment Software Association; Partner, Lovells (Shanghai)
Wu Youzhang, Director, Copyright Administration Division, Shanghai Copyright Bureau
Ming Haoxia, Secretary General, Shanghai Multimedia Industry Association

Session Speakers:
Molly Kellogg, Vice President, Warner Home Video
Rodney Tsui, IFPI Asia Pacific
Mark Cohen, United States Patent & Trademark Office
Michael Fong, Vivendi
Mr. Zhu Yongde, Chairman, China Film Producers Association
Mr. Yuan Wenqiang, Deputy General Manager, China Film Import & Export

Event Summary:
See Presentation section for more details.

Media Coverage

A key goal of the workshop was to raise awareness in Shanghai of the negative economic effect of IPR infringements on China’s economy – and the importance of international cooperation on IPR matters.

Speaking to reporters (from left to right) are Patrick Fong, AIEF Executive Director; Xing Dongsheng, Trademark Supervision Director, Shanghai Industry & Commerce Administration; and Chen, Zhixing, Director, Shanghai IPR Administration

Approximately 20 newspaper, magazine, radio and TV outlets attended a press conference after the training conference. This resulted in news stories in such media outlets as:

Economic Daily
Shanghai Science and Technology
Oriental Morning Post Finance Center
News Times
China Business News
Youth Post
Oriental Morning Post
The Bund
China Daily
Shanghai Morning Post
Xinmin Evening News
Shanghai Evening Post
Shanghai Television Station
Shanghai Oriental Television
Shanghai Broadcast Television
Dragon TV

Feedback

Below are responses from some participants:

”Thank you for the opportunity to participate in the conference. Please feel free to continue to call on me and my colleagues at the US Embassy in Beijing and at the Consulate in Shanghai as you develop further programming under your seven-year IPR initiative with the city of Shanghai”
Adam D. Ross, Economic Section, U.S. Embassy Beijing

”The Shanghai Conference is a very successful event despite the tight schedules. It is very encouraging that the interactive responses from the floor and the panelists are much more than expectation. It is very seldom in China and this demonstrates the tremendous efforts of the careful planning by the organizers, right topic of the session, good selection of the panelists and speakers, good quality of the attendants and their willingness to learn and speak.

I am delighted to provide assistance and/or participation to the training/symposium/conference organized by your esteemed organization in China in the future.”
Sam Ho, Director of Operations, Greater China, Motion Picture Association - International

“I enjoyed the opportunity to work with you and AIEF. I look forward to our next cooperation.”
Horace Lam, Lovells Beijing

Conference Presentations

later

Speaker Biographies

later