s the author of the business book “Intellectual Property: Money and Power in a New Era” and founding partner Montagu Law dedicated to the practice in intellectual property law, international commercial transactions, and new media commercial and corporate law. Its client roster ranges from startups to Fortune 500 companies encompassing a variety of industries. Alex has been an arbitrator on a number of cases before the International Chamber of Commerce, and also serves as a sought-after speaker at international conferences on a wide variety of intellectual property, business and legal matters. He received his J.D. with honors from Harvard Law School in 1991, a B.A. and M.A. in Law from the University of Cambridge where he received Double First Class Honours in 1989, as well as an undergraduate degree from Princeton University, graduating summa cum laude in 1987.
The Office of the United States Trade Representative’s (USTR’s) 2021 Special 301 Report, published late last month, brought into sharp relief one of the ongoing issues the United States has with China. The country was again listed on its “Priority Watch List” in this annual review of the state of intellectual property (IP) protection and enforcement in the United States’ international trading partners, and the report explained that the United States remains unsatisfied with China’s failure to grant IP protection and enforcement to foreign rights holders. On the surface, very little is surprising about the USTR’s statement concerning China’s approach to the enforcement of IP rights. By now, China’s failures in the context of IP enforcement are a well-known refrain in the Western media. But dig beneath the surface, and the statement raises a multiplicity of issues that have gone unaddressed. Which IP rights are at issue? Whose IP rights are not being enforced? Should one country enforce the IP rights of the citizens of another country? If so, how and in what way does it do that? Last but not least, has the United States enforced the IP rights of the citizens of other countries?