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Congressional-Executive Commission on China



Intellectual Property Protection as Economic Policy: Will China Ever Enforce its IP Laws?


Monday, May 16, from 2:00 ¨C 3:30 PM

Dirksen Senate Office Building, Room 192


The Congressional-Executive Commission on China held another in its series of staff-led Issues Roundtables, entitled "Intellectual Property Protection as Economic Policy: Will China Ever Enforce its IP Laws?" on Monday, May 16, from 2:00 p.m. - 3:30 p.m. in Room 192 of the Dirksen Senate Office Building.

All CECC hearings and Issues Roundtables are open to the public and the press. Members of the public who wish to attend do not need to respond to this message or otherwise register. News media representatives should see the final paragraph of this announcement.

Intellectual Property (IP) industries, which rely on IP protection for their revenues, significantly contribute to the U.S. economy and represent a growing portion of U.S. GDP. This sector includes not only the copyright industries such as motion pictures, musical recording, and book publishing, but also industries that rely on the value of their trademarked brands. It also includes patent industries such as the pharmaceutical industry and many manufacturing businesses.

The health of U.S. IP industries as well as the development of IP industries in China may depend on whether China continues its role as the largest producer of pirated products in the world or joins the ranks of nations protecting IP. This Roundtable examined the current crisis resulting from the lack of IP enforcement in China. Looking beyond the simple question of how much piracy and counterfeiting occur, we hoped to examine the policies that have created the current problems and assess whether they are likely to continue in the future. The witnesses explained the scope of the problem, analyzed its source, and assessed which strategies will advance IP protection in China.

The panelists:

Daniel C.K. Chow, Robert J. Nordstrom Designated Professor of Law, Ohio State University Michael E. Mortiz College of Law.

Mr. Chow specializes in international trade law, international business transactions, international intellectual property, and legal issues concerning China. He is the author of numerous books and articles, including two casebooks: "International Business Transactions: Problems, Cases, and Materials" (Aspen 2005) and "International Intellectual Property: Problems, Cases, and Materials" (West 2006). He is also the author of the popular book "The Legal System of the People's Republic in a Nutshell" (West 2003) and "Foreign Investment and Protection of Intellectual Property in China" (Kluwer 2002). From 1997-1999, Mr. Chow lived and worked in China for Procter & Gamble. Mr. Chow was in charge of protecting the company's intellectual property rights and spent a great deal of time out in the field enforcing the company's rights. Mr. Chow is fluent in Mandarin Chinese and reads and writes Chinese at a high level. He received his B.A. from Yale College and his J.D. from Yale Law School.

Eric H. Smith, President, International Intellectual Property Alliance.

IIPA is a private sector coalition of six U.S. trade associations which represents over 1,300 companies producing and distributing materials protected by copyright laws throughout the world. Mr. Smith serves as Chairman of the ITAC-15, the Executive Branch¡¯s trade advisory committee on intellectual property rights, and regularly advises the U.S. government on negotiating strategy in the trade/intellectual property rights arena. He was formerly Chairman of the IFAC-3, the predecessor to ITAC-15, as well as a member of IFAC-4, which formally advised the U.S. Government on e-commerce issues. He is a former trustee of the Copyright Society of the U.S.A., and former Chairman of the D.C. Bar's Committee on Copyright. Mr. Smith has written several articles on communications and international copyright and has lectured worldwide on many subjects related to domestic and international copyright, U.S. trade policy and intellectual property and the new technologies. A native of California, Mr. Smith holds a J.D. degree from the University of California at Berkeley (Boalt Hall, 1967) and received his B.A. degree with honors from Stanford University (1964).

James M. Zimmerman, Partner and Chief Representative, Beijing office, Squire, Sanders & Dempsey LLP.

Mr. Zimmerman concentrates his practice on foreign investment matters in China and represents multinational clients in a broad range of industries with respect to their joint venture investments, manufacturing investments, liquidation and dissolution of investments, mergers and acquisitions activities, regulatory compliance, customs and trade matters, and dispute resolution. Mr. Zimmerman is the author of several books, chapters and articles concerning China law, customs regulations, and trade policy related issues, including the "China Law Deskbook" (1st ed., 1999; 2nd ed., 2005), which is a publication of the American Bar Association. He is a governor and vice chair of the Board of Governors of the American Chamber of Commerce in China and chair of the Legal Committee for the American Chamber of Commerce in China. Mr. Zimmerman is also chair emeritus of the China Law Committee for the American Bar Association¡¯s International Section. Mr. Zimmerman is on the Panel of Mediators for the U.S.-China Business Mediation Center (jointly operated by CPR Institute of Dispute Resolution and the China Council for the Promotion of International Trade). He is also on the panel of arbitrators for the International Court of Arbitration of the International Chamber of Commerce (ICC) and has served as an arbitrator in ICC cases.


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Intellectual Property Protection as Economic Policy: Will China Ever Enforce its IP Laws? (Text / PDF)



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