USPTO Webinar Highlights Evolving Trade Secret Protections for U.S. Businesses in China

The United States Patent and Trademark Office (USPTO) recently conducted a free, two-hour webinar aimed at U.S. businesses, inventors, and intellectual property rights holders engaged in China. The event provided an in-depth examination of trade secret protection and enforcement within China’s dynamic intellectual property environment.

Presenters included senior USPTO attorneys alongside practitioners and executives from the private sector, all bringing extensive experience in China-related IP matters. The discussion centered on recent developments in trade secret law and enforcement mechanisms in China, particularly those influenced by the U.S.-China Phase One trade agreement.

A key feature of the webinar was a practical case study illustrating how these legal changes are expected to affect U.S. business interests operating in China. This approach offered attendees actionable insights into navigating the complex IP landscape.

Among the featured speakers was Mr. Diehl, who served as Senior Director for Innovation and Intellectual Property at the Office of the United States Trade Representative from 2012 to 2019. His portfolio included IP-related trade negotiations with China, Taiwan, Korea, and other global partners, focusing on standards, licensing, and incentives. Prior to that, Mr. Diehl worked at the U.S. International Trade Commission from 1996 to 2012, engaging in Section 337 investigations and defending USITC determinations before courts and international trade panels. He holds an LLM from George Washington University Law School, a JD from the University of Miami School of Law, and a BA from Emory University.

Jing Liu, founder and CEO of Skyroam, also contributed insights. Skyroam is a global leader in mobile data connectivity, known for its patented virtual SIM (vSIM) technology that enables on-demand local wireless data access in over 130 countries. Liu’s entrepreneurial background includes founding MINO, a voice over IP service provider, and executive roles in Asia-Links. He emphasized the importance of protecting innovative technologies like vSIM in international markets.

Ruixue Ran, a specialist in U.S. Section 337 investigations and IP litigation, shared her extensive experience representing Chinese companies in high-stakes intellectual property disputes before the ITC and U.S. courts. Notably, she secured a landmark victory for Baosteel in a Section 337 steel case. Ms. Ran also coordinates complex cross-border IP litigations involving China, the U.S., and the EU, leveraging her unique background in both Chinese and U.S. legal systems. Recognized by Asian Legal Business and China Law & Practice for her expertise, she highlighted the strategic importance of integrated litigation approaches.

Jerry Xia, partner at AnJie Law Firm and former Deputy General Counsel and Chief IP Counsel for Honeywell Asia Pacific, provided additional perspectives on IP enforcement in China. Based in Shanghai since 2007, Xia brings deep experience in managing intellectual property portfolios and disputes in the region.

The webinar underscored the evolving nature of trade secret protections in China and the critical need for U.S. businesses to stay informed of legal developments. By combining government insights with private sector experience, the session offered a comprehensive resource for navigating the challenges of safeguarding trade secrets amid shifting regulatory and enforcement landscapes.

This event reflects the USPTO’s ongoing commitment to supporting U.S. stakeholders in protecting their intellectual property rights internationally, particularly in complex jurisdictions such as China.