Course1

5th Annual Berkeley-Tsinghua Annual Forum on Transnational IP Litigation (Day 1)

  • Author/Instructor:  BCLT

Agenda This program does not offer CLE. For two afternoons in California, Friday May 19 and Saturday May 20, Berkeley Law and Tsinghua Law School will convene their 5th annual program on Transnational IP Litigation.  This hybrid program is conveniently scheduled in two four-hour sessions over two days for listeners in the Americas, particularly on the West Coast of California. As in prior years, the program commences with an empirical overview of developments in cross-border (particularly US-China) intellectual property litigation and licensing.  It is followed this year with a session on cross-border data-scraping and data-mining and a panel on SEP litigation.  On May 20, the program will cover patent linkage in pharma issues, sequencing of patent prosecution and patent litigation to maximize impact in a cross-border campaign, and bad faith trademark and patent prosecution.

  • On-Demand
    Format
  • 217
    Min.
  • 1/18/25
    Avail. to
  • DETAILS
Course1

5th Annual Berkeley-Tsinghua Annual Forum on Transnational IP Litigation (Day 2)

  • Author/Instructor:  BCLT

Agenda This program does not offer CLE. For two afternoons in California, Friday May 19 and Saturday May 20, Berkeley Law and Tsinghua Law School will convene their 5th annual program on Transnational IP Litigation.  This hybrid program is conveniently scheduled in two four-hour sessions over two days for listeners in the Americas, particularly on the West Coast of California. As in prior years, the program commences with an empirical overview of developments in cross-border (particularly US-China) intellectual property litigation and licensing.  It is followed this year with a session on cross-border data-scraping and data-mining and a panel on SEP litigation.  On May 20, the program will cover patent linkage in pharma issues, sequencing of patent prosecution and patent litigation to maximize impact in a cross-border campaign, and bad faith trademark and patent prosecution.

  • On-Demand
    Format
  • 203
    Min.
  • 1/25/25
    Avail. to
  • DETAILS
Course1

AI as an Inventing Tool: AI as a tool to promote fair access to the patent system (Panel4/Closing)

  • Author/Instructor:  BCLT

AI as an Inventing Tool—Its Implicatioins for Patent Law and PolicyRecorded November 15, 2023 Event Information | Agenda | Resources   Participate in Professor Colleen Chien's Study!   Speakers Prof. Colleen ChienBCLT, Berkeley Law   Prof. Keith RobinsonWake Forest University School of Law

  • On-Demand
    Format
  • 38
    Min.
  • 6/3/25
    Avail. to
  • DETAILS
Course1

AI as an Inventing Tool: AI’s challenges to Patent law – Inventorship (Panel 2)

  • Author/Instructor:  BCLT

AI as an Inventing Tool—Its Implicatioins for Patent Law and PolicyRecorded November 15, 2023 Event Information | Agenda | Resources   Participate in Professor Colleen Chien's Study!   Speakers Prof. Dennis CrouchUniversity of Missouri School of Law Yuan Hao, PhDBCLT, Berkeley Law Nalini MummalaneniUSPTO Moderator Prof. Robert MergesBCLT, Berkeley Law

  • On-Demand
    Format
  • 59
    Min.
  • 6/3/26
    Avail. to
  • DETAILS
Course1

AI as an Inventing Tool: Beyond Inventorship (Panel 3)

  • Author/Instructor:  BCLT

AI as an Inventing Tool—Its Implicatioins for Patent Law and PolicyRecorded November 15, 2023 Event Information | Agenda | Resources   Participate in Professor Colleen Chien's Study!   Speakers Ali AlemozafarPartner, Wilson Sonsini Yuan Hao, PhDBCLT, Berkeley Law Prof. Peter LeeUC Davis Law Prof. Robert MergesBCLT, Berkeley Law Moderator Prof. Colleen ChienBCLT, Berkeley Law

  • On-Demand
    Format
  • 51
    Min.
  • 6/3/25
    Avail. to
  • DETAILS
Course1

AI as an Inventing Tool: Using AI as an inventing tool – the technological basis (Panel 1)

  • Author/Instructor:  BCLT

AI as an Inventing Tool—Its Implicatioins for Patent Law and PolicyRecorded November 15, 2023 Event Information | Agenda | Resources   Participate in Professor Colleen Chien's Study!   Speakers Calvin ChinFounding Partner, E14 ventures Ali Madani, PhDCEO, Profluent Moderator Yuan Hao, PhDBCLT, Berkeley Law

  • On-Demand
    Format
  • 50
    Min.
  • 6/3/25
    Avail. to
  • DETAILS
Course1

Post-pandemic: Where are the US and China headed together on IP and Tech

  • Author/Instructor:  BCLT

Planning a return trip to China in the near future to discuss IP or tech issues?Join BCLT’s Mark Cohen in a Zoom discussion with USPTO’s Elaine Wu and Mike Mangelson and others as they discuss their recent trips to China and the challenges and opportunities ahead. Submit your questions to Mark Cohen at mark.cohen@law.berkeley.edu First Half: Non-Government Engagement During the first half of our meeting, we will discuss interaction on the economy, technology, IP, and other issues by recent visitors to China, including the role of "track 2 dialogues", the role of local government, academic exchanges, and business-to-business discussion.    Dr. Yuan HaoSenior Fellow, BCLT Asia IP ProjectBCLT Andy RothmanInvestment StrategistMatthews Asia   Judge Randall Rader (ret.)Rader Group LLC US Court of Appeals for the Federal Circuit   Second Half: Government-to-Government Engagement During the second half of our meeting, we will discuss the USPTO's recent visit to China with the USPTO's senior attorneys and the range of IP issues that they discussed.   Elaine WuPrincipal Counsel and Director, Office of Policy & International AffairsUSPTO   Mike MangelsonPrincipal Counsel and Director, China Intellectual PropertyUSPTO    

  • On-Demand
    Format
  • 83
    Min.
  • 1/24/25
    Avail. to
  • DETAILS
Course1

Roundtable on Revisions to the China Trademark Law

  • Author/Instructor:  BCLT

On January 13, 2023, the China National Intellectual Property Administration published proposed revisions to the China Trademark Law for public comment. Our initial list of speakers includes: Mark Cohen (moderator), Lei Yongjian (Wanhuida Law Firm), Lyu Pei (Genlaw), Charles Feng (Tahota Law Firm), and Joe Simone (SIPS).   This program does not offer CLE

  • On-Demand
    Format
  • 90
    Min.
  • 8/7/24
    Avail. to
  • DETAILS
Course1

Talk I: Copyright Challenge – A Comparative Law View on Authorship

  • Author/Instructor:  BCLT

Program occured on January 23, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center In Nov. 2023, the five-year-old Beijing Internet Court (“BIC”) issued a landmark judgment (Li v. Liu) on the copyright eligibility of an image generated with Stable Diffusion AI, finding the human user that provided elaborate prompts to the machine to be the “author”. This judgment has triggered a flurry of vigorous debates in China, and meanwhile attracted significant international attention. Some commented that this $70 ruling may have far-reaching implications on the evolution of AIGC in China, unleashing a trillion-dollar industry. Some contrasted this judgment with the various rejection decisions issued lately by the US Copyright Office (“USCO”), which found that the human users in the loop do not have sufficient authorial control, despite the hundreds of prompt inputs. The apparent disparity in outcomes however, may have largely shadowed the similarity of a human-centered approach adopted by both institutions facing a common conundrum. With the emergence of powerful Gen-AI tools and their varied synergies with human beings, we now start to witness real-world examples of “authorless works” as coined by Prof. Ginsburg and Luke Budiardjo. While these “works” may not fulfill the conventional authorship requirement, some of them may have remarkable commercial or even arguably artistic values (depending how we interpret “art”). How to properly address this common challenge faced by all jurisdictions, may require us to go beyond the doctrinal level and revisit the justifying principles of copyright law / author’s law, in light of the legal and economic context in the particular jurisdiction. In this inaugural Talk, we invited Profs Guobin Cui and Qian Wang, two renowned copyright law scholars in China, to give us a nuanced account of this case, against the backdrop of how the rapidly evolving copyright law deals with various technological challenges in China. As a comparison, BCLT’s own faculty director Prof. Robert Merges, Co-Director of BAIC, will provide his insight through the lens of US copyright law, as well as the underlying principles of intellectual property. Discussants:    Prof. Guobin Cui (???), Tsinghua University School of LawProf. Robert Merges, BCLTProf. Qian Wang (??), Eastern University of Political Science and Law Moderator: Dr. Yuan Hao (??), BCLT

  • On-Demand
    Format
  • 120
    Min.
  • 7/1/25
    Avail. to
  • DETAILS
Course1

Talk II: Commercialization Landscape of Gen-AI 2024

  • Author/Instructor:  BCLT

Program occured on April 30, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center ITalk II was dedicated to unraveling the emerging commercialization landscape of Gen-AI. This talk featured insights from two vanguards in the field: Di Li, the visionary Founder and CEO of XiaoIce, Microsoft’s renowned AI spinoff, and Chlon Tang, the esteemed Founding / Managing Partner of Berkeley SkyDeck Fund. Together with Yuan, they explored the transformative journey of Gen-AI from cutting-edge technological novelty to indispensable market solutions. As the initial excitement surrounding AI technologies gradually gives way to a demand for real value and comprehensive user experiences, the speakers dissected the critical elements driving the success of Gen-AI ventures, delved into the emergence of killer applications, and shared strategies for creating deep value that fosters active user engagement. This session illuminated the path towards building enduring businesses and innovation in the Gen-AI ecosystem, highlighting the notable approaches and mindsets required to navigate this rapidly evolving commercial landscape. Hopefully, this talk will provide our audience with a deeper understanding of how Gen-AI is starting to reshape innovative and creative industries.   Discussants:  Li Di, Xiaoice Dr. Yuan Hao, BCLT Chon Tang, Berkeley SkyDeck

  • On-Demand
    Format
  • 120
    Min.
  • 5/28/25
    Avail. to
  • DETAILS
Course1

Talk III: How Fair is “Fair Use” in the AI Age?

  • Author/Instructor:  BCLT

Program occured on April 30, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center Conventionally, the fair use doctrine has been serving as a safety valve in balancing the copyright protection of expressive creativity and necessary access for cumulative creativity. Despite the modern US Copyright Act’s legislative intent of having broad exclusive rights and narrow limitations however, for some reasons in past decades the supposedly limited fair use doctrine has turned essentially into a  broad transformativeness test, i.e. the secondary work is transformative as a matter of law “[i]f looking at the works side-by-side, the secondary work has a different character, a new expression, and employs new aesthetics with [distinct] creative and communicative results.” This simplistic inquiry has arguably caused, among other confusions, a serious collision between authors’ right to derivative works and the transformative-use dominated fair use defense. This collision is likely to be further exacerbated with the rapid deployment of generative AI tools in the creative industry, where consumption of large amount of copyrighted works (as “raw materials”) in the training process has been forcefully argued by some as fair use, due to the “transformativeness” of the AI outputs. But is this “fair use” indeed fair, particularly in light of the fact that many such AI outputs constitute competitive commodities with the original copyrighted works created by human artists?  On a deeper level, is such a broad fair use doctrine consistent with the principles of the IP system that has been running for centuries to incentivize and honor human creativity? In the wake of Warhol v. Goldsmith, a landmark case in which the US Supreme Court took great pains to clarify the decade-long confusion prevalent in the interplay of fair use and author’s right to derivative works, please join me in an in-depth discussion with my esteemed Berkeley colleagues Prof. Peter Menell, Prof. Robert Merges: how fair is “fair use” in the AI age?   Discussants:  Dr. Yuan Hao, BCLT Prof. Peter Menell, BCLT Prof. Robert Merges, BCLT

  • On-Demand
    Format
  • 90
    Min.
  • 5/28/25
    Avail. to
  • DETAILS
Course1

US-China Science and Technology Agreement 2023

  • Author/Instructor:  BCLT

Please join BCLT for an in-depth discussion on the controversies surrounding the renewal of the US-China Science and Technology Agreement. The current agreement needs to be renewed by August 27, 2023.  Our keynote speaker is Prof. John Holdren(opens in a new tab), former Director of the Office of Science and Technology Policy in the White House during the Obama administration. The agreement plays an important historical and practical role in guiding US–China cooperation on numerous shared bilateral and global challenges. It was the first bilateral agreement between the US and China. US climate envoy, John Kerry, visited China recently to seek further cooperation on global climate issues, which this bilateral agreement has governed. Nonetheless, the agreement is now the subject of considerable controversy arising concerns over whether the agreement benefits US interests, the risks of “IP Theft”, as well as broader geopolitical concerns. The newly-formed House Select Committee on Strategic Competition between the United States and the Chinese Communist Party has already “strongly recommend[ed]” that the agreement not be extended in a letter to Secretary of State Blinken on June 27. We will discuss the role of this agreement in government, public sector, and private technology collaboration between the United States and China, the benefits and challenges the agreement poses, and how a new agreement might be structured, while addressing many of the criticisms and assessments of bilateral science cooperation. KEYNOTE SPEAKER John HoldrenFormerly Director of the Office of Science and Technology in the White HouseHarvard's Kennedy School SPEAKERS Mark CohenSenior Fellow and Director, BCLT Asia IP ProjectBCLT Joanna LewisAssociate Professor of Energy and Environment and Director of the Science, Technology and International Affairs Program (STIA)Georgetown University Deborah SeligsohnFormer Science Councilor at the US EmbassyVillanova University Denis SimonClinical Professor of Strategy and EntrepreneurshipUNC/Chapel Hill Paul TrioloSenior Vice President for China and Technology Policy LeadAlbright Stonebridge Caroline WagnerFull Professor of Public AffairsOhio State University MODERATORS Mark CohenSenior Fellow and Director, BCLT Asia IP ProjectBCLT   Denis SimonClinical Professor of Strategy and EntrepreneurshipUNC/Chapel Hill   AGENDA Time Topic Speakers 00:00:00 Introduction Mark Cohen, Berkeley Law, BCLT 00:03:40 KeynoteA Practitioner’s Perspective on US-China S&T Cooperation Dr. John Holdren, Harvard University ModeratorDenis Simon, UNC at Chapel Hill 00:30:00 Q&A   Panel 1: History, Accomplishments and Challenges of Science Collaboration with China  ModeratorMark Cohen, Berkeley Law, BCLT 00:45:00 An Overview of Four Decades of S&T Cooperation Denis Simon, UNC at Chapel Hill 01:00:00 What the US Wins from Science Collaboration with China Deborah Seligsohn, Villanova University 01:16:30 The Challenges to Sustained S&T Cooperative Relations Paul Triolo, Albright Stonebridge 01:29:00 Q&A   Panel 2: Key Issues in US-China Science Collaboration  ModeratorDenis Simon, UNC at Chapel Hill 01:45:30 Managing the IP Aspects of Bilateral S&T Cooperation Mark Cohen, Berkeley Law, BCLT 01:59:20 Scientific Productivity and U.S.-China Cooperative Research Caroline Wagner, Ohio State University 02:16:00 Tackling Climate Change Within & Beyond the STA Joanna Lewis, Georgetown University 02:29:00 Q&A   Wrap Up   02:35:00 Open Discussion / Q&A for both panels Mark Cohen, Berkeley Law, BCLT Denis Simon, UNC at Chapel Hill  

  • On-Demand
    Format
  • 172
    Min.
  • 4/16/25
    Avail. to
  • DETAILS