Digital Trade in the Asia-Pacific

Transcription

1 Digital Trade in the Asia-Pacific Identifying Challenges, Seeking Solutions Wednesday 6 December 2017 Singapore Management University, Singapore

2 Background The internet and new digital technologies have enormously expanded opportunities for trading goods and services and enabled the growth of a multi-trillion dollar electronic commerce industry, while enhancing prospects for economic growth. At the same time, the enormous growth of digital trade is accompanied by severe policy and legal challenges (both at a domestic and international level), often entailing sensitive conflicts among governments, businesses and the civil society. A general consensus exists that the challenges in digital trade necessitate multifaceted policy and legal responses, drawing from the knowledge and experience of various stakeholders at the international, regional and local level. In particular, this policy exercise is necessary to create solutions that strike a fine balance between promoting digital trade and preserving important regulatory goals and interests in cyberspace. Given the importance of digital trade in current international trade law and policy discourse, Melbourne Law School and Singapore Management University Law School are bringing together various experts in a day-long conference from the academia, industry, governments and civil society to discuss four related themes pertaining to digital trade, which is set out in detail in the programme below.

3 Programme 8:30am Registration 9:00-9:30am Welcome address by Kung Chung Liu (SMU) and Andrew Mitchell (Melbourne Law School) 9:15-9:45am Keynote speech by Mr Abdel-Hamid Mamdouh, Director, Trade in Services and Investment Division, World Trade Organization 9:45-11:15am Identifying and Defining Key Challenges and Opportunities in Digital Trade in the Asia-Pacific 11:15-11:45am Morning break for tea 11:45am - 12:45pm International Trade Agreements and the Digital Economy 12:45-2:15pm Lunch break 2:15-3:45pm Trade and Digital Innovation 3:45-4:00pm Afternoon break for Tea 4:00-5:30pm Legal and Policy Frameworks to Advance Digital Trade 5:30-5:45pm Closing address by Kung Chung Liu (SMU) and Andrew Mitchell (MLS)

4 Keynote Speech Mr Abdel-Hamid Mamdouh Director, Trade in Services and Investment Division, World Trade Organization The keynote speaker will address the broad theme of the conference, particularly highlighting from an international/regional perspective the importance of the growth of digital trade in the region for the well-being of the global economy, and the necessary policy and legal action required to minimise barriers to digital trade in the Asia-Pacific. Format for each general session: Each session will run for 90 minutes and have a moderator and 5 speakers. Each speaker will be provided 10 minutes to provide a short presentation/response to the main question of the session. The last 20 minutes of the session will be reserved for questions and discussions amongst the speakers, discussants and audience. Each speaker will be provided 2 minutes to comment on other presentations followed by further discussion between participants and speakers. The moderator/commentator will have a total of 10 minutes to introduce the speakers, moderate and conclude the session. For each of the sessions, we will endeavour to include speakers from the government and/or intergovernmental organisations, industry and academia. Minutes Speaker Description 5 Moderator Introduce the session 10 Speaker 1 Short Presentation 10 Speaker 2 Short Presentation 10 Speaker 3 Short Presentation 10 Speaker 4 Short Presentation 10 Speaker 5 Short Presentation 2 Speaker 1 Short Response 2 Speaker 2 Short Response 2 Speaker 3 Short Response 2 Speaker 4 Short Response 2 Speaker 5 Short Response 20 All General Discussion and Questions 5 Moderator Final comments and close the session

5 Session 1 9:45-11:15am Identifying and Defining Key Challenges and Opportunities in Digital Trade in the Asia-Pacific All speakers and discussants in this session will be asked to address the following question: What are the main challenges and (potential) opportunities for advancing cross-border digital trade in the Asia-Pacific region? Since the session will have speakers from very different fields, it will provide a chance to create awareness in the session regarding the range of policy and legal issues in digital trade in the Asia-Pacific. Further, because of the diverse experience of the speakers and the discussants, various perspectives will be brought forth regarding how to define and prioritise challenges in digital trade in the Asia-Pacific. Speakers are free to choose specific challenges (such as privacy, cybersecurity, intellectual property enforcement, consumer protection, logistics, e-payments) or provide a general overview of challenges faced by their organization or company in the region or specific countries in the region. Speakers are also free to highlight on untapped opportunities in digital trade in the Asia-Pacific. Speakers in this session include: Andrew Ure, Google HK Jia Wang, Hong Kong Polytechnic Shin-Yi Peng, National Tsing Hua University Moderator: Andrew Mitchell, Melbourne Law School

6 Session 2 11:45am - 12:45pm International Trade Agreements and the Digital Economy The presenters in this session will address the following question: Can trade agreements support the growth of digital economy in the Asia-Pacific? If so, what kind of legal provisions in international or regional trade agreements can enable digital trade? Participants are free to focus on any regional or global initiatives in international trade law. Speakers in this session include: Andrew Mitchell and Neha Mishra, Melbourne Law School Debbie Elms, Asian Trade Centre Ken Chia, Baker and Mckenzie. Wong & Leow Simon Lacey, Huawei, Guangdong Moderator: Irene Calboli, SMU

7 Session 3 2:15pm - 3:45pm Trade and Digital Innovation The presenters in this session will address the following question: How can trade law and policy in the Asia- Pacific region contribute to promoting innovation in digital technologies? In their presentation, speakers can either refer to specific technological developments (cloud computing, fintech, blockchain, 3D printing) or present general issues of concern in promoting digital innovation (intellectual property, licensing/local content requirements, development gaps etc). Speakers in this session include: Irene Calboli, SMU Renuka Medury, Research Associate, Applied Research Center for Intellectual Assets and the Law in Asia, SMU Moderator: David Lleywn, SMU

8 Session 4 4:00-5:30pm Legal and Policy Frameworks to Advance Digital Trade In the last session, speakers will be invited to answer the following question: What are the potential solutions within national, regional or international legal and policy frameworks to address contemporary challenges in digital trade? Speakers/discussants are free to focus on one specific issue, or to address broader institutional responses to address legal/policy challenges generally, including possible policy/legal innovations. Speakers in this session include: Andrew Cooke, Microsoft Debbie Elms, Asian Trade Centre Henry Gao, SMU Jared Ragland, BSA The Software Alliance Moderator: Simon Lacey, Huawei Technologies, Guangdong

9 Closing address 5:30-5:45pm Closing address: 5:30 to 5:45 pm Closing address by Kung Chung Liu (SMU) and Andrew Mitchell (MLS)

10 Biographies of Selected Speakers and Organisers Mr Abdel-Hamid Mamdouh Director, Trade in Services and Investment Division, World Trade Organization Abdel-Hamid Mamdouh is currently the Director of the Trade in Services division of the WTO. Prior to that he was a Senior Counsellor in the Services Division. He had been the Secretary of the WTO Council for Trade in Services since the establishment of the WTO in During the Uruguay Round negotiations his responsibilities included legal matters relating to the drafting of the General Agreement on Trade in Services (GATS). He has held several important positions in the GATT, prior to the establishment of WTO as well as in the government of Egypt. Mr. Mamdouh obtained his law degree from the Cairo University School of Law. Professor Kung Chung Liu Singapore Management University Kung Chung Liu is currently Professor of Law (Practice) at Singapore Management University and Director, Applied Research Centre for Intellectual Assets and the Law in Asia. He is also Adjunct Research Fellow at Institutum Iurisprudentiae, Academia Sinica, Taiwan and sits on Recruitment Program of Global Experts at Renmin University of China. Professor Liu s teaching and research interests are intellectual property law, antitrust and unfair competition law, and communications law. Professor Liu has authored several books and articles covering trademark law, competition law, patent law, interface between IP and competition law, (tele) communications law and over 100 peer-reviewed papers in Chinese and English (four in Mainland China). He was the inaugural director of Applied Research Centre for Intellectual Assets and the Law in Asia. He has also been bestowed with several awards including Fullbright Scholarship and Lee Kong Chian Professorship of Law.

11 Professor Andrew Mitchell Melbourne Law School Andrew Mitchell is currently Professor at Melbourne Law School, Australian Research Council Future Fellow, Director of the Global Economic Law Network, a member of the Indicative List of Panelists to hear WTO disputes, and a member of the Energy Charter Roster of Panelists. He regularly consults for States (eg Australia; New Zealand; Norway), international organisations (eg the United Nations Conference on International Trade; the World Health Organization), NGOs (eg Canadian International Development Agency; International Development Law Organization) and the private sector (eg Telstra; ITS Global). Andrew has taught law in Australia, Canada, Singapore, and the US and is the recipient of four major grants from the Australian Research Council and the Australian National Preventive Health Agency. He has published over 130 academic books and journal articles and is a Series Editor of the Oxford University Press International Economic Law Series, an Editorial Board Member of the Journal of International Economic Law and a General Editor of the Journal of International Dispute Settlement. He has law degrees from Melbourne, Harvard and Cambridge and is a Barrister and Solicitor of the Supreme Court of Victoria. Professor Irene Calboli Singapore Management University Irene Calboli is currently Visiting Professor of Law and Lee Kong Chian Fellow at Singapore Management University and the Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia. She is also Professor of Law at Texas A&M University School of Law and Fellow at Transatlantic Technology Law Forum, Stanford University Law School. Until 2015, she was a Visiting Professor at the Faculty of Law of the National University of Singapore and a Professor of Law at Marquette University Law School. Irene Calboli started her academic career at the Faculty of Law of the University of Bologna, and held visiting positions in various academic institutions across the world. She has published extensively in leading journals and authored several books. Irene is a member of several professional organizations, and is serving in the Executive Committee of the Intellectual Property Section of the Association of American Law Schools, the Board of the European Policy for Intellectual Property Law Association, and the Legislation and Regulation Committee of the International Trademark Association. She is also an elected member of the American Law Institute and an associate member of the Singapore Academy of Law.

12 Ken Chia Baker & McKenzie Weong & Low LLC Ken Chia is currently Principal at Baker &McKenzie Weong & Low LLC. He is a member of the firm s Asia Pacific IT & Communications and Global Privacy steering committees. He is regularly ranked as a leading ITC and competition lawyer by top legal directories, including Chambers, Asia Pacific Legal 500, PLC Which Lawyer? and Asialaw. Ken is a fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators. He is also an accredited mediator with the Alternative Dispute Resolution Group in the United Kingdom. Ken has more than 20 years of practicing in the areas of IT, telecommunications, intellectual property, trade and commerce, and competition law matters. He routinely assists clients, mostly governments and multinational corporations, in large-scale procurement, outsourcing and regional transactions, and provides sound advice on privacy and e-commerce matters. Andrew Cooke Microsoft Andrew Cooke is currently the Regional Director of Legal Affairs APAC & Japan at Microsoft and is based out of the Singapore office. His work is particularly focused on the legal and regulatory aspects of cloud computing He has previously worked in Microsoft in various roles. Prior to joining Microsoft, Andrew worked in private practice in London and Singapore before moving to in-house legal roles in banking and information technology. He holds degrees in Economics from the University of Sydney and Law from the Australian National University. Andrew holds a Bachelors Degree in Law from Australian National University and Bachelor s degree in economics from University of Sydney.

13 Deborah Elms Asian Trade Centre Deborah Elms is the Founder and Executive Director of the Asian Trade Centre. She is also a senior fellow in the Singapore Ministry of Trade and Industry s Trade Academy. Previously, she was head of the Temasek Foundation Centre for Trade & Negotiations (TFCTN) and senior fellow of international political economy at the S. Rajaratnam School of International Studies at Nanyang Technological University, Singapore. Her research interests are negotiations and decision making, and her current research involves the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), ASEAN Economic Community (AEC) negotiations and global value chains. She has provided consulting on a range of trade issues to governments including the United Arab Emirates, Sri Lanka, Cambodia, Taiwan, and Singapore. Deborah Elms received a PhD in political science from the University of Washington, a MA in international relations from the University of Southern California, and bachelor s degrees from Boston University. Associate Professor Henry Gao Singapore Management University Henry Gao is currently Associate Professor of Law at Singapore Management University. He was previously Assistant Professor at the University of Hong Kong and Lecturer at City University of Hong Kong. He is member of the Advisory Board, WTO Chairs Programme, WTO Secretariat, and E15 Initiative, International Centre for Trade and Sustainable Development (ICTSD) and Inter-American Development Bank (IDB), advisor to the Asia-Pacific Research and Training Network (ARTNeT), and member of the editorial board of Journal of Financial Regulation (Oxford University Press) and Asian WTO Research Network. He has consulted several governments and international organisations including the World Bank and ADB, as well as taught at various universities across the world. He has published extensively on issues of international economic law in leading journals as well as authored books/book chapters. Henry Gao completed his LLB from China Youth Politics Institute, LLM from University College London and JD from Vanderbilt.

14 Simon Lacey Huawei Technologies Simon Lacey is currently the Senior Expert, Trade Facilitation and Market Access at Huawei Technologies in Shenzhen China. Before that he spent 4 years in Indonesia in various roles advising both the government and private sector on trade policy and international economic law issues. Simon has worked in almost thirty countries, advising and training policymakers in Africa, Eastern Europe, the Middle East, Central Asia, East Asia and the Pacific. Prior to joining Huawei, Simon was the Director of the Center for International Trade and Investment (UPH-CITI) at University Pelita Harapan (UPH) in Jakarta, where he was responsible for implementing the WTO Chairs program. His current research and professional interests focus on the evolving set of trade and investment rules affecting the digital economy and how governments in developed and developing countries are struggling to find the right balance between openness and regulation when it comes to disruptive technologies and business models. Neha Mishra Melbourne Law School Neha Mishra is a doctoral candidate at Melbourne Law School. She has previously practised law with Herbert Smith Freshfields LLP in London and Economic Laws Practice in Delhi. She has also served as a lecturer at National Law School of India University (NLS) teaching competition law and public international law. Neha has completed her undergraduate degree in law from NLS, LLM from London School of Economics, and Master in Public Policy from National University of Singapore. While completing her studies in Singapore, Neha interned with the Government Relations team at ebay, and collaborated with them on a long-term research project on e-payments regulations in the ASEAN region. She also interned with Legal and Corporate Affairs team in Microsoft, and worked on a variety of matters related to legal and policy issues in the digital technology industry. Her primary areas of interest include international economic law and internet governance.

15 Renuka Medury Singapore Management University Renuka Medury is an Intellectual Property lawyer from India where she worked as part of the Commercial IP team of a prominent law firm in the National Capital Region. She has significant experience in the drafting and review of IP related contracts and due diligence work. She recently graduated from the Duke University School of Law, USA, with an LLM in Law & Entrepreneurship, and undertook a practical experience component with the Office of Licensing & Ventures, Duke University. Renuka previously completed an LLM (Intellectual Property Specialization; Law & Technology Certificate) from the Boalt School of Law, University of California, Berkeley, USA, in Her primary area of interest pertains to copyright laws, and in particular, the status of works created by AI in the realm of copyright laws. Professor Shin-yi Peng National Tsing Hua University (NTHU) Shin-yi Peng is a Professor of Law at National Tsing Hua University (NTHU) and the Associate Dean of NTHU s College of Technology Management. Prior to her current position, she was on secondment as Commissioner at the National Communications Commission ( ). She was the Director of the Institute of Law for Science and Technology at NTHU ( ). Before joining the NTHU, Professor Peng has taught at the J.D. program in University of Wisconsin Law School. Her research focuses on international economic law, with a particular emphasis on trade in services. She was a Visiting Fellow at Georgetown Law s Institute of International Economic Law (IIEL) and a Visiting Professor at the Faculty of Law of Maastricht University. Shin-Yi Peng has received a number of awards including Outstanding Research Award from the National Science Council of Taiwan. She serves in an advisory and consultative capacity to the Ministry of Economic Affairs, advising the government on trade law and policy issues. She is a member of the Indicative List of Governmental and Non-Governmental Panelists for resolving WTO disputes.

16 Jared Ragland BSA The Software Alliance Jared Ragland currently serves as Senior Director, Policy APAC at BSA The Software Alliance. Working with BSA members, he develops BSA s international strategies to open markets and promote innovation and digital trade in important foreign markets in the Asia-Pacific region, including China, India, Indonesia, Japan, Korea, and Vietnam, among others. Before joining BSA, Ragland served as the US Patent and Trademark Office (USPTO) Intellectual Property Rights (IPR) Attaché in the Shanghai Consulate General. Before that, he served as Director in the Office of Intellectual Property and Innovation in the Office of the US Trade Representative, and Science Policy Advisor to the U.S. Ambassador to APEC. He holds a doctorate degree from University of Washington in molecular and cellular biology, a bachelors degree in biochemistry and Bachelor of Arts degree in East Asian studies and Anthropology. Andrew Ure Google Andrew Ure is currently the Head of Trade and Economic Affairs in the APAC region for Google, based in Hong Kong. He is a former diplomat and strategy consultant with expertise in communications, strategy and negotiations. He has had extensive experience in both public and private sectors, including providing advice to the Prime Minister on climate change issues. His previous roles include diplomat at the DFAT, board member at the APEC, Managing Director at Ogilvy Earth Australia and Global Communications and Public Affairs Manager at Google Australia and New Zealand. Andrew obtained his undergraduate degree from Oxford University and postgraduate degree from Australia National University.

17 Dr Jia Wang Hong Kong Polytechnic University Jia Wang is a Teaching Fellow at the School of Accounting and Finance, Hong Kong Polytechnic University. Prior to this role, she was a Postdoc Research Fellow at the Applied Research Centre of Intellectual Assets and the Law in Asia, School of Law, Singapore Management University and a Research Fellow at the Berkman Center for Internet and Society, Harvard University. Her research interests lie in the areas of intellectual property law, law and technology, company law and corporate governance. Dr Wang completed her undergraduate studies in law at Sichuan Normal University, LLM at University of Aberdeen and LLD at University of Stellenbosch.