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78 Wash. U. L. Q. 1 (2000)
Counterfeiting in the People's Republic of China

handle is hein.journals/walq78 and id is 11 raw text is: Washington University
Law Quarterly
VOLUME 78                            NUMBER 1                                  2000
* Professor of Law, The Ohio State.University College of Law; B.A., 1979 Yale College; J.D.,
1982 Yale Law School. During the 1997-99 academic years, I was on leave in the People's Republic
of China (PRC). I lived in Guangzhou, Guangdong Province, and served as in-house legal counsel
for a large multi-national enterprise with significant investments in China. During part of this period, I
also served as Secretary for the China Anti-Counterfeiting Coalition, an ad hoc group of multi-national
enterprises with serious counterfeiting problems in the PRC. As Secretary, I was involved in
researching and writing draft papers for the Coalition on issues related to counterfeiting. Some of the
research done in connection with those drafts is used in this Article. In the fall of 1999 after my return
to Ohio State, I helped to coordinate and organize an exchange initiative on counterfeiting sponsored
by the U.S. Department of State. The first part of the exchange, which I participated in, occurred from
November 8-16, 1999 and consisted of a series of meetings between a United States delegation of
experts, including two federal judges and a federal prosecutor, and high level PRC officials in Beijing,
Shanghai, and Guangzhou. These meetings were useful because they gave some indication of the most
current views towards counterfeiting held by senior PRC officials. I was involved also in the drafting
of the report of the U.S. Delegation for the U.S. State Department. Some of these views are reflected in
this Article.
Many of the views expressed in this Article are based upon first-hand experiences, including
contacts with numerous multi-national companies with serious counterfeiting problems in China,
United States government officials, PRC law enforcement officials, foreign and local law firms,
investigation agencies, and suspected counterfeiters and infringers. I participated in numerous
enforcement actions, including filing complaints with local authorities, and was present at raids of
factories, warehouses, and other premises used for counterfeiting. On some occasions, I was able to sit
in on interrogations of suspected counterfeiters by PRC authorities.
Thanks to Dean Gregory H. Williams for encouraging me to take this leave of absence and be a
witness to the vast changes occurring in the People's Republic of China. Thanks also to the following
persons for their views on earlier draft papers related to counterfeiting: Malcolm Brookes, Jack Chang,
Al Clovis, Xu Min, Nancy Chen, Nick Chen, Frank Guerra, Stan Harsha, Bob Miller, David Peerless,
Joe Simone, and Bill Thompson. Thanks also to Craig Bryson for his research assistance on this
Article. The views expressed here are my own.

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