Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.


275.66 sec. 001 - Chinese IP Law (Fall 2020)

Instructor: Mark Cohen  
View all teaching evaluations for this course - degree students only

Units: 3

Due to COVID-19, this class is remote for Fall 2020.

Meeting:

    W 10:00 AM - 12:40 PM
    Location: Internet/Online
    From August 19, 2020
    To November 24, 2020

Course Start: August 19, 2020
Course End: November 24, 2020
Class Number: 32621

Enrollment info:
Enrolled: 7
Waitlisted: 0
Enroll Limit: 22
As of: 11/28 11:41 PM


Intellectual property protection in China has never been more important in bilateral and multilateral trade relations than today.

Students will be exposed to 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 America 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 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: 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? 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 and be ready to re-examine prior perspectives on China's IP environment. 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.


Real-time attendance at the first Zoom class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.


Prerequisites:
No prerequisites are required. Students may find a prior IP survey law course, transnational IP law, Chinese/comparative law or international trade course helpful.

Requirements Satisfaction:


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


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

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Readers:
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Books:
Required Books are in blue

  • China's Intellectual Property Regime for Innovation
    Prud'homme
    Edition: 2019
    ISBN: 9783030104030
    e-Book Available: Yes
    e-Book procurement note: https://www.amazon.com/Chinas-Intellectual-Property-Regime-Innovation-ebook-dp-B07RTHHJT9/dp/B07RTHHJT9/ref=mt_other?_encoding=UTF8&me=&qid=
    Copyright Date: To Be Determined
    Price: $109.99
    Price Source: user provided
  • Piracy and the State
    Dimitrov
    Edition: 2009
    ISBN: 9780521897310
    e-Book Available: Yes
    e-Book procurement note: https://www.amazon.com/Piracy-State-Politics-Intellectual-Property/dp/1107404347
    Copyright Date: To Be Determined
    Price: 119.00
    Price Source: user provided

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