International and Comparative Intellectual Property Law
LLAW/JDOC6132, 2024-2025
Objectives and learning outcomes
This course introduces the international framework within which intellectual property law operates, including copyright, patents, trademarks, designs, trade secrets, geographic indications, unfair competition and other forms of intellectual property (IP). The course examines how multilateral IP laws such as Berne Convention, Paris Convention and TRIPS Agreement shape national IP laws, the role of international bodies such as WIPO and WTO, the effect of bilateral agreements, and other international influences on the development of IP law. The course also introduces the enforcement provisions and WTO dispute settlement mechanism concerning international IP disputes. While devoting special attention to IPRs protection for cutting edge technologies such as biotechnology and information technology, the course also discusses the protection for traditional knowledge and folklore, and the overall implications of international IP protection for global competition between developed and developing countries in an integrated world market. Through this course, students are expected to have an overall understanding of the operation and application of IP system in both national and international contexts; the interaction and influence between international and national IP laws; and the debates concerning the role of international IP system in technology advancement, public interest, and social development.
Readings
• Recommended reference books: Robert P. Merges and Seagull Haiyan Song, Transnational Intellectual Property Law, Text and Cases (EE, 2018)
• Reading materials uploaded on Moodle.
Assessment
100% 3.5-hour take-home exam of multiple questions.
Topics and timetable
1. IP in a global economy: principles and institutions (February 6)
2. International copyright system I (February 13)
3. International copyright system II (February 20)
4. International trademark system I (February 27)
5. International trademark system II (March 6)
Reading Week (March 10-15)
6. Geographic indications and Unfair competition (March 20)
7. Trade secrets and industrial designs (March 27)
8. International patent law system I (April 3)
9. International patent law system II (April 10)
10. International patent law system III (April 17)
11. International enforcement ofIPRs (April 24)
Public holiday (May 1)