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Sino-American Intellectual Property Rights
Training Conference for Professionals
Shanghai, People's Republic of China
Oct. 28-30, 2004 Roundtable Discussions
The Sino-American Intellectual Property Training Conference began with an opening ceremony on Oct. 28 with statements by:
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Douglas Spelman, U.S. Counsel General in Shanghai
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Chen, Zhi Xing, Director General, Shanghai Intellectual Property Administration
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Stephen Smith, Conference Chair, American International Education Foundation
Chen, Zhi Xing, Director General, Shanghai Intellectual Property Administration greets attendees.
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:
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Updates on IPR Formulation.
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Technology Transfer in China.
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Judicial System and China’s IPR Enforcement.
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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
Ren, Rongxiang, Deputy Director, Laws & Regulations Department, Shanghai Municipal
Science and Technology Commission
Session Participants:
William Cohen, U.S. Federal Trade Commission
Stephen Smith, Director, American International Education Foundation
Shawn Li, Chair, IP Working Group, R&D-based Pharmaceutical Association
Xu Lan, U.S. Consulate in Shanghai
Gu Yonghua, Director of Planning & Development Department, Shanghai IP Administration
Xing Dongsheng, Director of Trademark Department, Shanghai Administration of Industry & Commerce
Shi Shidong, Deputy Director of Copyright Department, Shanghai Copyright Bureau
Zhang Weimin, Director of Technology Innovation Department, Shanghai Economic Commission
Tang Minhao, Director of Economic Regulation Department, Legal Affairs Office of Shanghai,
Municipal People’s Government
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:
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Legislative changes and integration with the WTO-TRIPS Agreement ¨ National and provincial enforcement trends
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Administrative procedures and problems
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IPR regulatory issues, such as exhaustion, compulsory licensing, and licensing policies
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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
Session Participants:
Jon Eichelberger, President, Perkins Coie, Beijing Office.
Andy Sun, Executive Director, Asia Pacific Legal Institute
Adam D. Ross, Economic Section, U.S. Embassy in Beijing
Teresa O’Connor, Director, American International Education Foundation
Zhang, Heidi, Assistant Council, PPG Industries, Inc.
Peng Yinghong, Director, Science & Technology Research Department, Shanghai Jiaotong University
Li Yaoting, Director General, Shanghai Intellectual Property Service Center
Zhou Huan, Vice General Manager, Shanghai Silicon Intellectual Property Exchange
Lu Chenbiao, Director General, Shanghai High-tech Transferring Service Center
Zhang Dawei, Doctor, Shanghai Academy of Science & Technology
Yu Yangyao, Deputy Director of the Technology Transferring Center, Shanghai East China University of
Science and Technology
Qian, Yong Ming, Shanghai People's Congress
Shan, Xiao Guang, President, Shanghai Tong Ji University IP Institute
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:
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University technology transfer - legal structure; ownership; personnel; training; marketing
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Faculty’s role
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Technology transfer personnel’s role
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Licensee’s role
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Protection of inventions - patent filings; patent budget; patent management
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Licensing - patent law; licensing law
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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
Session Participants:
Adam D. Ross, Economic Section, U.S. Embassy in Beijing
Sharon Mann, Executive Director, Trade Facilitation Office, U.S. Consulate in Shanghai
Teresa O’Connor, Director, American International Education Foundation
Zhang, Heidi, Assistant Council, PPG Industries, Inc.
Lu, Guoqiang, Vice President, Shanghai No. 2 Intermediate People’s Court
Zhu Dan, Assist Director of No.3 Tribunal, Shanghai Higher People’s Court
Chen, Huizhen, Director of No. 5 Tribunal, Shanghai People’s Court, Pu Dong New Area
Chen, David, Ph.D., Professor, Fudan University School of Law; Partner, Allbright Law Offices
Xu, Shenmin, Senior Attorney, Shanghai Hua Cheng Law Firm
Jin, Chang Rong, VP, Shanghai Higher People's Court
Yu, Xiao Bo, VP, Shanghai People's Procuratorate
Tao, Xin Liang, President, Shanghai University IP Institution
Gao, Fu Ping, VP, Shanghai East China Politics and Law University IP Institution
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
Session Participants
Larry Gilbert, Senior Director, Technology Transfer, California Institute of Technology
Keith Maskus, Professor and Chair, Dept. of Economics, University of Colorado at Boulder
William O. Hennessey, Professor of Law and Chair, Intellectual Property Graduate Program, Franklin Pierce Law Center
Arthur Wah, Illinois Institute of Technology
Andy Sun, Executive Director, Asia Pacific Legal Institute
Stephen Smith, Director, American International Education Foundation
Wang Xingfang, Director of Science & Technology Department, Shanghai
Education Commission of Shanghai Municipal People’s Government
Tao Xinliang, Dean of Intellectual Property College, Shanghai University
Zhang Naigen, Director of Intellectual Property Center, Shanghai Fudan University
Gao Fuping, Director of Intellectual Property Center, Shanghai East China Politics
& Law College
Shou Bu, Dean of Intellectual Property College, Shanghai Jiaotong University
Shan Xiaoguang, Dean of Intellectual Property College, Shanghai Tongji University
Hu Huiping, Shanghai University of Traditional Chinese Medicine
Liu, Ping, VP, Shanghai Chinese Medicine University
Yu, Jian Guo, VP, Shanghai East China University of Science and Technology
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
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