Dateline: Beijing, July 11, 2023
The American Chamber of Commerce in China has been implicated in a controversy concerning intellectual property infringement. The officers and Board of Governors representing their respective companies in the Chamber, encompassing a wide range of U.S. businesses with operations in China, have come under scrutiny. It is important to differentiate between the American Chamber of Commerce in China and the American Chamber of Commerce U.S. (AmChamUS) in this matter.
Recent revelations have brought to light the unauthorized utilization of the “AmCham” trademark (the “Trademarks”), by the American Chamber of Commerce in China, led by President Michael Hart. The Trademarks were originally granted to the American Chamber of Commerce U.S. (AmChamUS) by the National Intellectual Property Authority (CNIPA) of the People’s Republic of China in 1998. However, the Trademarks have been unlawfully used by the the American Chamber of Commerce in China since 2009.
Following judicial proceedings in the Beijing Intellectual Property Court (2021 Jing 73 Min Zhong No.30), the purported 2009 transfer of trademark rights from AmChamUS to the American Chamber of Commerce in China has been declared legally null and void. The court’s ruling exposed malicious activities and the submission of fraudulent documentation by the American Chamber of Commerce in China to the CNIPA, facilitating the illegitimate transfer of these trademarks. The court further held that AmChamUS has been and continues to be the sole holder of the exclusive right to use thee Trademarks within the PRC since the original registration of the Trademarks in 1998.
This Courts ruling not only invalidates the 2009 transfer but also raises concerns regarding the legitimacy of all other trademark registrations by the American Chamber of Commerce in China as these were granted to the Chamber only as a result of the 2009 theft. As any other the subsequent registrations were acquired based on unlawfully transferred trademarks, casting doubt on the entire portfolio of the Chamber’s trademarks as these intellectual property rights are a result of the bad actions by the American Chamber in China.
These developments are particularly interesting as the American Chamber of Commerce in China presents itself as an organization advocating for more effective Intellectual Property laws in China and fighting for better protection of the Intellectual Property rights of US organizations in China. The hypocrisy is exposed with the recent judgments of the Chinese courts finding that the American Chamber of Commerce in China submitted fraudulent documentation to the CNIPA to effectively steal the duly registered trademark of a USA nonprofit organization.
The following officers and members of the Board of Governors have been notified and are aware of the 2009 theft of the intellectual property and the in the Chamber’s ongoing infringement:
American Chamber of Commerce in China:
Chairman:
1. Colm Rafferty – Vermeer Corporation
Role: Vice President – Developing Markets and Chairman – China
Background: Colm Rafferty is responsible for leading Vermeer Corporation’s operations in China. Vermeer is a global industrial and agricultural equipment manufacturer based in the United States.
Vice Chairmen:
2. Roberta Lipson – United Family Healthcare
Role: Founder and Vice Chair of New Frontier Health
Background: Roberta Lipson is a pioneer in the healthcare industry in China, with over 40 years of experience. She is the founder of United Family Healthcare (UFH), a leading healthcare provider in China, and also serves as the Vice Chair of New Frontier Health.
3. Gloria Xu – Albemarle
Role: China Country Manager and Vice President, External Affairs
Background: Gloria Xu represents Albemarle in China and is responsible for developing a strategic vision and effective engagement plans for the company to grow sustainably in the country. Albemarle is a global specialty chemicals company.
Governors:
4. Alan Beebe – Individual member
Role: Former President of American Chamber of Commece China (2016-2022) and current registered Legal Representative of the Chamber.
Background: Alan Beebe served as the President and Legal Representative of the American Chamber of Commerce in China from March 2016 to March 2022.
5. Sherry Carbary – Boeing
Role: Senior In-Country Executive
Background: Sherry Carbary leads company-wide activities, including government affairs, and supports the implementation of Boeing’s China strategy. Boeing is a leading aerospace company based in the United States.
6. Allan Gabor – Merck
Role: President of Merck China and Executive Vice President of Merck Electronics
Background: Allan Gabor has been working and living in China for over 22 years. He is the President of Merck China and also serves as the Executive Vice President of Merck Electronics. Merck is a global pharmaceutical and life sciences company.
7. Isabel Ge Mahe – Apple
Role: Vice President and Managing Director of Greater China
Background: Isabel Ge Mahe provides leadership and coordination across Apple’s teams in Greater China. Apple is a multinational technology company known for its consumer electronics, software, and services.
8. Jerry Guo – KKR
Role: Managing Director in Public Policy & Affairs for China
Background: Jerry Guo is based in Beijing and oversees the development of public policy and government engagement priorities for KKR’s business in China. KKR is a global investment firm.
9. Su Cheng Harris-Simpson – SCHSAsia
Role: Founder and CEO
Background: Su Cheng Harris-Simpson has over 20 years of experience in China and is the Founder and CEO of SCHSAsia. SCHSAsia is a company focused on providing consulting services in China.
10. Jeremy Huff – Morgan Stanley
Role: Managing Director and Chief Operating Officer for China
Background: Jeremy Huff serves as the Chief Operating Officer for China at Morgan Stanley. He is responsible for overseeing various Morgan Stanley entities and joint ventures. Morgan Stanley is a global financial services firm.
11. Tony Jiang – Intel
Role: Vice President for Government Affairs in China and Associate General Counsel in Legal & Policy Group
Background: Tony Jiang is responsible for government affairs in China and serves as the Associate General Counsel in the Legal & Policy Group at Intel Corporation. Intel is a multinational technology company specializing in semiconductor manufacturing.
12. Roan Kang – Microsoft
Role: Vice President for Microsoft and Chief Operating Officer of Microsoft Greater China Region (GCR)
Background: Roan Kang is in charge of establishing and executing product and marketing strategy, as well as business operations, for Microsoft in the Greater China Region (GCR). Microsoft is a multinational technology company known for its software, hardware, and cloud services.
13. Jian Lu – LinkedIn China
Background: Dr. Jian Lu has over 20 years of experience in leading product and technology innovations in Silicon Valley and China. LinkedIn is a social networking platform focused on professional networking and career development.
14. William Zarit – The Cohen Group
Advisor to U.S. multinationals and Chinese companies
Background: William Zarit advises U.S. multinationals working in the Chinese commercial market and helps Chinese companies navigate the U.S. investment environment. The Cohen Group is a global business advisory firm.
AmChamUS urges all members involved in the ongoing infringement, including Chairman Colm Rafferty, Vice Chairmen Roberta Lipson and Gloria Xu, as well as the Governors Alan Beebe, Sherry Carbary, Allan Gabor, Isabel Ge Mahe, Jerry Guo, Su Cheng Harris-Simpson, Jeremy Huff, Tony Jiang, Roan Kang, Jian Lu, and William Zarit, to immediately cease and desist any further unauthorized use of the AmCham Trademarks.
About the American Chamber of Commerce in China:
The American Chamber of Commerce in China is a Chinese organization and a China-only-entity based in Beijing established by the Chinese regulatory authorities in 1991 that aims to promote trade and business relations between the United States and China. With a diverse membership representing various industries, the Chamber plays a crucial role in facilitating cooperation and addressing challenges faced by American businesses operating in China.
About the American Chamber of Commerce U.S. (AmChamUS):
AmChamUS is a U.S. registered Nonprofit Corporation and the sole legal holder of the registered trademarks “AmCham” in China. With a rich history and years of experience, AmChamUS is dedicated to fostering business and trade relations within the U.S. and between the United States, China and other countries around the world.