Oregon Review of International Law Symposia

The Oregon Review of International Law
and the
University of Oregon Confucius Institute
proudly present the

Fifth Annual Symposium:

China's Role in Regulating
the Global Information Economy

Friday, April 8, 2011,
9:00 am - 5:00 pm
University of Oregon School of Law, Room 175

Free general admission includes lunch • $60 to apply for Oregon CLE credits


With the world's second largest economy, the largest base of internet and mobile phone users, a leading position as an exporter of information technology products, and a population that consumes mass quantities of domestic and global media and entertainment products, China's regulation of knowledge and information--through intellectual property laws and information technology regulations--has effects far beyond its borders. Scholarship often focuses on the domestic effects of China's IP and IT regulation and enforcement. This symposium seeks to stimulate a dialog about the extraterritorial effects that a rising China's IP and IT regulations are bound to have in an increasingly global information economy, and the international implications of China's innovation policies and standards.


Schedule:

9:00 - 9:10am Welcoming Remarks
9:10 - 9:45am Opening Keynote Address
9:45 - 11:00am Panel I: Regulating China's Information Infrastructure-International Lessons
11:00 - 11:15am Break
11:15 - 12:30pm Panel II: China's Innovation Policy
12:30 - 1:45pm Lunch and Presentation
1:45 - 3:15pm Panel III: New Perspectives on the Role and Enforcement of Intellectual Property Law in China
3:15 - 3:30pm Break
3:30 - 5:00pm Panel IV: China's Patent Law in a Global Economy
5:00pm Symposium Adjourns
    • Introduction and Opening Keynote

    • Eric Priest
      Assistant Professor, University of Oregon School of Law
    • Peter Yu
      Kern Family Chair in Intellectual Property Law, Drake Law School

      The Middle Kingdom and the Intellectual Property World
    • Panel I - Regulating China's Information Infrastructure-International Lessons

    • Thomas Hart
      Senior Advisor at China Academy of Telecommunication Research and Visiting Professor at China Southwest University for Finance and Economics

      Is Chinese Telecommunications Industrial Policy a Role Model for Other Transitioning Economies?
    • Rob Faris
      Director of Research, Berkman Center for Internet & Society

      The Chinese Model for Internet Content Regulation: The Future of International Internet Content Regulation?
    • • • •

      [Moderated by Kyu Ho Youm, Professor & Jonathan Marshall First Amendment Chair, University of Oregon School of Journalism]
    • Panel II: China's Innovation Policy

    • Richard P. Suttmeier
      Professor of Political Science, University of Oregon

      Technological Aspirations in China's Twelfth Five-Year Plan
    • Denis Simon
      Vice Provost for International Affairs, University of Oregon

      China's Innovation Thrust and Its Global Implications
    • • • •

      [Moderated by Peter Yu, Kern Family Chair in Intellectual Property Law, Drake Law School]
    • Lunch and Presentation

    • The Honorable Sharon R. Barner
      Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (2009-2011)

      China's Intellectual Property Regulations: Transformative Leadership or Trojan Horse?
    • Panel III: New Perspectives on the Role and Enforcement of Intellectual Property Law in China

    • Haochen Sun
      Assistant Professor of Law, Hong Kong University

      Can Louis Vuitton Dance with HiPhone? Rethinking the Idea of Social Justice in Intellectual Property Law
    • Jiarui Liu
      Olin Fellow in Law and Economics and J.S.D. Candidate, Stanford Law School

      ISP Copyright Liabilities and Safe Harbors in China
    • Mark Wu
      Assistant Professor, Harvard Law School

      Enforcement Flexibilities in the Wake of the China-IPR Ruling
    • • • •

      [Moderated by Eric Priest, Assistant Professor, University of Oregon School of Law]
    • Panel IV: China's Patent Law in a Global Economy

    • Mark Cohen
      Director of International Intellectual Property, Microsoft Corporation

      Patent Trends, Patent Quality and Patent Litigation: Will China Become a Patent Powerhouse or a Litigation Mecca?
    • Yahong Li
      Associate Professor of Law, Hong Kong University

      IP and Innovation: Case Studies of Industries in China
    • Dong Zhang
      Professor of Law, Harbin Engineering University

      Observations from a TRIPS Perspective: Do We Need a Traditional Medicine Exemption For Patent Standards?
    • • • •

      [Moderated by Denis Simon, Vice Provost for International Affairs, University of Oregon]
  • A Reception for Presenters and Attendees will Follow the Symposium at
    the Jordan Schnitzer Museum of Art

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Panelist Biographies

Peter Yu, Keynote Speaker - Kern Family Chair in Intellectual Property Law, Drake Law School

Professor Yu is the founding director of the Intellectual Property Law Center at Drake University Law School. He is also a Wenlan Scholar Chair Professor at Zhongnan University of Economics and Law in Wuhan, China. Before joining Drake University, he founded the nationally-renowned Intellectual Property & Communications Law Program at Michigan State University, at which he held faculty appointments in law, communication arts and sciences, and Asian studies. Born and raised in Hong Kong, Prof. Yu is a leading expert in international intellectual property and communications law. He is the author or editor of four books and more than 70 law review articles and book chapters, and serves as the general editor of The WIPO Journal and the editor of two book series.

The Honorable Sharon R. Barner - Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (2009-2011)

On October 2, 2009, U.S. Commerce Secretary Gary Locke appointed Sharon R. Barner to the post of Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). She served as a leader in IP policy, helped develop and articulate the Obama Administration positions on all patent, trademark and copyright issues, both domestic and foreign, and helped promote strategies to thwart the theft of U.S. IP around the world. She also helped develop and implement policies and initiatives to enhance the agency’s delivery of timely and high-quality patent and trademark examinations, and revamp and improve the patent appeals and reexamination system of the Board of Patent Appeals and Interferences. Prior to assuming her position as Deputy Under Secretary in 2009, Ms. Barner had been chair of Foley’s Intellectual Property Department and a member of the firm’s Management Committee. As the Deputy Under Secretary of Commerce she continued her international focus through leadership in 15 overseas delegations, including eight China missions to Beijing, Shanghai, Dongguan, Guilin, Nanjing, and other cities. Her extensive knowledge in China at Commerce built upon her earlier Foley experience where Ms. Barner played a leading role in the establishment of Foley’s East Asia presence through establishing its first Asian offices, first in Tokyo, Japan and then Shanghai, China. Prior to her appointment, Ms. Barner spent more than 23 years practicing IP law. Most recently, she was a partner with Foley & Lardner LLP in Chicago and chaired the firm’s Intellectual Property Department.

Mark Cohen - Microsoft

Mr. Cohen is a Chinese-speaking Intellectual property and commercial attorney with over 25 years experience in emerging markets. A former US government and US Embassy (Beijing) official and former Fulbright Professor (Republic of Slovenia), Mr. Cohen has extensive experience in management of patent portfolios, IP enforcement campaigns, government and media relations, international trade matters (including WTO issues), and public policy efforts, including antitrust advice. He has educated thousands of leading Chinese public and private sector officials on IP matters, and has lectured before business and academic audiences throughout the world. Mr. Cohen has also served as an expert witness on intellectual property matters involving Chinese companies.

Rob Faris - Research Director, Berkman Center for Internet & Society, Harvard University

As Research Director of the Berkman Center for Internet and Society at Harvard University, Dr. Faris's recent research includes Internet content regulation, state censorship and surveillance practices, broadband and infrastructure policy, and the interaction of new media, online speech, government regulation of the Internet and political processes. Dr. Faris is a contributor to the OpenNet Initiative, studying Internet censorship activities in over 60 countries around the world. Prior to joining the Berkman Center in 2006, he worked extensively in Latin America and Asia on issues related to economic development, public policy and environmental management. Drawing upon his past work in the research and design of policies to protect the natural commons, Dr. Faris is now applying this experience to the work at the Berkman Center related to protecting the digital commons.

Thomas Hart - Senior Advisor at China Academy of Telecommunication Research and Visiting Professor at China Southwest University for Finance and Economics

Dr. Hart is working in Beijing, China as policy and business consultant, specialized on communications and media policy and strategic economic and business challenges in China and Asia. His areas of expertise include telecommunications policy, internet governance, e-commerce, e-government and access to government information / freedom of information. Dr. Hart is Senior Advisor of the China Academy of Telecommunications Research at the The Ministry of Industry and Information Technology, consulting on the reform of the Chinese telecommunications, convergence and internet governance policy. He is also consultant to the US-based Carter Center on their Center's China and Access to Government Information Program. Since May 2009, Dr. Hart is visiting Professor at the South-West China University for Finance and Economics (Chengdu). As key expert for the EU-China Managers Exchange and Training program, he is developing training and capacity-building content to familiarize participating EU managers with the Chinese business and economic environment. Dr. Hart holds a Ph.D. in Economics and Telecommunications Policy from University of Nuremburg's Institute for Economics and Public Finance, and has authored numerous publications on economics and economic history, telecommunications policy, media regulation, e-government, e-democracy, and freedom of information.

Yahong Li - Associate Professor, Hong Kong University

Professsor Li is an Associate Professor in the Hong Kong University (HKU) Faculty of Law and Associate Director of the HKU Technology Transfer Office. She is also a Council Member of the China Law Society's Intellectual Property Law Association and Co-Legal Lead of Creative Commons Hong Kong. She teaches International and Comparative Intellectual Property Law, Intellectual Property, Innovation and Development, Management and Commercialization of IP, and PRC Tort Law. Prof. Li has authored numerous journal articles and book chapters, as well the books Imitation to Innovation in China: the Role of Patents in Biotech and Pharmaceutical Industries (Edward Elgar, 2010) and International and Comparative Intellectual Property: Law, Policy and Practice (LexisNexis, 2005). She holds a J.S.D. and J.S.M. from Stanford Law School, a J.D. from Suffolk Law School, and an LL.B. from Southwest University (PRC).

Jiarui Liu - Olin Fellow in Law and Economics and J.S.D. Candidate, Stanford Law School

Jiarui Liu is an Olin Fellow in Law and Economics and J.S.D. candidate at Stanford Law School. He also holds a Ph.D. degree from Chinese Academy of Social Sciences. He have published twenty-eight academic articles in American, European and Chinese journals. One of them has been included in the suggested readings of World Intellectual Property Organization. Before attending Stanford, he was a senior associate with the Intellectual Property Group of Baker & McKenzie, admitted both in New York and in China. This position provided him with regular exposure to a variety of cutting-edge legal issues concerning peer-to-peer network, music search engine and digital right management. He was involved in a few high-profile cases in China, including those awarded “Top 10 Intellectual Property Cases of the Year” by the Supreme People's Court of China.

Eric Priest - Assistant Professor, University of Oregon School of Law

Professor Priest holds an LL.M. from Harvard Law School, a J.D. from Chicago-Kent College of Law, where he served as Editor-in-Chief of the Chicago-Kent Law Review, and a B.A., summa cum laude, from the University of Minnesota. While at Harvard, he was a fellow at the Berkman Center for Internet & Society working on the Noank Digital Media Exchange project, a next-generation copyright licensing model for the legal distribution and transmission of digital works over the Internet. He also researched and analyzed Internet censorship and surveillance practices in several Asian countries for the center‘s OpenNet Initiative. Previously, Prof. Priest was an intellectual property associate at Dorsey & Whitney LLP. Before becoming a lawyer, he was a music producer and songwriter with gold- and platinum-selling international releases. He also worked in the Chinese music industry as a consultant, entrepreneur, and producer. He is the author of The Future of Music and Film Piracy in China, published in the Berkeley Technology Law Journal (2006)

Denis Simon - Vice Provost for International Affairs, University of Oregon

Prior to joining the University of Oregon as its new vice provost for international affairs in 2010, Prof. Simon was one of the founding senior faculty members for Penn State's School of International Affairs in Fall 2008, and chaired the new school's strategic planning initiative. He served previously as Founding Provost and Vice President for Academic Affairs at the State University of New York's Levin Graduate Institute of International Relations and Commerce, and as Dean of the Lally School of Management and Technology at Rensselaer Polytechnic Institute in Troy, N.Y. Prof. Simon received a bachelor's degree in Asian studies from the State University of New York in 1974, and a master's degree in Asian studies in 1975 and Ph.D. in political science in 1980 from the University of California at Berkeley. He began his academic career as an assistant professor of management and technology at the Massachusetts Institute of Technology, then as professor of international business strategy and technology management at The Fletcher School at Tufts University. In the private sector, Prof. Simon has served as a private consultant to several companies regarding their operations in China, president of China Consulting Associates in Boston and associate partner at Andersen Consulting China. He also has served as managing director of a business strategy center in Singapore for Scient Corporation and as president of Monitor Group (China). In 2006, he was awarded the China National Friendship Award by the Chinese government, in recognition of his contributions to U.S.-China science and technology relations. The award is the highest granted by the Chinese government to a foreign expert.

Haochen Sun - Assistant Professor, Hong Kong University

Professor Sun teaches and researches in the areas of intellectual property and property. His scholarship draws on social, cultural and political thought to explore the theoretical foundations of intellectual property and property law. His most recent research is concerned with the idea of social responsibility and justice in intellectual property law, the reconceptualization of the nature of the fair use privilege in copyright law, a new social-political theory of the public trust doctrine, and Hegel's theory of property. During the past few years, Prof. Sun also worked on theoretical and policy studies of various intellectual property issues, such as copyright protection and digital technology, the three-step test used in the international copyright treaties, and patent and public health. Moreover, he has presented at many conferences on a wide range of topics in intellectual property and property law. Before joining the University of Hong Kong, Prof. Sun worked as a research fellow at the Harvard Berkman Center for Internet & Society and the Max Planck Institute for Intellectual Property. He obtained an LL.B. from Zhejiang University, and an LL.M. degree from National University of Singapore and Harvard Law School, respectively. At each institution, he received a series of scholarships and grants. He is currently completing his SJD dissertation that seeks to put forward a new ethical theory of copyright law.

Richard P. Suttmeier - Professor of Political Science, University of Oregon

Prof. Suttmeier is a Professor of Political Science, Emeritus, at the University of Oregon. He has written widely on science and technology development issues in China. His current research includes a study of China's intellectual property strategy and an examination of the changing nature of China's innovation system. His interests in the role of science and technology in China-US relations, the role of technical standards in China's technology policy, and Chinese approaches to the management of technological risks have led to such recent publications as From Cold War Science Diplomacy to Partnering in a Networked World: 30 Years of Sino-US Relations in Science and Technology, Journal of Science and Technology Policy in China, Vol. 1, No. 1, 2010, and Standards, Stakeholders, and Innovation: China's Evolving Role in the Global Knowledge Economy, (with Scott Kennedy and Jun Su), National Bureau of Asian Research, September, 2008.

Mark Wu - Assistant Professor, Harvard Law School

Prior to joining the Harvard Law School faculty in 2010, Prof. Wu was an Academic Fellow at Columbia Law School and a law clerk to Judge Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit. He has served as the Director for Intellectual Property in the Office of the U.S. Trade Representative, where he led negotiations on the IP chapters of various free trade agreements. In addition, he worked as an engagement manager for McKinsey & Co., as an economist and operations officer for the World Bank in China, and as an economist for the United Nations Development Programme in Namibia.

Kyu Ho Youm - Professor & Jonathan Marshall First Amendment Chair, University of Oregon School of Journalism

Professor Youm is the Jonathan Marshall First Amendment Chair at the University of Oregon School of Journalism and Communication. His law review articles have been cited by American and foreign courts, including the House of Lords in Great Britain and the High Court of Australia, on freedom of expression. In addition, his media law research is often used by American and international lawyers in representing their clients in press freedom litigation. Professor Youm serves on the editorial boards of a dozen major law and communication journals in the United States and England.

Dong Zhang - Professor of Law, Harbin Engineering University

Dr. Zhang is a professor of law at Harbin Engineering University with expertise in intellectual property and commercial dispute resolution. She is a Council Member of the China Law Society's Intellectual Property Law Association, and of the China Law Society's International Law Association. Dr. Zhang is also an Arbitrator for the Beijing Arbitration Committee and the International Commercial Arbitration Center of Russian Federal States. She was a visiting scholar at UC Berkeley Boalt Hall School of Law from 2007-2008 and is a visiting fellow at China University of Political science and Law Immaterial Assets Management Center since 2010. Dr. Zhang teaches Intellectual Property Law and Arbitration. She has authored four books and over forty journal articles in Chinese and English. Her current research includes a study of China's traditional industries' globalization and an examination of the establishment of China's indigenous innovation systems.

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CLE Credits:

The CLE credit application process is underway.

We will update this page with additional information as soon as we get notification from the OSB as to the status of our application.

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Directions


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The Knight Law Center is located just west of I-5 via Hwy 99/126, at 1515 Agate Street on the southeast side of the University of Oregon campus, across the street from historic Hayward Field.

Temporary and visitor parking permits are available in the Information Kiosk at 13th Avenue and Agate Street and at the Department of Public Safety. The cost is $10 and the permits are good for the entire day. Additionally, there is metered street parking, many of which take credit cards, and also two-hour free parking further away from campus.

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About Oregon Review of International Law:

ORIL is a student-run journal that publishes articles by academics, practitioners, and students addressing current legal topics in international law and policy.

About University of Oregon Confucius Institute:

The University of Oregon Confucius Institute for Global China Studies was established in 2010 by the UO International Affairs Office and the Chinese Language Council in an effort to expand educational ties with China and promote intercultural understanding. A three-way partnership of the University of Oregon, the Chinese Language Council, and East China Normal University in Shanghai, the institute facilitates the development and coordination of cross-campus and community-wide programming of interdisciplinary events on China's global impact.

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Past Symposia:

April 8th, 2011
March 12, 2010
February 20, 2009
February 15, 2008
March 16, 2007
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Contact Information:

Andrew Bednarek - Symposium Editor
Professor Eric Priest - Symposium Faculty Editor


Contact ORIL:
by Email