VZCZCXRO8540
RR RUEHCN RUEHGH
DE RUEHGH #0314/01 1970205
ZNR UUUUU ZZH
R 160205Z JUL 09
FM AMCONSUL SHANGHAI
TO RUEHC/SECSTATE WASHDC 8125
INFO RUEHBJ/AMEMBASSY BEIJING 2952
RUEHCN/AMCONSUL CHENGDU 2109
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHGZ/AMCONSUL GUANGZHOU 0566
RUEHHK/AMCONSUL HONG KONG 2278
RHEHAAA/NSC WASHINGTON DC
RUEHSH/AMCONSUL SHENYANG 2100
RUEHIN/AIT TAIPEI 1897
RUEHGH/AMCONSUL SHANGHAI 8776

UNCLAS SECTION 01 OF 04 SHANGHAI 000314 
 
SENSITIVE 
SIPDIS 
 
STATE ALSO FOR INR/B 
USTR FOR CHINA OFFICE - AWINTER, TWINELAND; IPR OFFICE - KALVIREZ; AND OCG - TPOSNER 
DOC FOR ITA/MAC: SZYMANSKI 
LOC/COPYRIGHT OFFICE - STEPP 
USPTO FOR INT'L AFFAIRS - LBOLAND 
DOJ FOR CCIPS - TNEWBY 
FBI FOR LBRYANT 
DHS/ICE FOR IPR CENTER - DFAULCONER 
DHS/CPB FOR IPR RIGHTS BRANCH - GMCCRAY 
NSC FOR JIM LOI 
 
E.O. 12958: N/A 
TAGS: CH ECON KIPR PGOV PINR
SUBJECT: THE COORDINATION MECHANISM AND PERSONALITIES THAT MAKE 
SHANGHAI'S IPR SYSTEM TICK 
 
¶1.  (SBU) Summary:  Shanghai has often been cited by the U.S. 
business community as the "diamond in the rough" when it comes 
to intellectual property protection in China.  The highest 
levels of Shanghai Government have publicly declared the city's 
commitment to IPR, largely as a means to spur innovation and 
continued investment in Shanghai's burgeoning high tech sectors, 
and Shanghai's lower ranking administrative officials have 
largely followed suit.  While the administrative IP structure is 
similar to other cities in China, Shanghai has super charged its 
coordinating body, the Shanghai Intellectual Property Joint 
Council (Lianxi Huiyi),, resulting in a more unified effort to 
protect IPR.  Highly skilled key officials, working in tandem, 
have made all the difference in moving Shanghai to the forefront 
of China's efforts to provide both foreign and domestic IP the 
protection it is due.  Chief among these officials are Vice 
Mayor Zhao Wen, Vice President of the Shanghai Municipal 
Committee of the Chinese People's Political Consultative 
Congress (SCCPPCC) Gao Xiaomei, Director General of the Shanghai 
Intellectual Property Administration Chen Zhixing, Director 
General of Shanghai Copyright Bureau Jiao Yang, Deputy Director 
General of the Shanghai Administration of Industry and Commerce 
Chen Xuejun, and Vice Director of the Shanghai IP Administration 
Lu Guoqiang.  The following is a description of the Shanghai 
Intellectual Property Joint Council and the key officials that 
put Shanghai on the cutting edge of IP protection.  End Summary. 
 
Shanghai Leads in Coordination 
------------------------------ 
 
¶2.  (SBU) City leaders, including Mayor Han Zheng, have publicly 
committed to protecting IPR and have made coordination between 
the city and neighboring jurisdictions a top priority.  To 
create the local legal framework for IP protection, the Shanghai 
People's Committee makes all local laws related to IPR, and the 
Shanghai Municipal Government develops local IP regulations. 
Both bodies have delegated large amounts of authority to the 
Shanghai Intellectual Property Joint Council for the 
implementation and oversight of IP protection in the city. 
Member organizations include the Shanghai Development and Reform 
Commission, the Shanghai Economic and Information Technology 
Commission, the Shanghai Education Commission, the Shanghai 
Science and Technology Commission, the Shanghai Public Security 
Bureau, the Shanghai Justice Bureau, the Shanghai Construction 
Commission, the Shanghai Agriculture Commission, the Shanghai 
Commerce Commission, the Shanghai Administration of Culture, 
Film, Radio & TV, the Shanghai Health Bureau, the Shanghai 
State-owned Assets Supervision and Administration Commission, 
the Shanghai Administration of Industry and Commerce, the 
Shanghai Quality and Technical Supervision Bureau, the Shanghai 
Food and Drug Administration, the Shanghai Copyright Bureau, the 
Shanghai Intellectual Property Administration, the Legal Affairs 
Office of Shanghai Municipal Government, Shanghai Customs, the 
Shanghai Urban Management Bureau, the Shanghai Culture Task 
Force, and the Shanghai World Expo Bureau.  Guest members in the 
Shanghai Intellectual Property Joint Council include the 
Shanghai Municipal People's Congress (SMPC), the Shanghai High 
Court, the Shanghai No.1 Intermediate Court, the Shanghai No.2 
Intermediate Court, the Shanghai Procuratorate, the Shanghai 
Municipal Party Committee Politics and Law Commission, and the 
Shanghai Municipal Party Committee Publicity Department.  The 
Shanghai IP Administration (SIPA) serves as the umbrella 
organization that performs many of the day-to-day coordinating 
functions for the Shanghai Joint Conference. 
 
Vice Mayor Zhao Wen 
------------------- 
 
¶3.  (SBU) Zhao Wen, born in November 1956, is a native of Anhui 
Province.  She has an "on-the-job" postgraduate degree and holds 
a doctorate in public administration.  She served as the Deputy 
General Accountant and Manager of the Finance Department of the 
Shanghai Wujiaochang Hi-Tech Park beginning in May 1974.  She 
 
SHANGHAI 00000314  002 OF 004 
 
 
also worked as an associate professor in the accounting 
department at Tongji University and as Deputy Director, and 
subsequently as the Director of the Economics and Management 
Institute of Tongji University.  After leaving academia, Zhao 
served as the Vice Governor of Nanhui District, Deputy 
Chairperson of the Shanghai Committee of the Jiu San Society, 
member of Shanghai Municipal People's Congress Standing 
Committee, member of the SMPC's Economics and Finance 
Department, Vice Director of the Budget Working Committee of the 
SMPC Standing Committee, Vice Secretary-General of the SMPC 
Standing Committee, and Chairwoman of the Shanghai Committee of 
the Jiu San Society. 
 
¶4.  (SBU) She was selected to be a vice mayor of Shanghai in 
January 2008. Besides serving as the highest ranking Shanghai 
official covering IPR, Zhao is also in charge of sports, 
tourism, family planning, literature and history, and the 
protection of women's and children's rights.  Zhao shows no 
ability to speak English, but she is friendly and has a calm 
demeanor.  Although she has little or no formal training in IPR, 
she is conversant on IP issues and regularly participates in IP 
conferences.  She is soft spoken but engaging.  She also appears 
comfortable interacting with foreigners. 
 
Vice President of Shanghai CCPPCC Gao Xiaomei 
-------------------------------------------- 
 
¶5.  (SBU) Gao Xiaomei was born in 1961 and graduated from Xi'an 
Jiaotong University in 1982.  She holds an engineering PhD and 
is considered a "professor-level senior engineer" in the Chinese 
education system.  Before joining the Shanghai Municipal 
Government, she worked for the Shanghai Building Material Group 
Corporation.  In December 1987, she joined the China Minge Party 
and now is the Director of the party.  She has served as a 
member of the National People's Congress, the SMPC, and the 
Shanghai Municipal Committee of the Chinese People's Political 
Consultative Congress (SCCPPCC), of which she is currently a 
Vice Chairperson.  She became the Deputy Director of Shanghai IP 
Administration in June, 2006.  Although she no longer works in 
the IP Administration, she remains an avid supporter of IP 
protection and regularly addresses the issue in the SCCPPCC. 
Gao can read English but is not confident in her English 
speaking abilities.  She is outgoing and feels comfortable 
speaking with foreigners (in Chinese).  She has attended 
numerous Consulate functions. 
 
Director General of Shanghai Intellectual Property 
Administration Chen Zhixing 
--------------------------------------------- ----- 
 
¶4.  (SBU) Chen Zhixing graduated from Shanghai Second Medical 
College in 1976.  He was an international visiting scholar at 
North Carolina State University from 1987 to 1988.  In 1997 he 
graduated from the Master of Public Administration Program 
organized by the School of Law and Politics, East China Normal 
University (ECNU) in Shanghai.  He served as the Vice President 
of Shanghai Second Medical University and worked as a professor 
in the Medical Administration Faculty from 1991 to 2003, and as 
the Deputy Director of Shanghai World Expo 2010 Bid Office from 
2000 to 2003.  He has worked as the Director General of Shanghai 
Intellectual Property Administration since April, 2003.  Chen 
concurrently serves as:  1) Vice President of the China 
Intellectual Property Research Association; 2) Commissioner of 
the Policy and Administration Research Experts Group under the 
Ministry of Health; 3) a guest professor of Shanghai Jiaotong 
University and the Intellectual Property Institute of Shanghai 
Tongji University; and 4) a specially invited consultant of the 
Intellectual Property Law Research Center, East China University 
of Politics and Law. 
 
¶5.  (SBU) Chen has been the driving force behind the active and 
positive cooperation on IPR issues between the Shanghai 
 
SHANGHAI 00000314  003 OF 004 
 
 
Municipal Government and the U.S. Consulate General in Shanghai. 
 While other jurisdictions in East China closed their doors to 
cooperation on IPR following the U.S.-initiated WTO cases 
against China in spring 2007, Chen ensured that cooperation in 
Shanghai continued without missing a beat.  Chen regularly 
reaches out to the Consulate, asking for suggestions on how 
Shanghai can improve its IPR environment.  For a spring 2008 
conference on IPR, he asked the Consul General to speak and 
propose three or four concrete suggestions to the city at that 
event, all of which were later incorporated into the Shanghai 
City Government's IPR working strategy.  Chen regularly attends 
Consulate events and has visited the United States on numerous 
occasions.  In spring 2009, Chen visited the United States with 
a delegation that was organized by the State Intellectual 
Property Office, meeting with a host of U.S. IP-related 
organizations and USG offices.  Chen speaks fluent English and 
is outgoing.  He has noted that he will soon retire since he is 
close to the mandatory retirement age of 65.  After leaving the 
Shanghai IP Administration, Chen said he has been tapped to take 
a seat in the SMPC. 
 
Director General of Shanghai Copyright Bureau Jiao Yang 
 
--------------------------------------------- ---------- 
 
¶6.  (SBU) Jiao Yang was born in August 1957 in Jinan City, 
Shandong Province.  She graduated from Fudan University in 
Shanghai and subsequently served as the party secretary of the 
Fudan Communist Youth League in Shanghai.  She then became the 
Vice Director of the Information Office of Shanghai Municipal 
Government and served as the spokesperson of the Shanghai 
Municipal Government from June 2003 to February 2008.  At the 
end of February 2008, she was appointed as the Director General 
of the Shanghai Copyright Bureau. 
 
¶7.  (SBU) Jiao is self admittedly new to IPR, but she shows a 
strong interest in strengthening copyright protection in 
Shanghai.  She said that she is very interested in cooperating 
with the U.S. Consulate.   She noted that she has been to the 
United States several time both in professional and personal 
capacities; however, she does not speak English.  Jiao has a 
bubbly personality and seems very confident and comfortable 
speaking with foreigners. 
 
Deputy Director General of Shanghai Administration of Industry 
and Commerce Chen Xuejun 
--------------------------------------------- ----------------- 
 
¶8.  (SBU) Chen Xuejun, a native of Shanghai, received his MBA 
through a joint program between the Asian International 
Open University (Macao) and Shanghai's Jiaotong University.  He 
also studied at the University of Pennsylvania from May 1998 to 
January 1999.  Chen currently serves a the Deputy Director of 
Shanghai Administration of Industry and Commerce (in charge of 
all trademark-related issues), the Director of the Shanghai 
Trademark Association, and Director of the Shanghai 
Anti-counterfeiting Alliance.  Prior to his appointment, he 
worked as the Party Secretary of the Communist Youth League in 
Shanghai's Xuhui District, and as the Party Secretary of the 
Department of Propaganda of Xuhui District. 
 
¶9.  (SBU) Chen is reserved but friendly.  He has strongly 
supported cooperation with the U.S. Consulate, and regularly 
attends Consulate events.   He has also been instrumental in 
helping resolve several trademark disputes involving U.S. 
companies.  Chen understands English, but is reluctant to speak 
English.  He prefers to speak with English-speaking 
interlocutors through an interpreter. 
 
The Next Shanghai IP Administration Director - Lu Guoqiang 
--------------------------------------------- ---- 
 
 
SHANGHAI 00000314  004 OF 004 
 
 
¶10.  (SBU) Lu Guoqiang was born in August, 1957.  He received 
his Bachelor's Degree in Law from Fudan University and a 
Master's Degree in Law from the Shanghai Academy of Social 
Sciences.   Lu previously worked as a senior academic visitor at 
Harvard University, the University of British Columbia, and the 
Max Planck Institute for Intellectual Property.  He also worked 
as a research associate at Jiaotong University and Fudan 
University.  Lu Guoqiang has also served as the Vice Director of 
the Research Center of the Shanghai High Court; and Director of 
the IP Division of the Shanghai High Court.  Lu also served as a 
member of the Judicial Committee of the Shanghai High Court; and 
Vice Director of Shanghai Number 2 Intermediate Court.  In 
addition, he has worked as an adjunct professor at Tongji 
University since 2004.  Lu currently serves as the Vice Director 
of the Shanghai IP Administration. 
 
¶11.  (SBU) Lu Guoqiang has worked on IP-related cases since the 
1980s.  He took the lead in applying statutory damages in 
infringement cases and combining civil, administration and 
criminal IP case trials into one tribunal.  His research areas 
include:  IP law, civil law, civil procedure law, and judicial 
systems.  His articles have been published in the publication 
"China Legal Science" and other magazines based in Hong Kong and 
the United States.  Lu is by far one of the most knowledgeable 
officials on IPR in Shanghai.  Not only does he have his finger 
on the pulse of the IP administrative system, but he is also 
well connected to the academic and judicial community.   Lu has 
not yet been actively engaged with the U.S. Consulate, but in 
spring 2009 conversations with Econoff, he has noted his strong 
support for continued cooperation with the USG.  Lu will likely 
take over the top spot at the Shanghai IP Administration within 
the next year, and his nomination for the position likely 
reflects Shanghai's awareness of the need to bring yet more 
depth and experience to handling IPR policy and IPR issues in 
the city. 
CAMP