知识产权法方向
- 国际知识产权
Instructor: Joy Xiang
International Intellectual Property explores how to obtain and enforce intellectual property rights globally. We will discuss principal international IP treaties, trade agreements, and dispute resolution systems relating to patents, copyrights, trademarks, and related rights.
This course aims to enable students to obtain a systematic understanding of international intellectual property systems. We achieve this through, for example, 1) comparing different countries’ approaches to principle concepts in patent law, copyright law, trademark law, and other IP laws, and 2) determining countries’ compliance with standards established by major international IP treaties. The course also aims to train students to analyse complex global IP problems via exam-taking and in-class practice using problems assigned as part of the reading assignments.
To take this course, you need to have taken IP Survey, or at least one of Chinse IP, patent law, copyright law, trademark law, or equivalent. Otherwise, please obtain the Professor’s permission before registering for this course.
- IP Survey — Survey of U.S. IP Laws
Instructor: Joy Xiang
This course (also called IP Survey) provides an in-depth overview of four major U.S. IP laws — patents, trade secrets, copyrights, and trademarks. For each of these four laws, the course examines its historical development, the underlying policy motivations, the fundamental concepts, and the current practice in the U.S. jurisdiction. When time permits, we may also explore how these IP laws interrelate with each other and with international IP regimes. The course includes a simulation project where students work in a team to advise on a fictitious client’s IP needs, apply the IP laws’ fundamental concepts, and learn basic IP and client counseling skills. Anyone interested in IP can take the course; no science or technical background necessary.
This course is an ideal pre-requisite for the International Intellectual Property course.
- Patent Law I: Granting Patent Rights
Instructor: Joy Xiang
Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system. Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade. 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 in 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.
Patent Law I is a pre-requisite for Patent Law II. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. Together, they will provide you a systematic understanding of a typical patent law system, in this case, the U.S. patent law system. You do not need a technical background to take the courses; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.
- Patent Law II: Enforcing Patent Rights
Instructor: Joy Xiang
Patent Law I and Patent Law II are for students who intend to focus their practice on patent law and students preparing for a legal career with other focuses and wanting to understand a patent system. Intellectual properties, especially patents, play an increasingly important role in developing domestic economies and participating in global trade. 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 in 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, along with Patent Law I, will provide a systematic discussion of a typical patent law system, in this case, the U.S. patent law system. Patent Law I focuses on law and principles for granting patent rights; Patent Law II focuses on law and principles for enforcing patent rights. You do not need a technical background to take the course; however, you should be open to learning about the inventions you will encounter in reading the cases and doing the assignments throughout the course.
To take this course, you need to have taken Patent Law I or its equivalent. Otherwise, please obtain the Professor’s permission before registering for the course.
- Transnational Copyright Law and New Technologies
Instructor: 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.
- Transnational Trademark Law and GIs
Instructor: 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.
- 美国版权法
Instructor: 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.
- 美国商标法
Instructor: 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.
- 中国知识产权法 (Chinese IP Law)
本课程主要讲述知识产权基本原理以及版权法、商标法、专利法的基础理论与案例。本课程主要采用讲授、讨论的方式，有经典的基础理论，也有国内外代表性案例的评析。通过本课程的学习，学生可以对知识产权法专业方向的主干领域有较深入了解，初步掌握运用知识产权规则的方法，具备观察和解决知识产权领域中理论与实际问题的基本能力。