Type of Credit: Partially Required
Credit(s)
Number of Students
Being independent of Seminar I, the course (Seminar II) is designed to examine intellectual property (IP) law and policy in the international arena by addressing the core international agreements governing intellectual property, such as the Paris Convention, and the Berne Convention; and the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). We will focus on the legal and economic implications of the international intellectual property standards in the light of prior Conventions, with particular regard to such topics as copyrights, patents, trademark, and trade secrets.
There is no pre-requisite for this course. Background in intellectual property laws is not necessary, although it may occasionally help you understand the subject. The materials for class will be assigned according to the instructor's class schedule.
能力項目說明
This course aims to help students understand the essential IP issues in the international arena. Through reading, discussion, instructor’s questions, and class presentations, this course should help students recognize the economic, political, and technological dimensions associated with international IP. A minor goal is to equipped students with the basic language capabilities to deal with international IP issues.
This is an English-taught course. By and large, during the first half of this semester, each meeting day will be proceeded via Socratic approach to help students understand the essence of reading assignment. Students have the obligation to read the assignment before class, and are strongly encouraged to participate in the discussion over the background and legal issues under the assignment. All students, divided to 8 groups, will normally be invited by the instructor to serve as teaching assistants, at turns, to present the assignment and lead the classmates to answer questions in class. Of course, those who are not on duty are always welcome to participate as well.
Another half of this semester is a seminar on IP. Students will be separated into the presenting groups. Each group has to present once in the semester a draft developed in an International IP-related topic. Presenters are responsible for answering questions raised by commentators and other colleagues. Presenters are required to email the abstract of their presentation by 5:00 pm Wednesday before the class. Moreover, each group has to serve as commentators once for their colleague’s presentation.
A final paper has to be submitted in the end of the semester on a group base. It is preferred that this final paper derives from the students’ presentation, and incorporates their own responses, and their colleagues’ comments. Papers should be printed on A4 size papers. Ideally, a final paper written in English should be around 3500-5,000 words, the due day of final papers is December 23rd., 2026.
9月2日
Introduction
9月9日
Topic: Introduction to International Intellectual Property Law
Class instructor: Professor Shen
Reading Assignment: Frederick M. Abbott et al., International Intellectual Property in an Integrated World Economy, pp1-19; The TRIPS Agreement
Hours input for learning on preview and review: 2 hours
9月16日
Topic: National Treatment for Protection of Intellectual Property
Class instructor: Professor Shen
Reading Assignment: ECJ Case C_92_92 and C_326_92_ Phil Collins v. Imtrat Handelsgesellschaft MbH
Hours input for learning on preview and review: 2 hours
9月23日
Topic: Choice of Law for the Intellectual Property Litigation
Class instructor: Professor Shen
Reading Assignment: Goldstein & Tremble, International Intellectual Property pp. 52-70
Hours input for learning on preview and review: 2 hours
9月30日
Topic: Choice of Forum for the Intellectual Property Litigation
Class instructor: Professor Shen
Reading Assignment: Goldstein & Tremble, International Intellectual Property pp. 25-52
Hours input for learning on preview and review: 2 hours
10月7日
TA Session (4)
Topic: Geographical Indication and International Intellectual Property Law
Class instructor: Professor Shen and the teaching assistants on duty
Assignment: Carlos Maria Correa, Trade-Related Aspects of Intellectual Property Rights: A Commentary on theTRIPS Agreement 201-39 (2d. ed. 2020).
Hours input for learning on preview and review : 4 hours
Topic: Patent and Territoriality
Class instructor: Professor Shen
Reading Assignment: Goldstein & Tremble, International Intellectual Property pp. 422-35
Hours input for learning on preview and review : 2 hours
10月14日 No class_ group meeting for the second session
10月21日 TA Session (1)
Topic: TRIPS Agreement_ framework for patent law
Class instructor: Professor Shen and the teaching assistants on duty
Assignment: Carlos Maria Correa, Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement 259-302 (2d. ed. 2020).
Hours input for learning on preview and review: 4 hours
10月28日 TA Session (2)
Topic: TRIPS Agreement_ framework for trademark law
Class instructor: Professor Shen and the teaching assistants on duty
Assignment: Carlos Maria Correa, Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement 161-195 (2d. ed. 2020).
Hours input for learning on preview and review: 4 hours
11月4日 TA Session (3)
Topic: TRIPS Agreement_ framework for copyright law
Class instructor: Professor Shen and the teaching assistants on duty
Assignment: Carlos Maria Correa, Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement 107-153 (2d. ed. 2020).
Hours input for learning on preview and review: 4 hours
11月11日TA Session (4)
Topic: Legal and Regulatory Framework of an IP Arbitration
Class instructor: Professor Shen and the teaching assistants on duty
Assignment: Trevor Cook & Alejandro I. Garcia, International Intellectual Property Arbitration 77-108 (2010).
Hours input for learning on preview and review : 4 hours
11月18日 TA Session (5)
Topic: ISP liability and copyright infringement
Class instructor: Professor Shen and the teaching assistants on duty
Assignment:
Hours input for learning on preview and review: 4 hours
11月25日 TA Session (6)
Topic: AI training and fair use
Class instructor: Professor Shen and the teaching assistants on duty
Assignment:
Sag, Matthew and Yu, Peter K., The Globalization of Copyright Exceptions for AI Training (October 04,2024). Emory Law Journal, Vol. 74, 2025, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 24-75, Emory Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4976393 or http://dx.doi.org/10.2139/ssrn.4976393
Hours input for learning on preview and review: 4 hours
12月2日
Presentation for the group term papers
12月9日
Presentation for the group term papers
12月16日
Presentation for the group term papers
Class Participation 35%
Presentation of the Assignment (TA Session) 20%
Comment on Your Colleague's Presentation (TA Session) 10%
Final Paper 35%
It should be noted that the grading is not based on the fluency of English speaking, but rather on the willingness to express your idea in English. Those who don't speak English well can still perform well in this class if they do work hard and are willing to participate.
Abbott, Frederick, et al., International Intellectual Property System in an Integrated World Economy (3d. ed. 2019)
Correa, Carlos M., Trade Related Aspects of Intellectual Property Rights-A Commentary on the TRIPS Agreement (2020)
Goldstein, Paul & Marketa Tremble, International Intellectual Property: Cases and Materials (5th. edition, 2019)
Class materials will be uploaded on to Moodle