OCTOBER 2008
Politics and IP in China explained
IP protection in China remains a controversial and politicised issue. Mark Cohen looks back at his four years working as IP attaché at the US Embassy in Beijing
| One-minute read |
| Mark Cohen, Mandarin speaker and Chinese law scholar, is what the Chinese call a "lao Zhongguo tong": an old China hand. He earned a bachelors and masters degree in Chinese studies in the US in the late 1970s before graduating from Columbia Law School where he took specialized course work in Chinese law. After working as attorney-adviser in the USPTO Office of International Relations' Cohen was appointed to serve as IP attaché to the US embassy in Beijing in 2004. During his four years at the Embassy his role grew in importance and by the end he was managing a team of 11. In dealing first hand with American and Chinese businessmen and politicians, Cohen saw the problems of miscommunication and unrealistic expectations and the impact of the WTO case on bilateral ties. But he also saw the extent of China's commitment to improving its IP regime and sets out reasons to be hopeful about the future. |
In September 2004, I was appointed the first US IP attaché to China, representing the US Patent and Trademark Office at our Embassy in Beijing. Many Americans viewed my task as enormous. The Wall Street Journal titled the article on my appointment "Sisyphus in China". The Chinese press was less voluble about the challenges but seemed intrigued with the concept, noting that I was an "old China hand" and inquiring about my plans to develop the office further. Some on both sides of the Pacific questioned the political ramifications and possible ulterior motives of my appointment. Technology webzine Red Herring, for example, called me "Hollywood's Baby Sitter". Industry representatives were among my strongest allies. Contrarians also had legitimate concerns about the expense of the programme in an agency that is funded by user fees derived from patent and trade mark applications. If it were not for the support of industry as well as Secretary Gutierrez, Ambassador Randt and Under Secretary Jon Dudas, I doubt my position would have been sustained.
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