Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
275.66 sec. 001 - Chinese IP Law (Spring 2022)
Instructor: Mark Cohen
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: In-Person
W 3:35 PM - 6:15 PM
Location: Law 111
From January 12, 2022
To April 22, 2022
Course End: April 22, 2022
Class Number: 32093
Enroll Limit: 23
As of: 07/19 11:58 AM
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. Leading US and Chinese current and former officials, judges, and practitioners will also join the class. The class is the longest-running 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 that the course offers different content and perspective. Students interested in technology transfer, comparative law, Chinese commercial 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 and trade remedies.
The course will address the full range of controversial issues involved in Chinese IP, such as: Does China effectively enforce IP? Does political pressure help? How should the United States stop "IP theft."? Is China out-innovating the US? 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? The instructor will review drafts of the paper mid-semester, and will assist students after the class is over if their paper is under consideration 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 experiences.
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 Attached on behalf of USPTO, while working at the US Embassy, Beijing and runs the popular blog, www.chinaipr.com.
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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Instructor has indicated that no books will be assigned.