Singapore’s Daren Tang to Succeed Gurry as Next WIPO Director General; IPWatchdog, March 4. 2020

IPWatchdog; Singapore’s Daren Tang to Succeed Gurry as Next WIPO Director General

"Daren Tang has been elected to be the next WIPO Director General, succeeding Francis Gurry.
 
Tang is currently the Chief Executive of the Intellectual Property Office of Singapore (IPOS). He has served in this capacity since 2015. Prior to that he was Deputy Chief Executive and Chief Legal Counsel for IPOS and Senior State Counsel, International Affairs Division at the Singapore Attorney-General’s Chambers. He also has served as Chairperson for WIPO’s Standing Committee on Copyright and Related Rights."

China already leads 4 of the 15 U.N. specialized agencies — and is aiming for a 5th; The Washington Post, March, 3, 2020

Courtney J. Fung and Shing-Hon Lam, The Washington Post; China already leads 4 of the 15 U.N. specialized agencies — and is aiming for a 5th

Beijing is campaigning to lead the global intellectual property agency

"The World Intellectual Property Organization (WIPO), a U.N. agency specializing in intellectual property protection, will pick a new head this week. China now heads up four of the 15 U.N. specialized agencies — the International Civil Aviation Organization, the International Telecommunication Union, the Food and Agriculture Organization, and the U.N. Industrial Development Organization.

Beijing is running a campaign to lead WIPO — despite U.S. and E.U. concerns about China’s lack of protection for intellectual property rights. China is also a huge user of the global intellectual property system, filing almost half of global patent applications in 2018."

U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency; Bloomberg, February 16, 2020

Nick Wadhams, Bloomberg; U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency

"“The race for WIPO leadership has become the moment the U.S. woke up to the fact China is eating our lunch in the multilateral system and that great-power competition will be fought out in many theaters, including UN agencies,” said Daniel Runde, the director of the Project on Prosperity and Development at the Center for Strategic and International Studies. “WIPO may seem obscure, but it’s a standard-maker and holds hundreds of billions of our trade secrets in its digital vaults.”"

Coronavirus: The global race to patent a remedy; The Mercury News, February 13, 2020

Lisa M. Krieger, The Mercury News; Coronavirus: The global race to patent a remedy

"As a lethal coronavirus triggers a humanitarian crisis in the world’s most populous nation, who owns the rights to a potential cure?

The Bay Area’s pharmaceutical powerhouse Gilead Sciences is first in line for a Chinese patent for its drug called Remdesivir, which shows promise against the broad family of coronaviruses.

But now a team of Chinese scientists say they’ve improved and targeted its use — and, in a startling move, have also filed for a patent...

“Each side wants to be the entity that came up with the treatment for coronavirus,” said Jacob Sherkow, professor of law at the Innovation Center for Law and Technology at New York Law School. “This is not a knockoff of a Louis Vuitton handbag,”...

Patent protection — and market exclusivity — is the lifeblood of drug companies such as Gilead, creating the incentive to find, test and market a medicine."

Why Is the U.S. Surrendering the Global IP System to China?; National Review, February 12, 2020

Tom Gionvanetti, National Review; Why Is the U.S. Surrendering the Global IP System to China?

"What a coup it will be for China to gain control over the global IP system at the same time that the U.S. is pressuring China over IP theft — and what a monumental miscalculation by those President Trump has trusted to further one of his key foreign-policy goals. Talk about playing the long game vs. the short game.

The election for WIPO’s top spot is on March 7. Candidates for the directorship remain from Japan, Singapore, and Colombia, and all of these would be superior choices from the perspective of the U.S. and other nations that create the kinds of innovative products that are targets of Chinese espionage and theft. But only immediate attention from the White House can prevent WIPO from becoming dominated by China, which would pose risks to the entire global IP system, and thus to U.S. security and innovation."

US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders; Billboard, December 10, 2019

Claudia Rosenbaum, Billboard; US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders

"Canada and Mexico are one step closer to aligning their copyright laws with the U.S. on Tuesday (Dec. 10) after Speaker of the House Nancy Pelosi and President Donald Trump reached an agreement to ratify the trilateral trade deal that will extend copyright term in Canada by 20 years and contains provisions on "Safe Harbor" copyright liability exemptions. The treaty will now have to be ratified by the legislatures of both Canada and Mexico."

UN agency finds US, Asian companies seek most AI patents; Associated Press, January 31, 2019

Associated Press; UN agency finds US, Asian companies seek most AI patents

"The U.N.’s intellectual property organization says companies in Japan, South Korea and the U.S. are the top filers of patent applications involving artificial intelligence.

The World Intellectual Property Organization has issued a first report aiming to show trends in AI, seen as a growth area in coming years, although still a tiny fraction of all patent applications each year.

WIPO said Thursday that machine learning is the dominant AI technique disclosed in patents."

Second China-Bound Apple Car Worker Charged With Data Theft; Bloomberg, January 30, 2019

Kartikay Mehrotra and Mark Gurman,

Bloomberg; Second China-Bound Apple Car Worker Charged With Data Theft

"An Apple Inc. hardware engineer was charged by the U.S. with stealing the iPhone maker’s driverless car secrets for a China-based company, the second such case since July amid an unprecedented crackdown by the Trump administration on Chinese corporate espionage...

As President Donald Trump ratcheted up his trade war with China, the Justice Department in November announced a “China Initiative” aimed at prioritizing trade-theft cases and litigating them as quickly as possible.

San Francisco prosecutors have brought trade-secret theft cases against Chinese nationals who worked for companies as diverse as Micron Technology Inc., a memory chipmaker, and drug maker Genentech Inc. This week, the U.S. charged Huawei Technologies Co., China’s largest telecommunications company, with stealing secrets from its American partner, T-Mobile US Inc."

US hammers Huawei with 23 indictments for alleged trade secret theft, fraud; CNet, January 29, 2019

Abrar Al-Heeti, CNet; US hammers Huawei with 23 indictments for alleged trade secret theft, fraud

"The US Department of Justice on Monday charged Huawei with theft of trade secrets, wire fraud and obstruction of justice.

A 10-count indictment alleges that China's Huawei stole trade secrets from US carrier T-Mobile beginning in 2012. Huawei also allegedly offered bonuses to employees who stole confidential information from companies. In addition, a 13-count indictment charged four defendants, including Huawei and Chief Financial Officer Meng Wanzhou, with financial fraud. The indicted defendants also include affiliates Huawei USA and Skycom.

"The charges unsealed today clearly allege that Huawei intentionally conspired to steal the intellectual property of an American company in an attempt to undermine the free and fair global marketplace," said FBI Director Christopher Wray in a statement. "To the detriment of American ingenuity, Huawei continually disregarded the laws of the United States in the hopes of gaining an unfair economic advantage.""

China's Supreme Court to take on intellectual property cases; Reuters, December 29, 2018

Reuters; China's Supreme Court to take on intellectual property cases

"Intellectual property rights cases can from next month be taken to China’s Supreme Court, the government said on Saturday, as the country seeks to strengthen protections in the face of complaints from the United States about the issue."

What Is Intellectual Property, and Does China Steal It?; Bloomberg, December 4, 2018

Grant Clark, Bloomberg; What Is Intellectual Property, and Does China Steal It?

"7. Is this a new gripe by the U.S.?

It’s a longstanding issue. That 2011 report by the U.S. International Trade Commission estimated that U.S. IP-intensive firms lost $48 billion in 2009 because of Chinese infringements. A 2016 USTR’s report highlighted serious problems, especially concerning the theft of trade secrets. "Offenders in many cases continue to operate with impunity," the report said."

China Announces Punishments for Intellectual-Property Theft; Bloomberg, December 4, 2018

Bloomberg; China Announces Punishments for Intellectual-Property Theft

'China announced an array of punishments that could restrict companies’ access to borrowing and state-funding support over intellectual-property theft, a key sticking point in its trade conflict with the U.S.

News of the measures came just days after President Xi Jinping promised to resolve the U.S.’s “reasonable concerns” about IP practices in a statement after meeting President Donald Trump at the Group of 20 summit on Saturday in Argentina. The White House said the sides agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints.

China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court.

“I think it’s potentially significant if they are implemented and result in a reduction in IP theft,” Scott Kennedy, a China expert at the Center for Strategic and International Studies in Washington. “We’ve been down this road with China many times on IP. The attention companies pay to IP theft has risen dramatically, and despite the great attention it’s getting the violations have increased.”"

China keeps global crown in patent applications; Nikkei Asian Review, December 4, 2018

Rintaro Hosokawa, Nikkei Asian Review; China keeps global crown in patent applications

"China was responsible for around 40% of the 3.17 million patent applications submitted worldwide last year, putting the country at the top for the seventh straight year and driving Asia's growing presence in the global intellectual property arena.

The World Intellectual Property Organization said Monday China's 1.38 million applications mark a new record, though the group did not give a year-on-year percentage increase due to changes in the way China's patent office counted filings.

China's patent applications in 2017 mainly concerned electronic devices, computer technology and digital data transmission. Chinese tech companies, such as telecommunications equipment makers Huawei Technologies and ZTE, significantly boosted their application counts.

At 607,000, patent applications from the U.S. were less than half of China's total. That places America in second place, followed by Japan's 318,000 applications in third and South Korea's 200,000 in the No. 4 spot."

USMCA, the new trade deal between the US, Canada, and Mexico, explained; Vox, November 30, 2018

Jen Kirby, Vox; USMCA, the new trade deal between the US, Canada, and Mexico, explained

"Intellectual property protections and digital trade provisions

This is seen as a win for the United States. The new agreement extends the terms of copyright from 50 years beyond the life of the author to 70 years beyond the life of the author. It also offers increased protections for a certain type of drug from eight years to 10 years — which basically extends the period that a drug can be protected from generic competition.

There’s also the fact that NAFTA was negotiated more than two decades ago, so it didn’t really deal with the internet. The USMCA aims to fix that by adding new provisions for the digital economy. These provisions include things like no duties on products purchased electronically, such as music or e-books, and protections for internet companies so they’re not liable for content their users produce.

Some experts told me these digital trade provisions fall short of what’s needed for a modernized NAFTA, but it’s a start."

Intellectual Property to Take Center Stage as Trump and Xi Meet; The New York Times, November 28, 2018

Alan Rappeport, The New York Times;

Intellectual Property to Take Center Stage as Trump and Xi Meet

"When President Trump and President Xi Jinping of China sit down to talk trade this week at the Group of 20 summit meeting, their negotiations are likely to be framed by a highly charged topic: the White House’s insistence that China routinely steals American technology and intellectual property."

The U.S. must take action to stop Chinese industrial espionage; The Washington Post, November 4, 2018

Editorial Board, The Washington Post; The U.S. must take action to stop Chinese industrial espionage

"In fact, China’s industrial espionage is not a passing fancy but the pillar of a long-term drive to become a global economic, military and political power, with ambitions to rival the United States. Sadly, the hopes of the past two decades, that Beijing would become a fair competitor playing by international rules, have been dashed.

It is a good first response to indict the perpetrators in the Micron case, and for Mr. Sessions to bolster resources and attention to the threat. Beyond that, however, the United States must see the Chinese espionage for what it truly represents: the pursuit of superpower might by stealing the labor and investment of others. The economies of the United States and China are inexorably entwined, which will make confronting the espionage threat even harder. But it must be done. In the end, China will respond only to compulsion."

U.S. charges Chinese spies and their recruited hackers in conspiracy to steal trade secrets; The Washington Post, October 30, 2018

Ellen Nakashima, The Washington Post; U.S. charges Chinese spies and their recruited hackers in conspiracy to steal trade secrets

[Kip Currier: Just lectured on Trade Secrets in my IP course yesterday. So it was timely to see this recent development after class.

The U.S. and E.U. have both beefed up trade secret protection and prosecution mechanisms in just the past two years: the U.S., with the Defend Trade Secrets Act of 2016, and the E.U., via its E.U. Trade Secrets Directive (EUTSD).]

"The Justice Department on Tuesday unsealed charges against 10 Chinese spies, hackers and others accused of conspiring to steal sensitive commercial airline and other secrets from U.S. and European companies.

The indictment marks the third time since September that the United States has brought charges against Chinese intelligence officers and their recruits for stealing American intellectual property.

“This is just the beginning,” Assistant Attorney General John Demers said. “Together with our federal partners, we will redouble our efforts to safeguard America’s ingenuity and investment.”"

Publishers Escalate Legal Battle Against ResearchGate; Inside Higher Ed, October 4, 2018

Lindsay McKenzie, Inside Higher Ed; Publishers Escalate Legal Battle Against ResearchGate

"The court documents, obtained by Inside Higher Ed from the U.S. District Court in Maryland, include an “illustrative” but “not exhaustive list” of 3,143 research articles the publishers say were shared by ResearchGate in breach of copyright protections. The publishers suggest they could be entitled to up to $150,000 for each infringed work -- a possible total of more than $470 million.

This latest legal challenge is the second that the publishers have filed against ResearchGate in the last year. The first lawsuit, filed in Germany in October 2017, is ongoing. Inside Higher Ed was unable to review court documents for the European lawsuit.

The U.S. lawsuit is the latest development in a long and increasingly complex dispute between some academic publishers and the networking site."

Statement on Steps to Protect Domestic Technology and Intellectual Property from China’s Discriminatory and Burdensome Trade Practices; Press Release, The White House, May 29, 2018

Press Release, The White House; 

Statement on Steps to Protect Domestic Technology and Intellectual Property from China’s Discriminatory and Burdensome Trade Practices

"On March 22, 2018, the President signed a memorandum announcing that the United States would take multiple steps to protect domestic technology and intellectual property from certain discriminatory and burdensome trade practices by China.  These actions were announced following a report of the Office of the U.S. Trade Representative regarding China’s practices with respect to technology transfer, intellectual property, and innovation.  In accordance with the March 22 memorandum, the President has been updated on the progress of the announced actions as follows:

1. To protect our national security, the United States will implement specific investment restrictions and enhanced export controls for Chinese persons and entities related to the acquisition of industrially significant technology.  The proposed investment restrictions and enhanced export controls will be announced by June 30, 2018, and they will be implemented shortly thereafter.
2. The United States will continue to pursue litigation at the World Trade Organization for violations of the Agreement on Trade-Related Aspects of Intellectual Property Rights based on China’s discriminatory practices for licensing intellectual property.  The United States filed the case regarding these violations on March 23, 2018.
3. Under Section 301 of the Trade Act of 1974, the United States will impose a 25 percent tariff on $50 billion of goods imported from China containing industrially significant technology, including those related to the “Made in China 2025” program.  The final list of covered imports will be announced by June 15, 2018, and tariffs will be imposed on those imports shortly thereafter.

In addition, the United States will continue efforts to protect domestic technology and intellectual property, stop noneconomic transfers of industrially significant technology and intellectual property to China, and enhance access to the Chinese market.  Likewise, the United States will request that China remove all of its many trade barriers, including non-monetary trade barriers, which make it both difficult and unfair to do business there.  The United States will request that tariffs and taxes between the two countries be reciprocal in nature and value.  Discussions with China will continue on these topics, and the United States looks forward to resolving long-standing structural issues and expanding our exports by eliminating China’s severe import restrictions."

British Book Publishers Fear Brexit Will Bring a U.S. Invasion; The New York Times, April 13, 2018

David Segal, The New York Times; British Book Publishers Fear Brexit Will Bring a U.S. Invasion

"Much of the worry stems from a looming fight with American publishers over sales in Continental Europe. For decades, the British have had this market to themselves, selling English-language editions of books in France, Italy and every other country in the European Union.

That helped turn Britain into the largest book exporter in the world, with total sales equivalent to $6.8 billion per year, according to the Publishers Association, a British trade group. Just over half of that revenue came from exports, and the biggest export market is Europe.

Access to this market, without tariffs or the serious competition that comes with being part of European Union, has been a financial boon. Were British publishers to lose a substantial chunk of sales or face added costs on the Continent, the fallout could be dire."