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Where Intellectual Property and International Trade Collide:
Panel Discussion Series

 

Panel III: A Dragon Too Big to Tame? - United States/Chinese Trade Disputes over Intellectual Property Rights
Wednesday, February 28, 2001; 4:00 pm - 6:00 pm


Introduction

The volume of trade between the United States and China has grown significantly over the last decade. However, along with this recent growth of trade has come increasing friction in trade matters between the two countries. One of the biggest areas of trade confrontation between the United States and China has been intellectual property. With China poised to become a member of the World Trade Organization in the near future, confrontation over intellectual property between the United States and China may continue to occur and even worsen.

This event first reviewed the tumultuous US-Sino intellectual property trade history, giving special focus to the use of Special 301 and the various bilateral agreements concluded after each major confrontation. Following this, the discussion focused on present considerations concerning intellectual property protections in China. Lastly, the question was asked - will China's accession to the World Trade Organization yield positive results in terms of United States intellectual property interests


Speakers

Mark Cohen
Principle Editor, Chinese Intellectual Property Law and Practice

Mr. Cohen is a Washington, D.C. attorney with over 15 years experience in Chinese legal matters. He is the principal editor of Chinese Intellectual Property Law and Practice (Kluwer Law International, 1999), and currently maintains a comprehensive multilingual list of Chinese IP websites.

Mr. Cohen has lectured on Chinese law at numerous Chinese, European and US faculties. He has represented clients or appeared as an expert before Congress, USTR, various U.S. courts, the U.S. International Trade Commission, Bureau of Export Administration, and other organizations on Chinese intellectual property and trade issues. He has represented many high tech businesses, inventors, artists and non-profit organizations in their business dealings with China. He has his own firm, Cohen & Associates, PLLC, and is also "Of Counsel" to Moore & Bruce, LLP in Washington, DC.

Mr. Cohen is a graduate of Columbia University Law School and its Center for Chinese Legal Studies (1984). He holds am M.A. and B.A. in Chinese Literature and Chinese Studies, and was formerly a visiting lecturer at the University of International Business and Economics in Beijing (1987), as well as a visiting student at Nanyang University, Republic of Singapore (1976).


Michael Schlesinger
Counsel, International Intellectual Property Alliance (IIPA)

Mr. Schlesinger monitors copyright law and enforcement developments worldwide, focusing on activities and issues in East Asia, the Middle East and Africa.

Before representing the Alliance, Mr. Schlesinger studied copyright law with Professor Jane Ginsburg at Columbia University. Presently, he is an associate with the Washington, D.C. law firm of Smith & Metalitz, L.L.P., specializing in global and domestic copyright, trademark and trade law and policy advocacy.

Mr. Schlesinger's publications include: "A Sleeping Giant Awakens: the Development of Intellectual Property Law in China" (Journal of Chinese Law, Spring 1995), "Intellectual Property Law in China" (East Asian Executive Reports, 1997), "Enforcement of Copyright in the People's Republic of China in the Post-Deng Era" (Japan Information Access Project, 1997), and "Crimes of Copyright Infringement Explained: the Prospect for Strong Judicial Enforcement Against Copyright Infringement" (Kluwer Law Books, October, 1999).

Mr. Schlesinger received his B.A. with a double major in History and Music from Oberlin College (1989). He holds a J.D. from the Columbia University School of Law, with Honors (1996).


Ann Weeks
Manager of Business Advisory Services (BAS), Washington, DC Office, US-China Business Council's

In her four years with the Council, Ms. Weeks also served as assistant editor for The China Business Review and as an associate for BAS.

Prior to joining the Council, Ms. Weeks had primary responsibility for China-related client accounts at Yen Enterprises, Inc, a Cleveland, Ohio trade management and consulting firm. She also tracked US-China trade issues at the US Department of Commerce China desk in 1997 while completing her master's degree. Her analyses of intellectual property, energy, and trade issues have appeared in The China Business Review, and she is a regular guest speaker on US-China commercial relations at government, private sector, and non-government organization symposia.

Ms. Weeks earned her M.A. of International Affairs from American University, and her B.A. from Baldwin-Wallace College (Berea, OH). She has also studied Chinese at Johns Hopkins School of Advanced International Studies.


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