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Intellectual Property Rights: Measuring Global Protection and Quantifying Economic Loss

January 14, 2022 | 9:00am to 4:00pm  (EST) | Virtual Event 

Panelist Biographies 

Session 1: IPR protection measurements: What has been done; what still needs to be done?

Tony Chen is a partner at Jones Day Shanghai office and Chairman of the Bayhelix Group, a network of senior executives, investors, and professional service providers in the cross-border China life science industry. Tony represents life science companies in protecting IP under China’s nascent pharmaceutical patent linkage system.  He assists them with procuring patents, negotiating license agreements, and enforcing intellectual property rights in Chinese courts.  He advises venture capital investors on mitigating IP risks associated with investing in Chinese biotechnology companies. He acts for Chinese biotechnology clients in licensing technology and creating IP assets on a worldwide basis. Tony promotes the enhancement of pharmaceutical IP protection in China as a member of the U.S.-China IP Cooperation Dialogue organized by the U.S. Chamber of Commerce and Renmin University of China.

Walter Park is a professor of economics and the Associate Dean for Graduate Studies in the College of Arts and Sciences at American University.  He is also a special sworn employee at the U.S. Bureau of Economic Analysis, Department of Commerce. His areas of research focus on international intellectual property rights and their impacts on innovation, licensing, and foreign direct investment, as well as on international R&D spillovers, open innovation, and mergers. He has produced indexes of patent rights across countries and over time, published in Research Policy 2008 (https://www.sciencedirect.com/science/article/abs/pii/S0048733308000231). The data are available online.

Nikolaos Papageorgiadis holds a Chair in International Business at the University of Liverpool (UK). Nick’s research focuses on the measurement of patent and IP enforcement strength worldwide and its effect on international business phenomena, the international business strategies of firms and managerial decision making. Nick’s academically published research, such as the Patent Enforcement Index 1998-2017, has a documented impact on the work of in-house patent managers (e.g. data used to inform international patent filing decisions), external patent attorneys (e.g. used to educate clients about patent enforcement risks) and policy makers (e.g. used to evaluate national patent enforcement strength and develop evidence informed policies) in 19 countries globally. Nick has received multiple Teaching Innovation and Excellence awards related to student engagement and technology enhanced learning for his delivery of international business, business strategy, and IP management courses and presentations to diverse academic and practitioner audiences.

Jean-Frédéric Morin is Canada Research Chair in International Political Economy and Full Professor at the Political Science Department of Université Laval (Québec City, Canada). He is also Senior Fellow at the Centre for International Governance Innovation (CIGI). His research looks at the international institutions that govern the globalization process. He is particularly interested in how these institutions innovate, interact and evolve in the field of intellectual property. 

Dan Prud'homme is an associate professor at EMLV Business School (Paris, France) and a research associate at Duke University's China campus. Previously, for a year after his doctoral studies, Dan was a visiting fellow at University of Oxford (UK). Prior to joining academia, Dan worked in the US legislature and then for a decade in the private sector in Beijing and Shanghai, China – specializing in intellectual property, innovation, and international trade management. Dan has consulted for the World Bank, European Union Intellectual Property Office (EUIPO), Chinese Academy of Sciences, China's State Intellectual Property Office (now CNIPA), the European Commission, and other organizations. Dan holds a PhD from Macquarie Graduate School of Management (Sydney, Australia) and graduate degrees in law and public policy. His research focuses on intellectual property, innovation, strategy, and international business – especially in China and the Asia Pacific, Europe, and the US.  

Meir Pugatch is an IPKM Professor of Valorisation, Entrepreneurship and Management at the University of Maastricht in the Netherlands; as well as a Professor at the School of Public Health, University of Haifa in Israel, in which he acts as the Chair of the Health Management Division since 2019. Prof. Pugatch is also the Managing Director of Pugatch Consilium – a boutique consultancy that provides evidence-based research, analysis and intelligence on the fastest growing sectors of the knowledge economy. He specializes in innovation strategies, organizational entrepreneurship, intellectual property management, pharmacoeconomics, pricing and reimbursement, and the management of public health systems. He is the author and editor of an extensive number of publications and serves as a referee and editorial board member of numerous peer review journals.

Mark Schultz is a professor at the University of Akron School of Law, where he is the Goodyear Tire & Rubber Company Endowed Chair in Intellectual Property Law and Director of the IP & Technology Law Center. His research concerns the law and economics of the global intellectual property system, focusing particularly on trade secret law. He worked with the Organization for Economic Cooperation and Development (OECD) to co-author a groundbreaking global trade secret protection index (the TSPI). The TSPI is being used to frame policy discussions on this cutting-edge topic in capitals around the world.   

Professor Schultz is frequently called on to help governments and international organizations with IP policy and capacity building. He currently serves as a member of the U.S. Chamber of Commerce’s U.S.-India IP Cooperation Dialogue. He has testified before the U.S. Congress and spoken at programs hosted by the World Intellectual Property Organization (WIPO), the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous universities, think tanks, and industry groups.  

Moderator

Ani Harutyunyan is a Scholar at the Sunwater Institute. She conducts research on innovation policy, focusing on the measurements of intellectual property rights and advocating for data-driven public policies. Ani is also Edison Innovation Law and Policy Fellow at the Center for Intellectual Property x Innovation Policy at George Mason University, Antonin Scalia Law School. Dr. Harutyunyan holds a PhD degree in Economics and published in a variety of peer-reviewed academic journals, including Economics Letters, Comparative Economic Studies, Eurasian Economic Review, International Migration Review, European Journal of Development Research, and Proceedings of the National Academy of Sciences.

Session 2: Global IP infringement: Quantifying the loss to the US economy. 

Piotr Stryszowski is Senior Project Manager at the OECD Public Governance Directorate in charge of the Task Force on Countering Illicit Trade. As the manager of the Task Force, Piotr supervises factual research on the magnitude and scope of illicit trade and on governance solutions to counter this threat. To advance the Task Force's goals, Piotr works together with delegates from OECD member countries, industry, academia, and other international organizations. With more than 15 years at the OECD, Piotr also has profound experience in several economic policy areas other than illicit trade, such as innovation, intellectual property rights, and the Internet economy. Piotr holds a Ph.D. in Economics from Tilburg University (the Netherlands)

Robert Gmeiner joined the Sunwater Institute in June 2018.  He holds an M.S. and Ph.D. in economics from Florida State University and a B.A. in economics and Russian from Wake Forest University.  Robert’s areas of expertise include public choice, regulatory economics, industrial organization, and time series statistics. His work has been published in the Review of Austrian Economics, Journal of Public Finance and Public Choice, and Constitutional Political Economy.

Andrea Andrenelli is a Trade Policy Analyst at the Trade and Agriculture Directorate, Organisation for Economic Cooperation and Development (OECD). During his time at the OECD, Andrea co-led research activities on forced technology transfer and market distortions in high-tech industries. His current work focuses on the impact of new technologies and digitalisation on international trade flows and trade governance. He holds a Master of Science in International Economic Policy from Sciences Po University in Paris and a Bachelor’s degree in Politics, Philosophy and Economics from LUISS Guido Carli University in Rome.

Jeffrey Hardy is the Director-General of the Transnational Alliance to Combat Illicit Trade, where he manages a unique multi-sector business approach to combatting illicit trade. Before joining TRACIT, he served as the Director of the International Chamber of Commerce’s Business Action to Stop Counterfeiting and Piracy (BASCAP), where he united the global business community to fight illicit trade in the forms of trademark counterfeiting and copyright piracy. From 2010-2017, he also served as Director of the ICC G20 CEO Advisory Group, where he coordinated international business priorities on the G20 policy agenda related to trade, investment and anti-corruption. Jeff has long been an advocate for open and fair trade, and to achieve these goals he mobilizes expertise from companies and business organizations. As President of IDA Consulting, Jeff has worked with dozens of international trade associations to help them more effectively navigate key policy arenas and gain from emerging legislative and regulatory regimes. From 1985 to 1998, Jeff worked for the U.S. Department of Energy, where he held positions as International Energy Economist and Director of the U.S. Clean Cities program. He holds a Master of Public Administration and Policy from George Mason University, a Bachelor of Science in Economics from Illinois State University and an Honorary Degree for Energy Policy from the Oxford College of Petroleum Studies. In 1992, he was awarded the U.S. Secretary of Energy's Silver Medal for his meritorious service during the Gulf War

Stephen Ezell is Vice President, Global Innovation Policy at the Information Technology and Innovation Foundation (ITIF), a Washington-DC based science, technology and economic policy think tank that has been ranked the world’s leader in that space for three years running by the University of Pennsylvania Global Go To Think Tank Index. ITIF’s mission is to advocate for public policies, laws, and regulations that drive innovation-based economic growth in countries thought the world. Ezell focuses on science, technology, and innovation policy as well as international competitiveness, trade, and manufacturing policy issues. Mr. Ezell has testified on topics including U.S. competitiveness, innovation, manufacturing, and trade policy before the U.S. Congress and the U.S. International Trade Commission. His articles have appeared in Forbes, The Hill, Roll Call, The Futurist, and The International Economy, among others. Mr. Ezell came to ITIF from Peer Insight, an innovation research and consulting firm he co-founded in 2003. He previously worked in the new product development group at NASDAQ. Mr. Ezell holds a B.S. from the School of Foreign Service at Georgetown University, with an Honors Certificate from Georgetown’s Landegger International Business Diplomacy (IBD) program.

Moderator

Matthew Chervenak is an entrepreneur and investor in healthcare, data, real estate, and public policy. Matthew is founder and President of the Sunwater Institute. He is a founder and General Partner of Sunwater Capital, an investment firm focused on real estate, healthcare, and data in the United States and China and of GBI, a Shanghai-based intelligence company serving the pharmaceutical and medical device industries. Prior to his entrepreneurial and investment activities, Mr. Chervenak worked as a strategy consultant and conducted neuroscience research.

Luncheon Discussion

Discussants

Robert Merges joined the Berkeley Law faculty in 1995. Before joining the faculty, Merges was a faculty member at Boston University School of Law and served as a visiting professor at Harvard Law School. He has also been a Visiting Professor at Stanford Law School. Merges has authored or coauthored five books, (1) Patent Law and Policy: Cases and Materials; (2) Intellectual Property in the New Technological Age; (3) Legal Protection for Computer Technology; (4) Trademarks, Unfair Competition and Business Torts; and (5) Justifying Intellectual Property. He has also edited six other books. Merges is a co-founder and co-Faculty Director of the Berkeley Center for Law and Technology, cornerstone of Berkeley Law’s intellectual property program, rated number one among IP programs by USNews in 12 of the past 13 years. In addition to teaching and research projects, Merges is a co-founder and former Managing Director of Ovidian LLC, a Berkeley-based consulting and informatics company specializing in assessing and valuing patent portfolios.

Chief Judge Paul R. Michel (ret.) 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. 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.

Moderator

Su Li is currently a patent litigator at Fenwick & West LLP. She obtained a JD from UC Berkeley Law School, with a certification in technology law.  She received her PhD in Sociology and Master’s degree in Mathematical Methods For Social Sciences, both from Northwestern University. Before law school, Dr. Li worked as a statistician/research methodologist at UC Berkeley Law School and later as a research director at UC Hastings, college of the law. Before that she was an assistant professor of Sociology at Wichita State University.  Dr. Li is experienced in conducting empirical legal research using quantitative and qualitative methods. Her specialization includes research design, survey methods, data management, statistical modeling, and data analysis.

Session 3: Data-driven international trade policy.

Panelists

Keith Maskus is Arts and Sciences Professor of Distinction in Economics at the University of Colorado, Boulder. He was Chief Economist of the US State Department from 2016 to 2017 and a Lead Economist at the World Bank in 2002. He has served as a Research Fellow at the Peterson Institute for International Economics and a consultant for the World Bank and the World Intellectual Property Organization. Maskus received his Ph.D. from the University of Michigan. He has written extensively about various aspects of intellectual property rights, international trade and investment, and technology.

Congressman Charles W. Boustany Jr., MD, is a Counselor for the National Bureau of Asian Research. 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, Congressman Boustany was in the private practice of medicine as a thoracic and cardiovascular surgeon in Lafayette, Louisiana.

David J. Kappos is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation‑based assets. Mr. Kappos supports the Firm’s clients with a wide range of their most complex intellectual property issues, including those pertaining to blockchain and financial technology (FinTech) as well as data security and privacy.

Marco Aleman has  been  dedicated  to  the  protection  and development  of  intellectual  property  for  over  30 years. He is a dedicated expert and scholar, who is committed to understanding the changing IP climate, and has extensive experience in multilateral negotiations.  Marco  has  assisted  countries  indifferent  regions  throughout  the  world  in  drafting their  IP  laws  and  policies,  and  he  is  a  dedicated WIPO  international  civil  servant  helping  to  solve global and national issues.

Adela Hurtado is an animator, photographer, and lawyer. In the 6th grade, she read “Romance of the Three Kingdoms”, falling in love with the novel and Chinese literature. Since then, she has earned her B.A. from New York University and her J.D. from Fordham University School of Law, specializing in international law and East Asian Studies and studying abroad twice in Shanghai. As a lawyer, she worked on public interest and human rights issues with non-profit organizations, governments, and the United Nations. As an artist, she has developed multiple photography projects in China and Peru, such as The Colors of Trujillo, a project on her family's hometown. She is currently working on films as a 2D animator and production designer on animated and live-action films and attending classes as part of her Masters in China Studies program at the Yenching Academy of Peking University, where she is focusing on the Chinese and Latin American animation industries and animation government policies for her Master's thesis.

Moderator

Mark Cohen joined Berkeley Law in 2017 as a Senior Fellow and Director of BCLT’s Asia IP Project. With over 30 years’ experience as a law firm attorney, in-house counsel, government official, and adjunct and visiting professor of law, Cohen 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.