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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