Protecting Intellectual Property: Innovation, Legal Change, and Business Strategy

The Asia Society Northern California will hold a conference that addresses intellectual property issues in China. Additionally, the conference will focus on practical steps and strategies that firms can take to protect intellectual property during times of infringement.

Rationale:
Massive capital reserves, a relatively robust financial sector, and effective stimulus programs helped China survive the global recession relatively unscathed and economic growth is projected to return to double-digit levels for 2010. Yet considerable challenges remain. Despite a range of new government policies and reports of progress, one of the most vexing issues remains the protection of intellectual property. In surveys this year, both the American and European Chambers of Commerce in China found that large majorities of their members continue to see IP protection as a serious challenge. The Information Technology sector, IP-intensive and targeted for rapid growth by the Chinese government, is especially vulnerable.

It is not only foreign firms that are concerned; the vast majority of IP violation claims filed in China are made by Chinese firms, and there is a growing domestic constituency for strong, transparent, and consistent IP protection. As China’s own high-tech sectors grow, so too will calls for stronger IP law and enforcement.

This conference will both survey the rapidly evolving state of IP protection in China and address practical steps and strategies that firms can take to protect IP and to address cases of IP infringement. Achieving the right mix of legal, operational, and strategic considerations is difficult, but the conference’s legal and business experts from both China and the U.S. will show how it can be done.

Key Questions:

• How is China’s IP enforcement regime changing? Is it moving toward the U.S. system, or is it on its own path?

• How are IP enforcement issues being addressed?

• How do IP concerns vary by sector? Why is IT especially vulnerable?

• Who in China – in government as well as the private sector -- are most committed to strong IP protection? Can they serve as allies for foreign companies? Who are most opposed, and how is the balance of power shifting?

• What challenges and opportunities are emerging given China’s stated commitment to remake its economy as a hub of innovation, through “indigenous innovation” policy and other efforts?

• Do recent court cases like the recent Microsoft victory against Dazhong indicate a shift in government policy and courts’ willingness to award substantial damages?

• What are best practices – in operations as well as strategy -- for avoiding IP problems in the first place? How can firms best guard against knock-offs and piracy? How does one identify domestic suppliers, sales agents and other partners you can trust?

Who Should Attend?

• IT and other company presidents and CEOs, sales and business development managers, legal counsel and marketers

• Export/Import agents

• Global heads of business development

• Attorneys and law firms counseling global firms, and those practicing intellectual property, patent law, copyright law and related areas

• International business analysts, academics, and students

• Media

Additional Conference Co-sponsors: Asian Pacific Islander American Public Affairs Association, Bay Area Council, Berkeley Center for Law, Business & the Economy -UC Berkeley School of Law, California-Asia Business Council, California Chamber of Commerce, Center for Information Technology in the Interest of Society (CITRIS), China SF, HYSTA, National Association of Asian American Professionals, Pacific Council on International Policy, San Francisco Bar Association, San Francisco Chamber of Commerce, San Francisco Intellectual Property Law Association, Singapore American Business Association, South Asian Bar Association, UC Berkeley Graduate School of Information, UC Hastings College of the Law, U.S.-China Chamber of Commerce, USF Center for the Pacific Rim

Media Sponsor: San Francisco Business Times

CONFERENCE AGENDA
8:00 AM Registration/Continental Breakfast
8:30 AM Welcome Remarks: Mary Dent, General Counsel, Silicon Valley Bank, Bruce Pickering; Executive Director, Asia Society Northern California
8:45-9:15 AM Keynote: Robert Hertzberg: Partner, Mayer Brown; former Speaker, California State Assembly
9:15-10:45 AM Panel 1: The Changing State of IP Protection in China; How is China’s IP Regime Changing? Is it moving toward convergence with the US Regime, or toward something different?
Ian Feinberg, Partner, Mayer Brown
Shi Yusheng, Partner, King & Wood (Beijing)
David Steuer, Partner, Wilson Sonsini Goodrich & Rosati
Janet Xiao, Associate, Morrison Foerster
10:45 AM Coffee Break/Networking
11:00 AM-12:30 PM: Best Practices in Firm Strategy and Operations

What are the key success stories and best practices for avoiding IP theft, and for pursuing recourse in cases of infringement?

Rebecca Fannin, Forbes/Silicon Dragon (moderator)
John Amster, President & CEO, RPX Corporation
Meredith McKenzie, Senior Director of Intellectual Property, Symantec (invited)
Horace Ng, Managing IP Counsel & Director of Patent Procurement, Marvell Semiconductor Inc.
Gregory Wajnowski, Special Counsel-Asia, GE
Alex Zhang, Partner, King & Wood

To RSVP, please use this link.