週次

Week

課程主題

Topic

課程內容與指定閱讀

Content and Reading Assignment

教學活動與作業

Teaching Activities and Homework

學習投入時間

Student workload expectation

課堂講授

In-class Hours

課程前後

Outside-of-class Hours

Week 1

6-9pm on May 29

Week 1 The Prelude

1.  The Merchant of Venice: A Metaphor for the Conflict

2. In the Realm of Trademark

3. In the Realm of Geographic Indication

4. In the Realm of Copyright

5. In the Realm of Patent

6. In the Realm of Designs

7. Trade Secret Protection

 8. After Services

 9. After IP Expires

10. Non-IP-Infringing But Unfair Practice

3

4.5

Week 2       6-9pm on May 31

Week 2 IP as Market Regulation To Enrich the Public Domain

1. In Search of a General Theory of IP

2. Proposing A Three-Step Exchange Theory of IP

3. IP Redefined and Reappreciated

4. IP and Protection Against Unfair Competition

5. IP as Part of the National Innovation System

6. IP’s Position within the General Legal System

3

4.5

Week 3      6-9pm on June 2  

Week 3   Market Competition and Competition Law

1. Introduction: Competition And Competition Law

2. Market and the Relevant Markets

3. General Competition Law

4. Sector-Specific Competition Laws

3

4.5

Week 4      6-9pm on June 3

Week 4 An IP Code, Its Principles, and A More Balanced International IP Regime

1.  Codification As A Means of State-Building

2. The Need of an IP Code

3. National IP Codes

4. Principles of An IP Code

5. A More Balanced International IP Regime

3

4.5

Week 5        6-9pm on June 5

Week 5

International IP Treaties and National IP Regimes on Compulsory Licensing

1. Introduction   

2.  Why Is Compulsory Trademark Licensing Not Allowed?

3. Compulsory Patent/Utility Model Licensing

4. Compulsory Copyright Licensing

5. Compulsory Design Licensing

6. Compulsory IC Layouts Licensing 

3

4.5

Week 6        6-9pm on June 7

Week 6 Competition-Oriented Compulsory Licensing of IPRs– Except Trademarks and GIs

1.  Compulsory IP Licensing Through Competition Law

2. Theoretical Analysis of a Competition-Oriented Compulsory Licensing

3. To Solve Two Thorny Issues

4. To Revise the TRIPS Agreement

3

4.5

Week 7        6-9pm on June 9

Part III Aggregating IP

Week 7 Patent Pools

1. The Development and Function of Patent Pools

2. The US  

3. The EU

4. Japan

5. Korea: Pools with Substitutes Or Non-Essential or Invalid Patents Likely Unjust

6. Taiwan: No Inclusion of Substitutes Into Pools

7. The PRC

8. The Governance of Patent Pools

3

4.5

Week 8        6-9pm on June 10

Week 8 Work Pools and Well-Known Trademarks Database

1.  Evolution of Modes of Exercising Copyright

2. Individual Licensing of Copyright

3. Work Pools

4. Database of Well-Known Trademarks

3

4.5

Week 9        6-9pm on June 12

Part IV FRANDly Licensing of SEPs

Week 9 SSOs, SEPs, And FRAND Licensing of SEPs        

1. SSOs

2. Antitrust Scrutiny of SSOs

3. SEPs

4. The Qualcomm Whirlwind

5. Major Issues Surrounding FRAND Licensing of SEPs

3

4.5

Week 10     6-9pm on June 14

Week 10 To Facilitate FRANDly Licensing of SEPs On A Global Scale

1. Introduction

2. Deficiencies of Current FRAND Licensing Framework

3. To Reconcile Conflicting Legal Standards Through Persuasion

4. To Rationalize the Calculation of FRAND-Compliant Rates

5. To Demand the Designated Major SSOs to Set Up A Competence Centre

6. Antitrust Intervenes When SSOs’ Self-Regulation Has Failed

3

4.5

Week 11       6-9pm on June 15

Student group presentation

3

4.5

Week 12      6-9pm on June 16

Student group presentation

3

4.5