Intellectual Property Law

Course: Intellectual Property Survey

Professor: Joy Xiang

This course is well suited for students who want a broad and basic understanding of IP, but who may not necessarily practice in IP. It is also good for students who are just starting their studies of IP. No science or technical background is required.

This course provides a basic general overview of major U.S. intellectual property laws:  Trade secrets, patents, copyrights, and trademarks. It explores 1) the historic development, underlying policies, and fundamental concepts of these laws, and 2) when time permits, how these laws interrelate with each other and international IP regimes. The course will include a simulation project where students work in teams to counsel on a fictitious client’s IP needs, applying the fundamental concepts of the IP laws and learning basic IP lawyering skills.

 

Course: International Intellectual Property

Professor: Joy Xiang

This course examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights.

 

Course: Patent Law

Professor: Joy Xiang

This course is suitable for students who intend to focus their practice on patents as well as for students preparing for a more general practice.  Intellectual properties especially patents are playing an increasingly important role in developing domestic economies and in interacting with global business partners.  Hence, those practicing in other areas of law and even those functioning in the non-legal capacities will face intellectual property and patent issues at some point of their careers.  Understanding patent law is especially useful to those representing or working for technology companies.  That said, the study of patent law can be demanding.  The legal doctrines of patent law are intricate and complex.  Meanwhile, patent law can involve cutting-edge technology with complex scientific and technical principles.

This course aims to enable students to obtain knowledge and understanding of international intellectual property systems.  This is achieved through, for example, 1) comparing different countries’ approaches to major concepts in patent law, copyright law, trademark law, and other IP laws, and 2) determining countries’ compliance with the minimum standards established by the TRIPS Agreement in the World Trade Organization.  The course also aims to train students’ abilities in analyzing complex international IP problems, via exam-taking and in-class practice using problems assigned as part of the reading assignments.

 

Course: Transnational Copyright Law and Emerging Technologies

Professor: Danny Friedmann

This course examines Copyright and Related Rights Law and creativity from a transnational perspective. Copyright law protects economic and sometimes moral rights of cultural and sometimes industrial works. The transnational dimension of subject matter, such as literature, musical compositions, film and software, has become even more important due to globalization, digitalization and technological developments; for example the streaming of videos. This course focuses on three jurisdictions: China, the U.S. and the EU, and explores the fundamentals of copyright law, including the originality requirement, the fact/expression dichotomy, fair use/fair dealing, exceptions and limitations, and transformation as justification for use of a copyrighted work. Then, the theories of copyright law are expounded: from fairness to personality, and from the three-step test to the non-formality requirement.

 

Course: Transnational Trademark Law and GIs

Professor: Danny Friedmann

This course examines the potentially most valuable of all IP rights: global trademarks. Transnational trademark and GI litigation can be seen as “competition by other means”. Transnational trademark and GI cases include some of the most spectacular and long-term commercial disputes. Although territorialism is one of the main principles of trademark law, globalization of trade, digital communication technologies, mega-regionalism (e.g. RCEP) and supra-nationalism (e.g. EU), have weakened this principle. In addition, well-known trademark protection, enshrined in the Paris Convention for the Protection of Industrial Property and TRIPS, further undermines this principle. Transnational trademark law covers law that transcends national trademark law. These include extra-territorial enforcement and serial litigation in national jurisdictions of commercial disputes and counterfeit and criminal infringements and also of non-infringement cases such as parallel import.

 

Course: U.S. Copyright Law

Professor: Danny Friedmann

This course examines the important field of law that is meant to promote creativity, strike a balance between ownership and the public domain and is always adapting to disruptive technologies. Copyright law protects and enforces an expanding universe of fascinating subject matter: literary and artistic works, music, cinematography, architecture, software, etc. Next to the exclusive rights of reproduction, distribution, translation, adaption, and communication to the public, this course deals with how primary and secondary liability arise, how anti-circumvention rules apply, and how neighboring rights, such as rights of performers, producers of phonograms and broadcasts, can be protected and enforced.

 

Course: U.S. Trademark Law

Professor: Danny Friedmann

The course U.S. Trademark Law examines the most powerful intellectual property right in the biggest economy of the world. The course answers how one acquires a trademark in the U.S. Distinctiveness of the trademark is an import part of the course; acquisition of a trademark through use and intent of use will be addressed. The course provides an overview of the U.S. trademark system, the USPTO, TTAB and court system, the registration process and types of marks (certification and collective marks; non-traditional trademarks; such as scent, audio, shape and color marks), and bars to registration and the challenge for trademark holders of genericness. The student will appreciate the history and development of the Lanham Act, and learn about trademark infringement and the likelihood of confusion, but also about speech defenses such as parody; dilution by blurring and tarnishment (Federal Trademark Dilution Act 1995 substituted by Trademark Dilution Revision Act of 2006), and unfair competition, and their respective defenses.

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Peking University School of Transnational Law

Room 410, School of Transnational Law
Peking University Shenzhen Graduate School,
University Town, Xili, Nanshan District,
Shenzhen, China 518055