2009 US-China Legal Exchange

The U.S. Department of Commerce (DOC) and the USC U.S. - China Institute will host a senior delegation from China on October 12, 2009 to discuss China's amendments to the Patent Law and draft Telecommunications Law.

The 2009 U.S.-China Legal Exchange and Roundtable is an excellent way for the business and legal community to learn about important changes to China's Patent Law and draft Telecommunication Law.  The Exchange features representatives from China's Ministry of Commerce (MOFCOM), State Council-Legislative Affairs Office (SCLAO), and the U.S. Department of Commerce.  It takes place as part of the annual high level bilateral exchange of the Joint Commission on Commerce and Trade (JCCT) and focused, in the past, on China's anti-monopoly law, revisions to partnership law, national security review conducted by CFIUS, and the U.S. regime for protecting and enforcing trade secrets, among other topics.

The day-long conference features senior Officials of SCLAO and MOFCOM, DOC General Counsel Cameron Kerry and USPTO Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director Sharon R. Barner, and leading local legal experts highlighting the implications and practical application of the Patent and draft Telecommunication Laws.

Background

The U.S.-China Legal Exchange occurs as part of the Commercial Law Working Group activities under the Joint Commission on Commerce and Trade (JCCT). The United States and China established the JCCT in 1983 as a forum for high-level dialogue on bi-lateral trade issues. The Legal Exchange is an annual exchange between the DOC, led by the General Counsel's Office, and China's Ministry of Commerce (MOFCOM), led by the Department of Treaty and Law.  Hosted in alternating years in the U.S. and in China, the 2009 Legal Exchange will be held in Los Angeles, Chicago and New York City. 

Delegation Composition

The 2009 delegation is expected to consist of 15-20 representatives from the U.S. and Chinese Governments:

• US Host: DOC General Counsel Cameron F. Kerry
• Chinese Delegation Leader:  Vice Minister Zhang Qiong from China's State Council Legislative Affairs Office (SCLAO)
• Other Chinese officials to include representatives from other Chinese government agencies - click here for full list of Chinese delegation members.
• USG delegates: Senior officials from the U.S. Patent and Trademark Office and the National Telecommunications and Information Administration, and representatives of the DOC Office of the Chief Counsel for International Commerce and other US government agencies, as appropriate - click here for full list of US delegation members.

Program

Part One: China's Patent Law

Introduction (8:45– 9:00)

• Welcoming Remarks – DOC General Counsel, Cameron Kerry
• Welcoming Remarks – SCLAO Vice Minister, Zhang Qiong

Overview of China's new patent law (9:00 – 9:45)

• Chinese Presentation (30 minutes)
  Mr. JIN Wuwei: Division director, Department of Education, Science, Culture and Public Health, SCLAO - click for presentation
• U.S. Presentation (15 minutes)
  Elizabeth Chien-Hale, Co-Chair, ABA Joint Sections Task Force on PRC Patent Law Amendments - click for presentation

How to obtain a patent under China's new patent law (9:45 – 10:30)

• Chinese Presentation (30 minutes)
  Ms. YUAN Jie: Deputy Director General, Legislative Affairs Commission, Standing Committee of National People's Congress - click for presentation
• U.S. Presentation (15 minutes)
  Andrei Iancu, Irell & Manella LLP - click for presentation

Tea break (10:30 – 11:00)

How to enforce a patent under China's new patent law (11:00 – 11:45)

• Chinese Presentation (30 minutes)
  Ms. YUAN Jie: Deputy Director General, Legislative Affairs Commission, Standing Committee of National People's Congress - click for presentation
• U.S. Presentation (15 minutes)
  Alex Nie, Associate, Foley & Lardner LLP - click for presentation

Q&A (11:45 – 12:30)
Moderator - Arti Rai, Elvin R. Latty Professor of Law, Duke Law School

Lunch (12:30 – 2:00)

Part Two: China's Draft Telecommunications Law

Overview of China's Draft Telecom Law (2:00 – 2:45) Click here to view/download the unofficial translation of the Draft Telecommunications Law. Click here for Chinese version.

• Chinese Presentation (30 minutes)
  Mr. ZHAO Xiaoguang: Director General, Department of Industry, Communications and Commerce, SCLAO - click for presentation
• U.S. Presentation (15 minutes)
  Simon Wilkie, Executive Director, Center for Communication Law and Policy, USC Law School

Development of China's telecommunications market and recent reforms (2:45 – 3:30) 

• Chinese Presentation (30 minutes)
  Mr. SHI Yuchun: Department of Policies, Laws and Regulations, Ministry of Industry and Information Technology - click for presentation
• U.S. Presentation (15 minutes)
  Rachelle Chong, Commissioner, California Public Utilities Commission

Tea Break (3:30 - 4:00)

China's regulation of the telecommunications market (4:00 – 4:45)

• Chinese Presentation (30 minutes)
  Mr. SHI Yuchun: Department of Policies, Laws and Regulations, Ministry of Industry and Information Technology - click for presentation
• U.S. Presentation (15 minutes)
  Allan Marson, Partner, Baker & McKenzie LLP - click for presentation

Q&A (4:45 – 5:15)
Moderator - Josephine Arnold, Senior Attorney, Office of the Chief Counsel National Telecommunications and Information Administration

Closing Remarks (5:15 – 5:30)

• SCLAO Vice Minister, Zhang Qiong
• DOC General Counsel, Cameron Kerry 

To Register 

There is a $50 registration fee to attend this conference, payable by check or by credit card. This fee includes breakfast, lunch, refreshments, and conference materials. To register, download the registration form and submit payment. The deadline to register is October 9, 2009. Registration fee waived for USC faculty and students.

Parking at USC

Enter campus at Gate 4 on Jefferson Blvd at Royal Street. At the gate, tell the attendant that you are attending the USCI conference at the Davidson Conference Center. The parking fee is $8. The conference center is directly east of the parking structure, at the intersection of Jefferson Blvd and Figueroa. Click here to view and print a map of the USC campus.

For more information, please call (213) 821-4382 or email uschina@usc.edu.

The 2009 US-China Legal Exchange will continue in Chicago on October 14 and New York on October 16. Visit http://www.buyusa.gov/asianow/chinalegalexchange2009.html for more information.