Type of Credit: Elective
Credit(s)
Number of Students
This seminar will provide students with an opportunity to conduct independent research on a topic in the area of intellectual property, broadly construed. Papers in the areas of patent, copyright, trademark, cyberlaw, e-commerce, biotechnology, right of publicity, open source, trade secret, and unfair competition are all welcome. Students in this seminar will have opportunities to conduct in-depth study and analysis of topics presenting some of the most pressing issues raised by modern research activities.
The goal of this seminar is to allow a student to engage in independent research and analysis. Besides developing an in-depth understanding of their paper topic, students will focus on improving their research and writing abilities. Students will meet with the instructor on an individual basis to discuss their presentations and paper ideas. They will be required to submit a paper proposal, a first draft, and a final version of their paper. The instructors will provide feedback to the students on their first draft and will evaluate final drafts based on the quality of the student's research, analysis, writing style, organization of issues, grammar, and citation style. Final drafts will ordinarily be between 15 and 20 pages of text. Students will also be required to present and discuss their ideas with the rest of the class. Grades will be based primarily on the quality of students' first and final drafts; oral presentations and class participation will also be taken into account. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.)
能力項目說明
This seminar aims to allow a student to engage in independent research and analysis. Besides developing an in-depth understanding of their paper topic, students will focus on improving their research and writing abilities.
| 教學週次Course Week | 彈性補充教學週次Flexible Supplemental Instruction Week | 彈性補充教學類別Flexible Supplemental Instruction Type |
|---|---|---|
The seminar will meet regularly, except for a few weeks in which I will meet with you to discuss your presentations and papers (see below). The first class meeting will be devoted to an overview of general issues relevant to the course. The second class will focus on research and writing skills. After a break of a few weeks, during which I will meet with you individually, we will begin student-led discussions as described below.
2/24 General Introduction2/29 Guidance on Research and Writing Materials to be distributed(1) Eugene Volokh, Writing a Student Article, 48 J. LEGAL EDUC. 247 (1998).
Bring your laptop to class for the Westlaw database training【Presentation drawing】3/7 TRIPs Legal Principles: Territoriality, National TreatmentReading assignments (2) Howard C. Anawalt, International Intellectual Property, Progress, and the Rule of Law, 19 Santa Clara High Tech. L.J. 383 (2002).
Available at: http://digitalcommons.law.scu.edu/chtlj/vol19/iss2/2
(3) Phil Collins v Imtrat Handelsgesellschaft mbH, 3 C.M.L.R. 773 (Court of Justice of the European Communities, 1993)
【Sign up for Mandatory Individual Meeting】3/14 IP and AI: IP and AI: The New York Times vs. OpenAI & Microsoft Reading assignments(4) The Times’s complaint:
https://nytco-assets.nytimes.com/2023/12/NYT_Complaint_Dec2023.pdf
(5) Open AI’s response:
https://openai.com/blog/openai-and-journalism
【Two-page proposal due】Please turn in a hard copy of your proposal in class.3/21 Work on presentations and draft3/28 Work on presentations and draft4/4 No class (National Holiday)4/11 【Mandatory individual meetings】4/18 Work on presentations and draft4/25 Guest Speaker:Michael Fahey / Legal Consultant, Formosa Transnational Topic: Interplay between Freedom of Expression and IP Protection in Recent US Cases
5/2 Student presentations and discussionsCopyright & Neighboring Rights / Aubren Sierra June朱愛芬Biotechnology-Related Inventions / Garrett McKinley Garlock葛洛克5/9 Student presentations and discussionsThe Unitary Patent System in the European Union / Kelly SUN孫苡銜Trademarks and Geographical Indications / Jasper LIN林靖智5/16 Student presentations and discussionsArtificial Intelligence Policy across the nation / Solenn URSAT索倫AI and patent / Phil LIU 劉力夫5/23 Student presentations and discussionsAI and copyright / Robert LO 羅正宜5/30 Work on final draft6/6 Wrap up 【Final draft due by P.M. 5:00, June 6th】
Below is a list of possible paper topics. You may want to read a little about various topics to see which interests you most. For topic selection, there will be a lottery in which you will draw numbers. The person who draws number 1 will have the first chance to choose his or her topic, number 2 the second chance, and so on. There are more possible topics than seminar students so everyone will have some choice in the matter. After topics are assigned, I will give each of you readings that supply background information on your topic and will help you begin to plan your paper.
There are many possible paper topics within each broad topic below. Once you have your general topic assignments, I will meet with you individually to help you determine precisely what legal or policy issues you would like to analyze. My goal in assigning general topic areas is to save you time. When students choose topics on their own, it often takes 3-4 weeks to settle on a topic. Research and writing is time-consuming, and you will find that you need these weeks to begin researching and then drafting your paper.
【Seminar Paper Topics】
Copyright & Neighboring RightsGene Patenting / Biotechnology-Related InventionsThe Unitary Patent System in the European UnionTrademarks and Geographical IndicationsArtificial Intelligence Policy across the nationAI and patentAI and copyrightNFT, Metaverse and IP Students will be required to:
(1) give a short presentation and lead a class discussion on their paper topic;
(2) distribute to the class one week before their presentation a two-page summary of the presentation and 3-5 questions for class discussion; and
(3) submit a first and final draft of their seminar paper. All students will be expected to read other students’ two-page summaries and discussion questions and to participate in class discussions each week. I will take attendance and deduct points for absences that are not excused.
Evaluation:
1. Goldstein, International Intellectual Property Law (2d ed. 2008).
2. Graeme B. Dinwoodie & Rochelle C. Dreyfuss, A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime, Oxford University Press, 2012
3. In-class handouts
| 書名 Book Title | 作者 Author | 出版年 Publish Year | 出版者 Publisher | ISBN | 館藏來源* | 備註 Note |
|---|
World Trade Organization (www.wto.org)。 World Intellectual Property Organization (www.wipo.int)。