LLAW6212 Intellectual Property Protection in China: Law, Politics and Culture

1.1 Course details

Course code: LLAW6212 / JDOC6212
Course name: Intellectual Property Protection in China: Law, Politics and Culture
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value 9 credits / 6 credits
Cap on students numbers: 40

1.2 Course description

Intellectual property (IP) protection in China has drawan world-wide attention since China opened its door to economic and social reforms in the early 1980s. Rampant piracy and counterfeiting activities have made IP protection a primary concern for many multinational companies to do in doing business in China. On the other hand. IP is largely seen as crucial to economic, social and cultural development in the knowledge age. Against this backdrop, many IP experts and policymakers have been debating about the ways in which IP can be used as a tool for transforming China into a knowledge-intensive economy.

Given the increasingly important role IP plays in China, this course will introduce students to the Chinese law that governs the legal protection of copyrights, patents and trademarks. It will focus on the basic legal principles and rules concerning the protection of these three core forms of IP rights. Each area of study will be followed by an examination of the cutting-edge issues at the frontier of IP and technological developments. For example, we will study the topics of copyright protection and digital technology, which will primarily include the right of making available to the public, secondary liabilities of Internet service providers, legal protection of the technological measures used by copyright holder.s Moreover, we will closely examine a series of major cases to understand the latest developments in the judicial application of IP laws. Most of these cases involve multinational companies such as Ferrari, Google, Louis Vuitton, Pfizer, and Starbucks.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Haochen Sun haochen.sun@hku.hk CCT 307 By email

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Be familiar with the basic principles and rules of Chinese intellectual property law.

CLO 2 Be able to understand the provisions in the intellectual property statutes we will cover in the lectures.

CLO 3 Be able to apply the principles and rules in Chinese intellectual property law to handle intellectual property cases.

CLO 4 Be competent in thinking critically and reflectively about the major predicaments of improving intellectual property protection in China.

2.2 LLM Programme Learning Outcomes (PLOs)

PLO A On successful completion of the curriculum, students should be able to demonstrate a solid understanding of the body of legal knowledge and the capacity to conduct research on, critically analyse and evaluate legal principles, at a level required to meet the standards and expectations of the legal profession and the community at large.

PLO B On successful completion of the curriculum, students should be able to apply their legal knowledge and research skills to practical situations or theoretical challenges, and utilise their comparative understanding of the law and its political, social and cultural contexts to provide original and creative insights to legal problems.

PLO C On successful completion of the curriculum, students should be able to apply the knowledge, lawyering skills and legal reasoning to real and novel situations in life, with a view to resolving issues, problems and disputes within the legal parameters.

PLO D On successful completion of the curriculum, students should be able to demonstrate the ability to present effectively legal arguments in the professional context, as well as conveying and explaining the law effectively to lay clients and members of the larger community.

PLO E On successful completion of the curriculum, students should be able to appreciate the underlying moral values of the law and ethics in the profession and the legal system in the broad social, economic, political and cultural contexts: justice, the Rule of Law, and protection of rights and liberties which form the fabrics of a civilised society, and the importance of upholding these values by the legal community.

PLO F On successful completion of the curriculum, students should be able to develop a strong awareness of social issues and conditions, and utilise analytical abilities and rhetorical advocacy to provide leadership for the betterment of the human community.

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1  ✓
CLO 2  ✓  ✓
CLO 3  ✓
CLO 4

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation N/A 10% 5 1, 2, 3, 4
Four case commentaries TBC 90% 3 1, 2, 3, 4
  *Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

Students are free to choose any topic relevant to this course for writing their research papers. Suggestions of topics can be provided to the students by the Course convenor upon request. The class participation assessment will be conducted in the form of a student group research task (you will be given a small topic to research on one week before your participation assessment).

3.3 Grading Criteria

Please refer to the following link: http://www.law.hku.hk/course/grading-criteria/

 

4.1 Learning Activity Plan

Seminar: 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by the course convenor.

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/

By the publication of the course profile online, the Faculty deems the student as having been notified of the course requirements.