Briefing: USPTO’s China IP Legislation and Case Law Update

Tuesday, August 30, 2022 | 11:00 AM - 12:00 PM ET
Online, Via Zoom


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China drafted or implemented several IP-related measures and decided several key cases in 2022. This 90-minute briefing will provide an opportunity for AAFA members to get access to a unique and concise source of information, unlikely to be found elsewhere, including segments on trademarks, patents, copyrights, trade secrets and IP enforcement, including counterfeiting. This will also include a discussion recent efforts to address bad faith trademarks in and originating from China. These topic-specific segments will be led by senior USPTO attorneys with extensive China IP experience and will include an opportunity for members to ask questions of the USPTO experts, including several former IP China-based USPTO Attaches. 

USPTO Speakers:

Michael Mangelson, Principal Counsel and Director for China Intellectual Property
Elaine T. L. Wu, Principal Counsel and Director for China Intellectual Property
David Foley, Attorney Advisor, Enforcement Team in the Office of Policy and International Affairs
Conrad Wong, Attorney Advisor with the China Team in the Office of Policy and International Affairs
Jennifer Chicoski, Attorney Advisor in the Office of Policy and International Affairs
Larry Lian, Senior Attorney with the China team at the Office of Policy and International Affairs
Neil Graham, Senior Copyright Attorney Office of Policy and International Affairs
Mike Diehl, Senior Attorney on the China Team in the Office of Policy and International Affairs

Michael Mangelson
joined the USPTO as principal counsel and director for China IP in 2020 after serving one year as senior counsel for China IP and five years as the U.S. IP attaché in Shanghai. Michael leads a team in advocating U.S. IP interests, policies, and initiatives in China and works closely with right holders on IP protection and enforcement issues. He advises and coordinates with U.S. government agencies and China counterparts to resolve IP issues, promote U.S. IP policy, encourage effective IP protection and enforcement in China, and secure high IP standards in trade agreements and China IP laws. Michael joined the public sector after 20 years of experience as a nationally recognized IP practitioner, strategist and former head of the China Practice group and Technology and Intellectual Property group for U.S. law firm Stoel Rives in Salt Lake City; He previously was with Morrison & Foerster in Los Angeles and Hong Kong, and Jones Day in Taiwan. Michael holds a J.D. from Brigham Young University Law School and is fluent in Mandarin Chinese, with a U.S. Foreign Service Interagency Language Roundtable (ILR) rating of 4/4, full professional proficiency.

Elaine T.L. Wu is the senior counsel for China 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 (IP) 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. She is licensed to practice law in the District of Columbia.

David Foley joined the Enforcement Team of the Office of Policy and International Affairs, U.S. Patent and Trademark Office (USPTO), in 2020.  His policy portfolio includes the full range of IP enforcement issues in China, and he advises on trade secret, OECD, and a litany of other matters.  In his current role, he works with industry and advises USPTO leadership and government colleagues regarding enforcement developments, conducts outreach to support industry, and consults with foreign government counterparts on capacity building. From 2014 until he joined the USPTO in 2020, Mr. Foley was a trial attorney in the Civil Division of the United States Department of Justice.  He served as lead counsel in numerous intellectual property disputes, including representations before administrative agencies and trial and appellate courts.  In that role, he also counseled agencies on intellectual property legal issues.  From 2018 to 2020, Mr. Foley was detailed from the Department of Justice to the Executive Office of the President, where he was a senior policy advisor and deputy in the Office of Trade and Manufacturing Policy. While at the White House, he advised on a wide range of international and domestic policy issues, including trade and intellectual property, and helmed the development and issuance of multiple executive orders.  From 2012 to 2014, Mr. Foley was an attorney advisor in the Office of the Administrative Law Judges at the U.S. International Trade Commission, where he provided subject matter expertise in trade secret, patent, and copyright Section 337 Investigations.  Prior to 2012, he was in private practice, where he represented corporate clients in intellectual property matters before district courts and administrative agencies. Mr. Foley has a JD from Cornell Law School, and a BS in Electrical Engineering from Georgia Tech.

Conrad Wong is an Attorney-Advisor with the China Team in the Office of Policy and International Affairs at the Patent and Trademark Office in Alexandria, Virginia.  He specializes in American and Chinese intellectual property law and enforcement matters, helps formulate and promote U.S. intellectual property policy, and works with rights holders to protect their intellectual property assets. From 2007 to 2012 and again from 2019 to 2022, he represented the Patent and Trademark Office as the Intellectual Property Officer with the United States Consulate General in Guangzhou, China.  He was responsible for American intellectual property issues in southern and southwestern China as well as the Special Administrative Regions of Hong Kong and Macao. He has 29 years of experience in intellectual property matters, representing the United States Government and the private sector.  In 1993, he joined the Patent and Trademark Office as a Trademark Examiner, became a Senior Attorney, and then joined the Office of Policy and International Affairs.  Prior experience includes clerking at a Maryland state trial court, and litigation practice in insurance defense matters in Washington, D.C.  He has served as a government relations representative for a trade association, representing the automotive and vehicle aftermarket industry. A native of Palo Alto, California, he is a graduate of The Johns Hopkins University and Georgetown University Law Center.  Fluent in Cantonese, he is admitted to practice law in the District of Columbia and the State of Maryland.

Jennifer D. Chicoski is an attorney advisor in the United States Patent and Trademark Office (USPTO) Office of Policy and International Affairs (OPIA) working toward improvements to the international intellectual property infrastructure.  Ms. Chicoski focuses on Trademarks and Geographical Indications, and serves on the Latin American and China Teams of OPIA.  Her responsibilities include development and direction of guidance on international and domestic trademark policy, providing technical advice and guidance and supporting trade and treaty related activities of the U.S. government. In addition to training and supporting bilateral, multilateral and international meetings, and she consults on a variety of substantive trademark prosecution, maintenance and operations issues. Previously, Ms. Chicoski served as the Administrator for Trademark Examination Policy & Procedure in the USPTO’s Office of the Commissioner for Trademarks and the Administrator for Trademark Classification Policy & Practice unit, overseeing staff attorney advisors in the areas of Trademark Petitions to the Director, Trademark Examination Policy and International Trademark Classification. Ms. Chicoski has provided technical advice to the USPTO’s delegation to the Legal Development Working Group for the Madrid System at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.  She has attended several sessions of the Working Group on the Legal Development of the Madrid System, the Standing Committee for Trademarks, Geographical Indications and Industrial Designs, and meetings of the Committee of Experts of the Nice Agreement on Classification of Goods and Services. Ms. Chicoski holds both a bachelor’s of science in business administration and a juris doctorate from Georgetown University, and is a member of the bars of the states of Maryland and Florida and the Commonwealth of Virginia. 

Larry Lian provides legal and policy advices on domestic and international IP issues, particularly on licensing, patent and pharmaceutical issues. Larry also manages the China Resource Center, which was established under the USPTO’s 2014-2018 Strategic Plan to develop and advocate empirical data analysis to guide USPTO initiatives and policy recommendations. Before joining the USPTO Larry was in private practice for five years with Syncoda and Foley Lardner. Larry’s practice focused on patent law as well as food and drug law. Before his private practice, Larry also worked as a student law clerk for Judge Franklin Van Antwerpen of the Third Circuit and Judge Paul Tressler of the Pennsylvania Court of Common Pleas. Prior to switch his career into law Larry worked as a scientist with three leading biopharmaceutical companies, Myriad Genetics, Cytogen/Jazz Pharmaceuticals and Barr/Teva Pharmaceuticals. At these companies Larry was responsible for research and development of new drug targets and new drugs, as well as presenting clinical trial analysis for FDA approval. Larry has co-authored a number of scientific papers in leading journals such as Cancer Research. Larry holds a Juris Doctor degree from Temple University School of Law and a Master of Science degree in biology from Nankai University in China.

Neil Graham is a Senior Attorney on the Copyright Team and the China Team in the Office of Policy and International Affairs (OPIA) at the USPTO. He has been a member of the China Team since 2012, where his work has included drafting and coordinating U.S. government comments on China’s copyright law amendments, participation in the IPR Working Group of the U.S.-China Joint Commission on Commerce and Trade (JCCT) (2011-2016), and service as a copyright advisor during the U.S.-China negotiations that resulted in the U.S.-China Phase One Agreement in 2020. Outside of China, his portfolio has included implementation of many Free Trade Agreements (CAFTA-DR, Peru, Colombia), copyright modernization in Canada (2010-2013), and the renegotiation of NAFTA and Mexico’s implementation of its USMCA obligations (2017-2020). He received the Director’s Award for his work on NAFTA along with other members of the OPIA NAFTA Team. He has also provided litigation support to the USPTO’s Solicitor’s Office on major copyright cases and served a detail in the Office of General Counsel at the Office of the U.S. Trade Representative (2013-2014). Before joining the USPTO, Neil worked two years at the U.S. Copyright Office, and for six years in private practice where he provided advice to non-profit trade association clients on copyright and trademark matters. He holds a Juris Doctor and an LL.M degree in Intellectual Property from the Antonin Scalia Law School, a master’s degree from the University of Virginia, and is a member of the Virginia State Bar.

Mike Diehl is a Senior Attorney on the China Team in the Office of Policy and International Affairs at the USPTO.  The intellectual property chapter of the Economic and Trade Agreement between the Government of the United States and Government of the People’s Republic of China has been a major focus of Mike’s work in recent years.  Mike has helped develop and articulate U.S. government positions in bilateral engagements on China’s implementation of its commitments as to trade secrets and other matters.  Separately, Mike has also provided USPTO leadership policy advice on China’s treatment of standard essential patents.  Mike co-authored USPTO publications entitled Patenting activity by companies developing 5G technologies (Feb. 2022) and Trademarks and patents in China:  The impact of non-market factors on filing trends and IP systems (Jan. 2021).  Mike regularly meets with right holders on these and other issues. Prior to joining USPTO, Mike served as Senior Director for Innovation and Intellectual Property in the Office of the United States Trade Representative (USTR).  At USTR, he participated extensively in trade negotiations with China and other countries, and represented the United States at meetings of the Asia-Pacific Economic Cooperation.  Prior to USTR, Mike served at the United States International Trade Commission (USITC) in the Office of the General Counsel and then as an Advisor to Chairman Shara L. Aranoff.  Among other duties, Mike represented the USITC before U.S. courts and dispute settlement panels established under the World Trade Organization and the North American Free Trade Agreement.  Prior to government service, Mike represented clients in international trade and civil litigation matters in private practice in Washington, D.C. and Miami, Florida. Mike holds an LLM in Intellectual Property Law from the George Washington University Law School, a JD from the University of Miami School of Law, and a BA from Emory University.

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Jennifer Scoggins Hanks