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275.66 sec. 001 - Chinese IP Law (Fall 2019)

Instructor: Mark Cohen  
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Units: 2

Meeting:

    F 08:00 AM - 09:50 AM
    Location: Boalt 134
    From August 23, 2019
    To November 22, 2019

Course Start: August 23, 2019
Course End: November 22, 2019
Class Number: (Non-1Ls): 32449

Enrollment info: Enrolled: 20
Waitlisted: 0
Enroll Limit: 25
As of: 12/06 10:46 AM


Intellectual property protection in China has never been more important in bilateral and multilateral trade relations than today. This course gives the students the analytical tools and background to come up with their own independent assessment of the accomplishments and weaknesses of China's IP system, including equipping them with the ability to make some basic strategic assessments that they may be able to use in practice.

Students will be exposed to a variety of case law, statutory, international law, empirical and other materials analyzing China's IP system. In the past, leading US and Chinese current and former officials, judges, and practitioners have also joined the class. The class is the oldest class taught in North American on China's IP system

The course does not require prior study of intellectual property law. Students who have taken Chinese intellectual property law in China have found the course offers a different content and perspective. Students interested in technology transfer, comparative law, Chinese law, international trade, and government relations have all benefited from the class in the past. Knowledge of Chinese is not required. Many non-Chinese speaking students have written highly successful papers by comparing China's IP regime to the US or third countries, discussing US cases, or analyzing trade implications of China's IP practices. Often these papers have been published.

The course covers patent, trademark, copyright, trade secret, design protection, and IP enforcement in China, including IP-related antitrust. It also covers the impact of Chinese IP regime on the United States, including transnational IP litigation, US customs remedies, and trade remedies.

The course will address the full range of controversial issues involved in Chinese IP: should America retaliate against China for its IP practices? Does China effectively enforce IP? Does political pressure help? Is China out-innovating the US? Is China improving its IP system, including its courts, and are these reforms helping foreign companies? Has China now become a favorable environment to litigate intellectual property disputes? What is the impact of China's e-commerce environment on the US? Are there particular ethical considerations implicated in practicing IP law in China?, etc. Students will have access to specialized IP databases to conduct research. The instructor will review drafts of the paper mid-semester, and will assist students after the class is over should they wish to submit their papers for publication.

Come to this class with an open-mind, ready to re-examine prior perspectives on China's IP environment, be they positive or negative. We will all benefit from each other's experience.

The instructor, Mark Cohen, is a Senior Fellow and Director at the Berkeley Center for Law and Technology. He was formerly Senior Counsel, China at the USPTO, where he supervised a team of 21 people involved in intellectual property issues in China. He also served as the first US IP Attache on behalf of USPTO, while working at the US Embassy, Beijing and runs the popular blog, www.chinaipr.com. He frequently lectures to the public and comments for the US and Chinese media.

Requirements Satisfaction:


This is an Option 1 class; two Option 1 classes fulfill the J.D. writing requirement.


Exam Notes: (P) Final paper  
Course Category: Intellectual Property and Technology Law
This course is listed in the following sub-categories:
Business Law
International and Comparative Law

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