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Jennifer Harris
jharris@clovisinc.com
312.346.1700
CHICAGO – Four attorneys from Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., participated in the .jpg)
Third Annual Sino-U.S. Moot Court of Intellectual Property, in early June at the China Intellectual Property Training Center in Beijing. Brinks was the corporate sponsor.
"The Sino-U.S. Moot Court is a significant opportunity to learn first-hand about differences between Chinese and U.S. intellectual property law," noted William H. Frankel, one of four Brinks attorneys to participate in the program. "Given the significance of both the U.S. and China in the marketplace of inventions, we need to increase our mutual understanding of each country's legal system."
The moot court event takes a common set of facts and presents them in a litigation simulation. The simulation is designed to give each country the opportunity to demonstrate its legal system’s handling of the same case. In previous years, the subject has been patent infringement and trademark infringement.
This year's trial simulation focused on copyright infringement of software development. The defendant, a former owner and the primary source code developer for the plaintiff, was accused of infringing on plaintiff’s copyright, when the defendant delivered to the plaintiff’s former client updated and revamped source code to replace an earlier version of the plaintiff’s software product. In the American simulation, Brinks attorneys Frankel and Harold V. Johnson represented the plaintiff; Laura Beth Miller and Michael P. Chu represented the defendants. Yuanlin Shen, a Brinks scientific advisor, also participated.
In the American trial, the jury decided for the defendants. In the Chinese trial, the judicial panel found in favor of the plaintiff. This was one of many differences highlighted during the event.
The Third Sino-U.S. Moot Court was attended by numerous U.S. and Chinese legal officials, including Dr Jiang Zhipei, former chief judge of the IPR Tribunal, Supreme People’s Court (SPC); Presiding Judge Liu Jixiang, Beijing High People’s Court; Judge Li Dongtao, IPR Tribunal, SPC of Beijing, Haidian District; and Chief Judge James F. Holderman, U.S. District Court for the Northern District of Illinois.
Other Chinese officials in attendance included Dai Shanpeng, Commissioner, Trademark Office (CTMO) of China's State Administration of Industry and Commerce (SAIC); Yan Chong, Vice Director, China's Intellectual Property Center; Zou Jianhua and Tang Zhaozhi, Vice Directors, Copyright Protection Center of China.
Also in attendance were high-level representatives of the Beijing Bar Association; the Patent and Trademark Office of China Council for the Promotion of International Trade; and the China Trademark Association. The Institute for International Intellectual Property at Peking University was represented by Dr. Zhang Guangliang, Managing Associate Director, and professors Paul C.B. Liu and Zheng Shengli, Co-Directors of the Institute.
For the past three summers, The John Marshall Law School and the Institute for International Intellectual Property of Peking University have hosted a unique moot court event that highlights the similarities and differences in the intellectual property laws of China and the U.S. The event, which is the highlight of a month-long comparative law program sponsored by JMLS and Peking University, draws the attention of judges, attorneys and legal scholars from both countries. This year’s program took place at China’s State Intellectual Property Training Center (SIPO), with the Copyright Protection Center of China assisting in the planning of the event.
Brinks Hofer Gilson & Lione is one of the largest intellectual property law firms in the United States and serves the intellectual property needs of clients around the world. Brinks has more than 170 attorneys, scientific advisors and patent agents who specialize in intellectual property litigation and all aspects of patent, trademark and copyright law. The firm also advises on issues relating to intellectual asset management, trade secret, unfair competition, and technology and licensing agreements. Brinks routinely handles assignments for companies in the electrical, chemical, and mechanical engineering sectors; the biotechnology, pharmaceutical and nanotechnology industries; and for companies whose work relates to Internet and computer technology law. The firm’s trademark practice works on behalf of clients who deal in a wide variety of products and services. Founded in 1917, Brinks is based in Chicago and has five additional offices across the country, including its new office in Washington DC. More information is available at www.usebrinks.com.
