20th U.S.-China Legal Exchange

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February 29, 2016

9:00 am – 5:15 pm
Stanford University
Bechtel Conference Center at Encina Hall
616 Serra Street
Stanford, CA 94305

Bechtel Conference Center Parking and Location Map

This event is at capacity, please email tech@law.stanford.edu to be put on a wait list.

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About the U.S. – China Legal Exchange Conference

On February 29, 2016, Stanford Law School’s Program in Law, Science and Technology will host the U.S. Department of Commerce and China’s Ministry of Commerce (MOFCOM), Senior Chinese government officials, including officials from the Ministry of Commerce (MOFCOM), will present to public audiences at Stanford Law School on Intellectual Property Rights (IPR) in China:

  • New Development in Intellectual Property Rights in China
    · Patent and Copyright Law
    · Judicial Reform & IP Courts
  • E-commerce and IPR
    · Cross-Border Enforcement of IPR in the Internet Environment (Extraterritoriality Issues)

Join us for the presentations and panel discussions on cutting-edge issues in IP litigation in China. U.S. company representatives, lawyers, academics, local and state government officials, students, and other interested persons are invited. The audience will have direct access to insights of top Chinese government officials and have opportunities to ask questions.

Assistant Minister of Commerce Tong Daochi will lead the Chinese delegation. The Commerce Department’s General Counsel Kelly R. Welsh will lead on the U.S. side.

History of the Legal Exchange

Under the U.S.-China Joint Commission on Commerce and Trade (JCCT) Commercial Law Working Group, the U.S. Department of Commerce, Office of General Counsel leads engagement with China’s Ministry of Commerce (MOFCOM) to promote understanding and cooperation on issues related to commercial rule of law.

Since the mid-1980’s, the Commerce General Counsel and China’s Vice Minister of Commerce have co-led the U.S.-China Legal Exchange, a public exchange on recent developments in commercial law. This meeting has taken place almost every year since then and continues to be an important means to build bilateral understanding of legal topics relevant to business in each country.

Join us for the presentations and panel discussions on cutting-edge issues in IP litigation in China. U.S. company representatives, lawyers, academics, local and state government officials, students, and other interested persons are invited. The audience will have direct access to insights of top Chinese government officials and have opportunities to ask questions.

Assistant Minister of Commerce Tong Daochi will lead the Chinese delegation. The Commerce Department’s General Counsel Kelly R. Welsh will lead on the U.S. side.

History of the Legal Exchange

Under the U.S.-China Joint Commission on Commerce and Trade (JCCT) Commercial Law Working Group, the U.S. Department of Commerce, Office of General Counsel leads engagement with China’s Ministry of Commerce (MOFCOM) to promote understanding and cooperation on issues related to commercial rule of law.

Since the mid-1980’s, the Commerce General Counsel and China’s Vice Minister of Commerce have co-led the U.S.-China Legal Exchange, a public exchange on recent developments in commercial law. This meeting has taken place almost every year since then and continues to be an important means to build bilateral understanding of legal topics relevant to business in each country.

Draft Agenda updated on 2.19 (click here to download) 

9:00 – 9:15 am Introduction and Welcoming Remarks

  • Lisa Larrimore Ouellette, Assistant Professor of Law, Stanford Law School
  • Kelly R. Welsh, General Counsel, U.S. Department of Commerce
  • Tong Daochi, Assistant Minister of Commerce, P.R.C.

PART ONE: NEW DEVELOPMENT OF INTELLECTUAL PROPERTY RIGHTS IN CHINA

9:15 —9:55 Overview: New Developments in Chinese IPR Law

  • Jin Wuwei, Deputy Director General, Dept. of Education, Science, Culture and Public Health, State Council Legislative Affairs Office

9:55—10:35 U.S. Response to the Overview

  • Phil Malone, Professor and Director, Juelsgaard Intellectual Property and Innovation Clinic, Stanford Law School
  • Mark Cohen, Senior Counsel, U.S. Patent & Trademark Office
  • John A. Scott, Vice President and Legal Counsel, Qualcomm

10:35—10:45 Q&A

10:45— 11:00 Coffee/Tea Break

11:00— 12:00 Panel: Judicial Reform, Including Establishment of Specialized IP Courts and Use of Case Law as Precedent; Judicial Explanation on Patent Law

  • Wang Chuang, Deputy Chief Judge, IPR Tribunal, Supreme People’s Court of China
  • Lisa Larrimore Ouellette, Assistant Professor of Law, Stanford Law School
  • Mei Gechlik, Founder and Director, China Guiding Cases Project, Stanford Law School
  • James McManis, Partner, McManis Faulkner

12:00— 12:30 Q&A

12:30— 2:00 Lunch

PART TWO: ENFORCEMENT OF INTELLECTUAL PROPERTY & E-COMMERCE

2:00— 2:40 Overview: Growth of E-Commerce and Challenge of IPR Protection

  • Chen Fuli, Deputy Director General, Department of Treaty & Law, P.R.C. Ministry of Commerce

2:40— 3:20 U.S. Response to the Overview

  • Yabo Lin, Partner, Sidley Austin
  • Jiarui Liu, Assistant Professor, University of San Francisco School of Law and Fellow, Stanford Center for Internet and Society

3:20— 3:30 Q&A

3:30— 3:45 Coffee/ Tea Break

3:45— 4:45 Panel: Cross-border Enforcement of IPR in the Internet Environment (Extraterritoriality Issues)

  • Zhang Peng, Deputy Director, IPR Division, Dept. of Economic Crime Investigation, P.R.C. Ministry of Public Security
  • Emilio Varanini, Deputy Attorney General, Antitrust Section, California Office of the Attorney General
  • The Honorable Ronald Lew, United States District Judge, Central District of California (invited)

4:45—5:00 Q&A

5:00— 5:15 Closing Remarks

  • Kelly R. Welsh, General Counsel, U.S. Department of Commerce
  • Tong Daochi, Assistant Minister of Commerce, P.R.C.

Details

Date:
February 29, 2016

Venue

Room offsite