Director and Senior Fellow, Berkeley Center for Law and Technology, University of California at Berkeley
Mark Cohen heads the Asia IP Project at the Berkeley Center for Law and Technology at Berkeley Law School. He is also responsible for teaching international trade law and research and writing on IP issues. Previously, Cohen was Senior Counsel, China in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office, after serving as a visiting professor at Fordham Law School (2011-2012). Prior to that time, he served in such functions as: Director, International Intellectual Property at Microsoft Corporation; Of Counsel to Jones Day’s Beijing office; and Senior Intellectual Property Attaché at the U.S. Embassy in Beijing (2004- 2008). In total, he has over 30 years private, public sector, in-house and academic experience in China and transition economies, with a focus on technology trade and intellectual property.
Cohen was the first IPR Attaché posted by USPTO to handle IPR issues in a foreign country. In addition, he launched the annual “Ambassador’s IPR Roundtable” which he co-chaired for five years, devised IPR “toolkits”, “road shows”, pro-bono programs, internal training programs for the US government and external training programs, and worked with USPTO and other US agencies to engage China and Chinese IP agencies. Cohen led a China team at USPTO consisting of 21 individuals in DC, Beijing, Shanghai and Guangzhou, China on all aspects of USPTO’s activities in China. Among his book-length publications are Antimonopoly Law and Practice in China (Oxford University Press 2011, with Steve Harris et al.). He was also the editor of Chinese Intellectual Property Law and Practice (Kluwer Law International 1999) and has edited or published a number of on-line publications, including the blog www.chinaipr.com.
Mr. Cohen has taught and lectured at numerous universities in the United States, Asia and Europe. Amongst other honors, he was the recipient of the US Chamber of Commerce’s “IP Champion” award in 2014. Mr. Cohen holds a J.D. degree from Columbia University (1984), an M.A. from the University of Wisconsin in Chinese Language and Literature (1979) and a B.A. from the State University of New York at Albany in Chinese Studies (1977).
Hon. William Matthew Byrne, Jr. Chair Professor of Law, Loyola Law School, Loyola Marymount University
Prior to joining Loyola in 2013, Professor Justin Hughes taught at Cardozo Law School where he served as director of Cardozo’s Intellectual Property Program, 2004 through 2008, and founded the law school’s Indie Film Clinic, the first of its kind.
From 2009 through 2013, Professor Hughes also worked in the Obama Administration as Senior Advisor to the Undersecretary of Commerce for Intellectual Property. In that capacity he was the United States chief negotiator for the Beijing Treaty on Audiovisual Performances (2012) and the Marrakesh Treaty for the Blind (2013).
In the 1990s, Professor Hughes did volunteer work in democracy development in Latin America, West Africa and the Balkans. He has practiced law in Paris and Los Angeles. As a Henry Luce Scholar, he clerked for the Lord President of the Malaysian Supreme Court in Kuala Lumpur.
Dinsmore & Shohl LLP, Partner
Brian is chair of Dinsmore’s IP Transactions and Licensing Group. He is a past president of the Licensing Executives Society (USA and Canada), Inc. (LES), the leading professional society devoted to commercial transactions and licensing of intangible property. He continues to serve LES as senior vice president for public policy. He has extensive experience in a wide variety of commercial transactions involving intangible property, and is known for creative licensing strategies to promote collaboration and resolve IP-related disputes.
He is a registered patent attorney with more than 30 years of experience before the U.S. Patent and Trademark Office and in structuring global IP portfolios and strategies. He has extensive experience in contested proceedings before the USPTO Patent Trial and Appeal Board (interferences, Inter Partes Reviews and Post Grant Reviews), as well as contested matters in federal courts and the International Trade Commission. His wide-ranging experience affords a broad, informed perspective and facilitates creative approaches to intellectual property management, licensing, and enforcement.
In addition to his leadership of LES, Brian served on the LES Board of Directors 2007 – 2018. In his ongoing role as senior vice president for public policy he is responsible for coordinating the society’s public policy positions, amicus briefs, and congressional outreach. He works with legislators, the executive branch, and the courts toward consistent, reliable, and prudent IP laws and policies that advance innovation and economic development. He has also served LES as trustee for education, and has long served as an author, editor, and faculty member of LES educational programs focusing on best practices in IP licensing.
He is also active in the global society, LES International (LESI). Among his various roles in LESI, he has served as co-chair of the External Relations Committee, coordinating public policy and advocacy for effective IP laws and policies among the 33 regional LES societies, and with various non-governmental organizations such as WIPO and EPO. In 2019, he received the LES International President’s Service Recognition Award.
Brian also serves as Chair of the Board of Directors of the Bayh Dole Coalition, a 501(c)(4) corporation dedicated to promoting and preserving the Bayh Dole Act. He is a member of the Founding Board of Directors of the United States Intellectual Property Alliance (USIPA), an organization dedicated to raising public awareness of, and appreciation for, the role of IP in fostering innovation for the public good; and he has served on the DC Bar Intellectual Property Section Steering Committee (2013 – 2016).
In 2016, Brian testified before the U.S. Senate Committee on Small Business and Entrepreneurship on the effects of the America Invents Act on small business and entrepreneurs in a hearing entitled “An Examination of Changes to the U.S. Patent System & Impacts on America's Small Businesses.”
With his longstanding and diverse patent practice, in both private practice and in-house, Brian advises corporate leaders and entrepreneurs in effective IP procurement practices, and in maximizing value from IP assets. He has been retained as a testifying witness in IP and licensing disputes by the U.S. Department of Justice, the U.S. Department of the Treasury, and by various private enterprises.
Brian has been acknowledged by IAM magazine as among its “IAM Strategy 300”, the world’s leading IP strategists, and among “The World's Leading Patent and Technology Licensing Lawyers.”
He earned B.S. and M.S. degrees from the Department of Chemistry, Rochester Institute of Technology, Rochester, NY; and Juris Doctor from Syracuse University, College of Law, Syracuse, NY (1986).
Brian has served his alma mater as president of the RIT Alumni Association 2005 – 2009; and now serves on the RIT Board of Trustees as a member of its Executive Committee, chair of its Student Life Committee, and vice-chair of its Committee on Trustees. In 2013, Brian was awarded RIT’s Outstanding Alumnus Award, and in 2005 he was awarded the Distinguished Alumnus Award by RIT’s College of Science.
Director and Senior Fellow, Berkeley Center for Law and Technology, University of California at Berkeley
Mark Cohen heads the Asia IP Project at the Berkeley Center for Law and Technology at Berkeley Law School. He is also responsible for teaching international trade law and research and writing on IP issues. Previously, Cohen was Senior Counsel, China in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office, after serving as a visiting professor at Fordham Law School (2011-2012). Prior to that time, he served in such functions as: Director, International Intellectual Property at Microsoft Corporation; Of Counsel to Jones Day’s Beijing office; and Senior Intellectual Property Attaché at the U.S. Embassy in Beijing (2004- 2008). In total, he has over 30 years private, public sector, in-house and academic experience in China and transition economies, with a focus on technology trade and intellectual property.
Cohen was the first IPR Attaché posted by USPTO to handle IPR issues in a foreign country. In addition, he launched the annual “Ambassador’s IPR Roundtable” which he co-chaired for five years, devised IPR “toolkits”, “road shows”, pro-bono programs, internal training programs for the US government and external training programs, and worked with USPTO and other US agencies to engage China and Chinese IP agencies. Cohen led a China team at USPTO consisting of 21 individuals in DC, Beijing, Shanghai and Guangzhou, China on all aspects of USPTO’s activities in China. Among his book-length publications are Antimonopoly Law and Practice in China (Oxford University Press 2011, with Steve Harris et al.). He was also the editor of Chinese Intellectual Property Law and Practice (Kluwer Law International 1999) and has edited or published a number of on-line publications, including the blog www.chinaipr.com.
Mr. Cohen has taught and lectured at numerous universities in the United States, Asia and Europe. Amongst other honors, he was the recipient of the US Chamber of Commerce’s “IP Champion” award in 2014. Mr. Cohen holds a J.D. degree from Columbia University (1984), an M.A. from the University of Wisconsin in Chinese Language and Literature (1979) and a B.A. from the State University of New York at Albany in Chinese Studies (1977).
Former Chief Judge, United States Court of Appeals for the Federal Circuit
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy and providing mediation and arbitration services.
Dinsmore & Shohl LLP, Partner
Brian is chair of Dinsmore’s IP Transactions and Licensing Group. He is a past president of the Licensing Executives Society (USA and Canada), Inc. (LES), the leading professional society devoted to commercial transactions and licensing of intangible property. He continues to serve LES as senior vice president for public policy. He has extensive experience in a wide variety of commercial transactions involving intangible property, and is known for creative licensing strategies to promote collaboration and resolve IP-related disputes.
He is a registered patent attorney with more than 30 years of experience before the U.S. Patent and Trademark Office and in structuring global IP portfolios and strategies. He has extensive experience in contested proceedings before the USPTO Patent Trial and Appeal Board (interferences, Inter Partes Reviews and Post Grant Reviews), as well as contested matters in federal courts and the International Trade Commission. His wide-ranging experience affords a broad, informed perspective and facilitates creative approaches to intellectual property management, licensing, and enforcement.
In addition to his leadership of LES, Brian served on the LES Board of Directors 2007 – 2018. In his ongoing role as senior vice president for public policy he is responsible for coordinating the society’s public policy positions, amicus briefs, and congressional outreach. He works with legislators, the executive branch, and the courts toward consistent, reliable, and prudent IP laws and policies that advance innovation and economic development. He has also served LES as trustee for education, and has long served as an author, editor, and faculty member of LES educational programs focusing on best practices in IP licensing.
He is also active in the global society, LES International (LESI). Among his various roles in LESI, he has served as co-chair of the External Relations Committee, coordinating public policy and advocacy for effective IP laws and policies among the 33 regional LES societies, and with various non-governmental organizations such as WIPO and EPO. In 2019, he received the LES International President’s Service Recognition Award.
Brian also serves as Chair of the Board of Directors of the Bayh Dole Coalition, a 501(c)(4) corporation dedicated to promoting and preserving the Bayh Dole Act. He is a member of the Founding Board of Directors of the United States Intellectual Property Alliance (USIPA), an organization dedicated to raising public awareness of, and appreciation for, the role of IP in fostering innovation for the public good; and he has served on the DC Bar Intellectual Property Section Steering Committee (2013 – 2016).
In 2016, Brian testified before the U.S. Senate Committee on Small Business and Entrepreneurship on the effects of the America Invents Act on small business and entrepreneurs in a hearing entitled “An Examination of Changes to the U.S. Patent System & Impacts on America's Small Businesses.”
With his longstanding and diverse patent practice, in both private practice and in-house, Brian advises corporate leaders and entrepreneurs in effective IP procurement practices, and in maximizing value from IP assets. He has been retained as a testifying witness in IP and licensing disputes by the U.S. Department of Justice, the U.S. Department of the Treasury, and by various private enterprises.
Brian has been acknowledged by IAM magazine as among its “IAM Strategy 300”, the world’s leading IP strategists, and among “The World's Leading Patent and Technology Licensing Lawyers.”
He earned B.S. and M.S. degrees from the Department of Chemistry, Rochester Institute of Technology, Rochester, NY; and Juris Doctor from Syracuse University, College of Law, Syracuse, NY (1986).
Brian has served his alma mater as president of the RIT Alumni Association 2005 – 2009; and now serves on the RIT Board of Trustees as a member of its Executive Committee, chair of its Student Life Committee, and vice-chair of its Committee on Trustees. In 2013, Brian was awarded RIT’s Outstanding Alumnus Award, and in 2005 he was awarded the Distinguished Alumnus Award by RIT’s College of Science.
Chief Judge (ret.), U.S. Court of Appeals for the Federal Circuit, and Honorary Professor, Tsinghua University
Randall R. Rader was appointed to the United States Court of Appeals for the Federal Circuit by President George H. W. Bush in 1990 and served as Chief Judge from June 2010 to June 2014. He was appointed to the United States Claims Court (now the U. S. Court of Federal Claims) by President Ronald W. Reagan in 1988. Judge Rader's most prized title may well be "Professor Rader."
As Professor, Judge Rader has taught courses on patent law and other advanced intellectual property courses at The George Washington University Law School,University of Virginia School of Law, Georgetown University Law Center, the Munich Intellectual Property Law Center, and other university programs in Tokyo, Taipei, New Delhi, and Beijing. Due to the size and diversity of his classes, Judge Rader may have taught patent law to more students than anyone else. Judge Rader has also co-authored several texts including the most widely used textbook on U. S. patent law, "Cases and Materials on Patent Law," (St. Paul, Minn.: Thomson/West 3d ed. 2009) and "Patent Law in a Nutshell," (St. Paul, Minn.: Thomson/West 2007) (translated into Chinese and Japanese). Judge Rader has won acclaim for leading dozens of government and educational delegations to every continent (except Antarctica), teaching rule of law and intellectual property law principles.
Judge Rader has received many awards, including the Sedona Lifetime Achievement Award for Intellectual Property Law, 2009; Distinguished Teaching Awards from George Washington University Law School, 2003 and 2008 (by election of the students); the Jefferson Medal from the New Jersey Intellectual Property Law Association, 2003; the Distinguished Service Award from the Berkeley Center for Law and Technology, 2003; the J. William Fulbright Award for Distinguished Public Service from George Washington University Law School, 2000; and the Younger Federal Lawyer Award from the Federal Bar Association, 1983. Before appointment to the Court of Federal Claims, Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees. He received a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University Law School in 1978.
Director and Senior Fellow, Berkeley Center for Law and Technology, University of California at Berkeley
Mark Cohen heads the Asia IP Project at the Berkeley Center for Law and Technology at Berkeley Law School. He is also responsible for teaching international trade law and research and writing on IP issues. Previously, Cohen was Senior Counsel, China in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office, after serving as a visiting professor at Fordham Law School (2011-2012). Prior to that time, he served in such functions as: Director, International Intellectual Property at Microsoft Corporation; Of Counsel to Jones Day’s Beijing office; and Senior Intellectual Property Attaché at the U.S. Embassy in Beijing (2004- 2008). In total, he has over 30 years private, public sector, in-house and academic experience in China and transition economies, with a focus on technology trade and intellectual property.
Cohen was the first IPR Attaché posted by USPTO to handle IPR issues in a foreign country. In addition, he launched the annual “Ambassador’s IPR Roundtable” which he co-chaired for five years, devised IPR “toolkits”, “road shows”, pro-bono programs, internal training programs for the US government and external training programs, and worked with USPTO and other US agencies to engage China and Chinese IP agencies. Cohen led a China team at USPTO consisting of 21 individuals in DC, Beijing, Shanghai and Guangzhou, China on all aspects of USPTO’s activities in China. Among his book-length publications are Antimonopoly Law and Practice in China (Oxford University Press 2011, with Steve Harris et al.). He was also the editor of Chinese Intellectual Property Law and Practice (Kluwer Law International 1999) and has edited or published a number of on-line publications, including the blog www.chinaipr.com.
Mr. Cohen has taught and lectured at numerous universities in the United States, Asia and Europe. Amongst other honors, he was the recipient of the US Chamber of Commerce’s “IP Champion” award in 2014. Mr. Cohen holds a J.D. degree from Columbia University (1984), an M.A. from the University of Wisconsin in Chinese Language and Literature (1979) and a B.A. from the State University of New York at Albany in Chinese Studies (1977).
Partner, Arent Fox LLP
Dave Hanke is a go-to national security lawyer for domestic and foreign companies navigating the Committee on Foreign Investment in the United States (CFIUS) and its implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) – the most sweeping overhaul of CFIUS in 40 years – as well as new export controls on emerging and foundational technologies under the Export Control Reform Act of 2018.
He has assisted large multinational corporations, early-stage technology companies, and venture capital firms on various CFIUS issues, ranging from advising on the CFIUS implications of various transactions to preparing CFIUS filings. In addition, he helps U.S. companies prepare informal submissions to CFIUS to identify problematic foreign investments in their domestic competitors that may raise U.S. national security concerns and that have not already been filed with CFIUS.
Hanke also advises defense contractors and other companies on issues of foreign ownership, control, or influence (FOCI) in accordance with the government’s National Industrial Security Program Operating Manual (NISPOM). He has experience advising clients on security clearance issues, and he helps companies ensure they have in place policies, procedures, training, and systems relevant for access to classified information. Hanke also provides cybersecurity advice and representation to companies that contract with federal agencies.
Principal, Navigators Global
Andy Keiser served 14 years on Capitol Hill for former House Intelligence Committee Chairman Mike Rogers - as Senior Advisor to the Committee, Chief of Staff, and Legislative Director handling all national security policy issues.
As Deputy National Security Senior Advisor to the pre-election phase of the Trump for America transition team, Mr. Keiser prepared and advised the transition's policy, personnel and agency action teams on all aspects of the national security portfolio. This included work in the Departments of Defense, State, Justice, Homeland Security, the Intelligence Community, and the National Security Council.
He was also the head writer for a nationally-syndicated radio program and assisted in the production of the CNN series “Declassified.”
Mr. Keiser has written extensively on intelligence, space and cyber policy, missile defense, Afghanistan, China, Iran, ISIS, North Korea, and Russia. He also helped shepherd six Intelligence Authorization Acts into law and managed Chairman Rogers’ cyber threat sharing legislation, which passed the House twice and the core of which was later signed into law by President Obama.
He has a Bachelor of Arts from Michigan State University and a Master of Arts from the United States Naval War College. He is active on various national security-focused policy projects at the Center for the Study of the Presidency and Congress, where he serves as a Senior Advisor, and at the National Security Institute at George Mason University’s Antonin Scalia Law School, where he serves as a Fellow. He also is a member of the OSS Society and serves on the Meridian International Center’s Global Leadership Council.
Mr. Keiser is currently a Principal at Navigators Global, where he focuses on cybersecurity and other national security priorities. Dubbed a “national security expert” by the Washington Post, Andy is a regular media commentator on national security issues.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Deep Dive Episode 164 – How Will the Biden Administration Handle China's Intellectual Property Practices?
Mark Cohen, Justin Hughes, Brian O'Shaughnessy
Regulatory Transparency Project's Fourth Branch Podcast
The Biden administration faces a variety of issues when it comes to China, from trade...
Deep Dive Episode 142 – The United States-China Relationship and Intellectual Property
Mark Cohen, Paul Redmond Michel, Brian O'Shaughnessy, Randall R. Rader
A Regulatory Transparency Project Teleforum
Recent disputes between the United States and China have focused on trade, but perhaps the...
Chinese Misappropriation of U.S. Technology: Assessing the U.S. Response
Mark Cohen, David Hanke, Andy Keiser, Mark F. Schultz
Chinese targeting and misappropriation of U.S. technology has increasingly been identified as a threat to...