On April 14, 2016, Global Sector Board Liaisons Patrick Coyne and Thomas Moga, engaged in two lively roundtable discussions at the USPTO/GW Law China IP Conference, a public discussion with Chinese Officials and Judges on the Direction of IP Enforcement in China and US. This program took place at the Global Intellectual Property Academy, and was co-moderated by USPTO’s Mark Cohen, GW Law Dean of IP Law John Whealan, and AIPLA’s Deputy Executive Director for Regulatory Affairs Chen Wang. The panelists included corporate in-house counsel of multinationals as well Chinese companies doing business in US and seasoned private practitioners, former Chief Judge Randall Rader and former USPTO Director David Kappos, as well as a delegation of Chinese judges visiting the US from the Supreme People’s Court, each of the IP Tribunals (in Beijing, Shanghai, and Guangzhou), and officials from MOFCOM, Committee of Political and Legislative Affairs, National People’s Congress (NPC) Law Committee, National Leading Group* (NLG), and Supreme People’s Procuratorate (SPP).
The first round table focused on US and Chinese companies operating in China and the second round table focused on Chinese companies operating in the US. The general theme of the discussion was China’s transition to an innovation economy, and its legal reforms to incentive innovation. With respect to IP in China, the panelists discussed their views on, for example, the strategic use of Utility Model Patents for certain technology sectors, the role of administrative and judicial routes for IP enforcement, and the data supplementation issue during the prosecution of pharmaceutical patent applications. With respect to Chinese companies in the US, all agreed that Chinese companies are more engaged in utilizing the IP system in the US, as Chinese entities invest in research and development, acquire assets, and conduct business in the US. The conference concluded with closing remarks by Chen Wang, who encouraged continued open discussion to exchange ideas and foster understanding and continued development of both US and China IP systems.