CHINESE THREE DIMENSIONAL SEPS: RECENT CASES,  THE WTO, AND TRANSPARENCY
China IPR
by Mark Cohen (柯恒)
3w ago
Three major court decisions involving SEPS, patents and foreign companies have been recently decided in China. In addition, the EU has recently released two of its submissions to the WTO regarding its dispute with China on antisuit injunctions. Nokia has also announced a global settlement with Oppo. What does the future hold for SEP litigation in China and the WTO dispute ..read more
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Australia, US, and EU Submissions at the WTO on China and Anti-Suit Injunctions
China IPR
by Mark Cohen (柯恒)
1M ago
By assembling the briefs submitted by the EU, Australia and the United States in the WTO case DS611, a stark difference in approach emerges between the United States and the EU/Australia. It appears that the United States is allying itself more closely with China, perhaps with a goal of limiting WTO jurisdiction in certain areas. At the same time, however, the United States appears to be retreating on its long-held commitments to increasing transparency in China's judicial and legal system ..read more
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Oppo v. Nokia in Context
China IPR
by Mark Cohen (柯恒)
2M ago
The recent decision in Oppo v Nokia Oppo v. Nokia (2022渝01民初1232号 presents some troubling issues concerning global rate setting, the role of the WTO and China's interpretation of FRAND ..read more
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White & Case 18th Annual Taiwan Roundtable
China IPR
by Mark Cohen (柯恒)
5M ago
I will speak at the 18th Annual White & Case Taiwan Roundtable next Friday, Sept 22 in Taipei. The toipcs that I will discuss include: the developing relationship between sanctions and intellectual ..read more
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STA On A Six-Months Extension
China IPR
by Mark Cohen (柯恒)
6M ago
The Biden Administration made the right choice by extending the US-China Science and Technology Agreement and committing to amend and strengthen its term ..read more
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Renewing the US-China STA is Not the Question
China IPR
by Mark Cohen (柯恒)
6M ago
On August 7, 2023, the Berkeley Center for Law and Technology hosted a three-hour webinar on renewing the US-China Science and Technology Agreement (STA).  The agenda and other materials are available here.  ..read more
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Upcoming BCLT Program on Science and Technology Collaboration with China
China IPR
by Mark Cohen (柯恒)
7M ago
On August 7 at 9 AM (Pacific), BCLT will host a discussion on the current controversy over renewing the US-China Science and Technology Cooperation Agreement.  Our keynote speaker will be Prof. John ..read more
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SAMR’s “Choreography” of  SEP AML Rulemaking
China IPR
by Mark Cohen (柯恒)
7M ago
How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China's commitments to rule of law and the challenges faced by high tech companies - whether implementer or licensor in China ..read more
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Transparency in the Chinese Courts on IP: My new article on “The Case of the Missing Cases”
China IPR
by Mark Cohen (柯恒)
7M ago
China's judicial database is a valuable tool to understanding China's legal regime for intellectual property. However, a significant cohort of cases are unpublished. This article written by me and published by the Hinrich Foundation, discusses how to use this and other databases effectively, while at the same time recognizing that there may be limits to their overall comprehensiveness ..read more
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Update on Events and Recordings
China IPR
by Mark Cohen (柯恒)
8M ago
Upcoming events: On July 13 at 9:30 AM, the Asia Society of Northern California is sponsoring a discussion with a group of international journalists on   Briefing on US-China Technologic Competition and Its Global ..read more
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