Recent Progress and Persistent Challenges in IP

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A discussion of the current state of IP challenges,  protections, and paths forward to better safeguard U.S. interests and deter IP theft.

The Commission on the Theft of American Intellectual Property (<a href="https://www.nbr.org/program/commission-on-the-theft-of-intellectual-property/" target="_blank" data-msys-clicktrack="0" rel="nofollow noopener noreferrer">IP Commission</a>) was launched in 2012 by the National Bureau of Asian Research (NBR) to track the scale and complexities of intellectual property (IP) theft, the driving forces behind it, and its consequences for the United States. Since its groundbreaking initial report in 2013, the IP Commission has met periodically to issue updates and new recommendations. Most recently, this included <a href="https://www.nbr.org/wp-content/uploads/pdfs/publications/ip_commission_2021_recommendations_mar2021.pdf" target="_blank" data-msys-clicktrack="0" rel="nofollow noopener noreferrer">a memo to the Biden administration</a> highlighting priority actions that should be immediately implemented to better safeguard U.S. IP and promote innovation in the United States. Please join NBR on Monday, March 29, from 2:00 p.m. to 4:30 p.m. ET for a virtual discussion with Admiral Dennis Blair, Ambassador Jon Huntsman, Secretary Madeleine Albright, and other experts on the most pressing IP issues facing the United States today. Panelists will evaluate developments in the regulatory environment, the current state of IP and trade secret theft, and key IP challenges in the Indo-Pacific region. Participants will also discuss and recommend potential policy actions to improve U.S. IP protections, better safeguard U.S. interests, and deter foreign companies from future theft of U.S. IP.<h3>Agenda</h3>2:00 p.m. Welcome Remarks<ul><li>Roy Kamphausen, President, NBR</li></ul>2:10 p.m. Opening Remarks<ul><li>Dennis C. Blair, IP Commission Chair, Knott Professor of the Practice at the University of North Carolina, former commander of the U.S. Pacific Command, and former U.S. Director of National Intelligence</li></ul><ul><li>Jon M. Huntsman, Jr., IP Commission Co-Chair Emeritus, former ambassador of the United States to Russia, China, and Singapore, governor of the State of Utah, and Deputy U.S. Trade Representative</li></ul>2:30 p.m. Panel Discussion: Recent Progress and Persistent Challenges in Protecting IP Moderator: <ul><li>Deborah Wince-Smith, President &amp; CEO of the Council on Competitiveness</li></ul>Panelists: <ul><li>Robert Holleyman, President and CEO, Crowell &amp; Moring International, former Deputy U.S. Trade Representative</li></ul><ul><li>F. Scott Kieff, Professor, George Washington University Law School</li></ul>3:20 p.m. Keynote Remarks<ul><li> Madeleine K. Albright, former U.S. Secretary of State, and Chair, Albright Stonebridge Group </li></ul>3:35 p.m. Panel Discussion: Surveying the Indo-Pacific IP LandscapeModerator: <ul><li>Charles Boustany, Jr., Counselor, National Bureau of Asian Research, former six-term U.S. representative from Louisiana</li></ul>Panelists:<ul><li>Mark Cohen, Distinguished Senior Fellow, University of California at Berkeley </li></ul><ul><li>Ira Shapiro, former USTR General Counsel, and Chief U.S. Trade Negotiator with Japan and Canada, and Senior Advisor, Albright Stonebridge Group </li></ul><ul><li>Elaine Wu, Principal Counsel and Director for China IP, Office of Policy and International Affairs, U.S. Patent and Trademark Office </li></ul>4:25 p.m. Concluding Remarks<ul><li>Roy Kamphausen</li></ul>4:30 p.m. Event Concludes<h3>About the Speakers</h3>Madeleine Albright is Chair of Albright Stonebridge Group and a professor, author, diplomat and businesswoman who served as the 64th Secretary of State of the United States. Dr. Albright received the Presidential Medal of Freedom, the nation’s highest civilian honor, from President Obama on May 29, 2012. In 1997, Dr. Albright was named the first female Secretary of State and became, at that time, the highest-ranking woman in the history of the U.S. government. As Secretary of State, Dr. Albright reinforced America’s alliances, advocated for democracy and human rights, and promoted American trade, business, labor, and environmental standards abroad. From 1993 to 1997, Dr. Albright served as the U.S. Permanent Representative to the United Nations and was a member of the President’s Cabinet. From 1989 to 1992, she served as President of the Center for National Policy. Previously, she was a member of President Jimmy Carter’s National Security Council and White House staff and served as Chief Legislative Assistant to U.S. Senator Edmund S. Muskie. Dr. Albright is Chair of Albright Capital Management LLC, an investment advisory firm focused on emerging markets. She also chairs the National Democratic Institute, serves as the president of the Truman Scholarship Foundation, and is Honorary Co-Chair of the World Refugee Council. Dr. Albright is a seven-time New York Times bestselling author. Her most recent book, Hell and Other Destinations was published in April 2020. Dennis C. Blair is the Knott Professor of the Practice at the University of North Carolina. He previously served as Director of National Intelligence from January 2009 to May 2010. Prior to this appointment, he held the John M. Shalikashvili Chair in National Security Studies with NBR and served as Deputy Director of the Project for National Security Reform. Before retiring from the Navy in 2002, Admiral Blair served as Commander in Chief of U.S. Pacific Command, the largest of the combatant commands. During his 34-year Navy career, he served on guided missile destroyers in both the Atlantic and Pacific fleets and commanded the Kitty Hawk Battle Group. Ashore, he served as Director of the Joint Staff and held budget and policy positions on the National Security Council and several major Navy staffs. Admiral Blair is Chair of the Commission on the Theft of American Intellectual Property, which released the findings of its work in a major report in May 2013, and has since issued several updates. From 2003 to 2006, Admiral Blair was President and Chief Executive Officer of the Institute for Defense Analyses, a federally funded research and development center based in Alexandria, Virginia, that supports the Department of Defense, the Department of Homeland Security, and the Intelligence Community. Charles Boustany Jr., MD, is a Counselor at NBR. Congressman Boustany retired from the U.S. Congress after serving from 2005 to 2017. He represented Louisiana’s 7th Congressional District, which later became Louisiana’s 3rd Congressional District after reapportionment. During his tenure, he served on the House Ways and Means Committee and chaired the Subcommittee on Oversight, the Subcommittee on Human Resources, and the Subcommittee on Tax Policy. He was also a senior member of the Subcommittee on Trade. Congressman Boustany was an acknowledged leader in the areas of trade policy, international tax policy, energy policy, and foreign policy in the U.S. House of Representatives. He co-chaired the U.S.-China Working Group, the U.S.-Japan Caucus, and the Friends of TPP Caucus. Congressman Boustany was a very early promoter of U.S. exports of liquefied natural gas and crude oil. Prior to his election to Congress, Boustany was in the private practice of medicine as a thoracic and cardiovascular surgeon in Lafayette, Louisiana.Mark Cohen joined Berkeley Law in 2017 as a Senior Fellow and Director of the Berkeley Center for Law &amp; Technology’s Asia IP Project. Cohen has over 30 years’ experience as a law firm attorney, in-house counsel, government official, and adjunct and visiting professor of law. He was previously Senior Counsel and Senior Advisor to the Undersecretary of Commerce/Director of the USPTO. He is widely recognized as the leading expert in the U.S. on intellectual property law in China. As Director of the BCLT Asia IP Project, Cohen is working with BCLT sponsors and faculty directors to develop collaborative relationships with academic institutions and other partners in Asia, including organizing workshops, conferences, and other events that bring data-driven insight to the complex IP landscape in China and other Asian fora. Mark hosts the popular blog www.chinaipr.com, serves as an advisor to the IP database iphouse.cn, and has published books and articles on China’s IP system, antitrust law in China, civil and administrative enforcement of IP, and foreign law firms practicing law in China.Robert Holleyman is the President and CEO of Crowell &amp; Moring International and a partner with the law firm Crowell &amp; Moring. He advises clients on trade and investment issues, including cross-border data flows, data privacy, and cybersecurity. He served as Deputy U.S. Trade Representative (USTR), with the rank of ambassador, from 2014 to 2017. In this role, Ambassador Holleyman led the creation of the Digital Trade Working Group and developed USTR’s “Digital2Dozen” measures that supported a free and open internet in Asia. He was responsible for handling USTR’s negotiations with China through the Joint Committee on Commerce and Trade, with India through the U.S.-India Trade Policy Forum, and with APEC and other Asian regional institutions. He also served as USTR’s representative to the Committee on Foreign Investment in the United States (CFIUS), as well as on the board of the Overseas Private Investment Corporation (OPIC). Prior to joining USTR, Ambassador Holleyman served as senior counsel for the U.S. Senate Committee on Commerce, Science, and Transportation; legislative director and assistant to Louisiana Senator Russell B. Long; and judicial clerk for District Court Judge Jack M. Gordon.Jon M. Huntsman Jr. began his career in public service as a staff assistant to President Ronald Reagan. He served each of the five following U.S. presidents since then in critical roles around the world, including as the Ambassador to Singapore, Deputy Assistant Secretary of Commerce for Asia, U.S. Trade Ambassador, U.S. Ambassador to China, and most recently, U.S. Ambassador to Russia. In all Senate confirmations, he received unanimous votes. Twice elected governor of Utah, Governor Huntsman brought about strong economic and tax reforms, tripled the state’s rainy-day fund, and helped bring unemployment rates to historic lows. Historically Huntsman was one of Utah’s most popular governors, reaching approval ratings as high as 90 percent. During his tenure, Utah was named the best-managed state in America and ranked number one in the nation in job growth. Recognized by others for his service, Governor Huntsman was elected as Chairman of the Western Governors Association, serving nineteen states throughout the region. Ambassador Huntsman was a candidate for the Presidency in 2012 where he ultimately placed third in the New Hampshire primary before bowing out. Previously he served as Chairman of the Atlantic Council and served as a distinguished fellow at the Brookings Institute. He was recently inducted into the American Academy of Diplomacy and was appointed as the chair of World Trade Center Utah (WTC Utah) in January 2021. Roy Kamphausen is President of NBR. As a specialist on a range of U.S.-Asia issues, he has led and contributed substantively to NBR’s research initiatives and has served as author, contributing author, or co-editor to numerous publications. His areas of expertise include China’s People’s Liberation Army, U.S.-China defense relations, East Asian security issues, innovation, and intellectual property protection. Prior to joining NBR, Mr. Kamphausen served as a career U.S. Army officer. He holds a BA in political science from Wheaton College and an MA in international affairs from Columbia University. He studied Chinese at both the Defense Language Institute and Beijing’s Capital Normal University.F. Scott Kieff joined the faculty at the George Washington University Law School in 2009, and was named Fred C. Stevenson Research Professor in the fall of 2012. In 2013 he was nominated by President Barack Obama to serve as a Commissioner of the U.S. International Trade Commission (USITC). In 2017, he retired early from his post at the Commission and returned to teaching at GWU law school. Before starting at the USITC, he was the Ray &amp; Louise Knowles Senior Fellow at Stanford University’s Hoover Institution, where he served as Director and a Member of the Research Team of the Hoover Project on Commercializing Innovation. Prior to that he practiced law as a trial lawyer and patent lawyer as an associate for Pennie &amp; Edmonds in New York, an associate and counsel for Jenner &amp; Block in Chicago, and as a Principal for McKool Smith in D.C. He also has served as an advisor to high-level government offices during the Bush, Obama, and Trump presidential administrations on national security and economics.Ira Shapiro is a Senior Advisor with Albright Stonebridge Group’s East Asia &amp; Pacific practice, where he assists clients in formulating trade and investment strategies in Japan, across Asia, and globally. A specialist in trade law and policy, he has extensive experience serving clients in and from Japan. Ambassador Shapiro served as Chief U.S. Trade Negotiator with Japan and Canada, and as General Counsel in the Office of the U.S. Trade Representative during the Clinton administration. In these roles, he was centrally involved in completing the negotiations of the North America Free Trade Agreement (NAFTA) and the multilateral Uruguay Round, and successfully resolved contentious bilateral disputes between the U.S. and Japan on automobiles and semi-conductors. As a partner at the international law firm Greenberg Traurig, Mr. Shapiro advised clients on international trade matters, market access, and intellectual property rights. He also played a key role in the legal team that won two landmark victories in World Trade Organization (WTO) cases against China, representing the U.S. motion picture, recording, and publishing industries. Mr. Shapiro served twelve years in senior staff positions in the U.S. Senate. A veteran of American politics, Mr. Shapiro is the author of The Last Great Senate: Courage and Statesmanship in Times of Crisis, a critically acclaimed narrative history of the U.S. Senate in the late 1970s.Deborah Wince-Smith is President &amp; CEO of the Council on Competitiveness, a non-partisan leadership coalition of CEO's, University Presidents, Labor Union Leaders, and National Laboratory Directors, all committed to developing policy solutions and national initiatives to drive future productivity growth, prosperity for all Americans, and the global success of American business. She has more than 20 years of experience as a senior U.S. government official, as the first Senate-confirmed Assistant Secretary for Technology Policy in the U.S. Department of Commerce in the Administration of President George H.W. Bush, and as the Assistant Director for International Affairs in the White House Office of Science and Technology Policy in the Reagan Administration. She served as a Senate confirmed member of the Oversight Board of the Internal Revenue Service in the Administrations of President George W. Bush and President Barack H. Obama. Ms. Wince-Smith currently serves as a Commissioner on the Commission on the Theft of American Intellectual Property (IP Commission), as a member of Purdue University's Strategic Research Advisory Council, and as a member of the Council of Japan's Science and Technology in Society Forum. As an expert in technology commercialization, Ms. Wince-Smith serves on the Board of Directors of Aerolase, Inc., NanoMech, Inc., and Q-Net Security, Inc.Elaine Wu is the Principal Counsel and Director for China IP at the Office of Policy and International Affairs in the U.S. Patent and Trademark Office (USPTO). In that capacity, Ms. Wu is responsible for leading the USPTO’s China Team, a dedicated group of attorneys with expertise on China’s intellectual property system. The China Team works with other branches of the U.S. government to develop policy focused on improving China’s IP environment for the benefit of U.S. companies doing business there. The China Team also conducts extensive outreach to U.S. companies to educate them on how to protect and enforce their IP in China. Prior to coming to the USPTO, Ms. Wu worked as a patent litigation associate at Howrey, Simon, Arnold and White in Washington, D.C. Ms. Wu has also worked at the International Trade Commission’s Office of Unfair Import Investigation, where she handled legal issues relating to Section 337 of the Tariff Act of 1930, and at the Office of the U.S. Trade Representative’s Office of China Affairs. Ms. Wu received her law degree from the Washington College of Law at the American University in Washington D.C. She holds a B.S. with honors from the University of Florida.

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