全球智慧財產權管理與企業法律

In order to cope with the dynamic environment of global business and industry, this course provides the students with the practical applications of the Intellectual Property (IP) Management and essential business laws across national borders. The content of the course includes IP Right Laws and Enforcement, IP Contracts and Licensing, Corporate IP Management, International IP Framework and Protection, critical legal perspectives on Corporate Merger and Acquisitions, Freedom of Speech for Enterprises, Data Protection Laws for Enterprises, International Sales of Goods and International Commercial Arbitration, and International Investment Law. The course starts from providing the overview of the topics of each session and then will provide basic introduction about legal concepts, legal systems, as well as the view of law and society for the students who are not familiar with the study of law. It goes on to focuses on IP Management. This part aims to provide students with comprehensive perspectives and practical applications of the Intellectual Property (IP) Rights, with an emphasis on patents that are crucial for technology & industry development. The emergence of IP infrastructure depends heavily on the rapid change of legal environment, and the continuing revisions of IP laws have restructured the dynamics of industrial competition and the use of emerging technologies in the global economy. Nowadays, IP is much more than a legal instrument for property right protection; it has become an industry in technology markets. For global corporations, effective utilization and strategic management of IP to serve the technological and business goals are as imperative as understanding IP as legal rights. This module consists of three major themes as follows: (1) Legal Aspect of IP: Patent Practice, Infringement Analysis and Design Around, IP Litigations and Licensing are the core subjects. The essence of Copyright, Trademark, International IP Treaties, such as WTO/TRIPs, PCT, Berne Convention, etc., Biotech and IP, as well as transnational practices, especially the IP practice in America and China, will be introduced. (2) Economic and Financial Aspects of IP: Valuation Methodology, Royalty Rate of IP Licensing and Litigation, and Damage Compensations of IP Disputes construe prime considerations. (3) Business and Managerial Aspects of IP: Strategic Management of Intangible Assets and IP Business Models, Non-Practicing Entities and IP Commercialization and Intellectual Capital Management will be brought to more attentions in the effective use of IP. In addition to understanding and effective managing IP Rights, a global corporation today needs to face various aspects of transnational legal challenges. Subjects such as corporate law, financial law, international sale of goods, international commercial arbitration and international investment law are also essential for a corporation engaging in practices across national borders. The other half of this course thus involves these critical national and international laws on business. In addition to the IP-related aspects of the international business laws, this course will provide students with an overview and in-depth introduction on the international business laws essential to business strategy. The major themes cover the aspects of the daily operations as well as the long-term developments of the enterprises. (1) Laws on Biotechnology: Regulations on Pharmaceuticals and Medical Devices, Product Liability Laws as applied to Biotechnologies, Criminal Laws on Fraudulent Promotional Activities, Laws on Health Care Systems (2) Regulations, IP, and Life Cycle Management of Pharmaceuticals (3) Corporate Law and Financing Law: Corporate Governance, U.S. and Transnational Merger and Acquisition, and Interactions between Law and Finance. (4) International Sale of Goods, Dispute Resolution and Arbitration: The Contracts of International Sale of Goods, United Nations Conven

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Course Projects: Students taking this module have to conduct group project and present the outcome in the class. The contents of the projects are illustrated below as well as in the class meetings. Term Paper Each group of students chooses one of the following subjects for their study. 1. IP Valuation, Remedies and Damage Awards for Patents and Trademarks. 2. Strategic Management and Business Models for Corporate IP Utilization and Commercialization. 3. Business Models of IP Transactions and IP Commercialization of Non-Practicing Entities (NPEs). 4. Strategy in IP Commercialization (Valorization), Technology Transfer, Licensing and Litigation. 5. Strategies and Tactics in Managing IP Risks, including patent licensing and alliances, such as pooling, standard setting, etc. 6. Regulations on Pharmaceuticals and Medical Devices, Product Liability Laws as applied to Biotechnologies, Criminal Laws on Fraudulent Promotional Activities 7. Management of pharmaceutical IPs through their lifecycle under Pharmaceutical Law and the IP law on Pharmaceuticals. 8. Corporate Strategies on Merger and Acquisitions and/or Corporate Finance 9. International Business Transactions and Dispute Settlements, including Arbitration and Mediation. 10. International Investment Treaties and Dispute Settlements. 11. Privacy and Data Protection for Business of Biotechnology 12. Litigation and enforcement strategy in terms of IP, trade secret, or competition law considerations. 13. Legal issues and challenges faced by enterprises. Submission Deadline of the Presentation and Individual Term Paper: Presentation slides: one week before the scheduled presentation Final Paper: Jan 20 2017 IP Management References: 1. Shang-Jyh Liu, Anna Fong and Tony Lan, 2017. Patent Portfolio Deployment: Bridging R&D, Patent and Product Markets, World Scientific. 2. Thomas G. Fields, Jr., 2011. Fundamentals of Intellectual Property, University of New Hampshire. 3. Bruce Berman ed., 2009. From Assets to Profits: Competing for IP Value and Return. Wiley. 4. Julie Davies and Suzanne Harrison, 2001. Edison in the Boardroom, How Leading Companies Realize Value From Their Intellectual Assets. Wiley. 5. Barry J. Nalebuff, and Adam M. Brandenburger, 1996, Co-opetition. Harper Collins Business. 6. H. Jackson Knight, 2001. Patent Strategy for Researchers and Research Managers. Wiley. 7. Mark Blaxill & Ralph Eckardt, 2009.The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property, Penguin Group. 8. Phillip W. Grubb& Peter R Thomsen, 2010, Patents for Chemicals, Pharmaceuticals and Biotechnology: Fundamentals of Global Law, Practice and Strategy, Oxford University Press. Drafting Contract Reference Scott J. Burnham, Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law, 4th ed. Pharmaceutical Law Reference Lars Noah, Law, Medicine, and Medical Technology, Cases and Materials (4th ed.) Merger & Acquisition/ Financing Law Reference Dale Oesterle, Mergers and Acquisitions in a Nutshell (Nutshells), ISBN-10: 0314159568 Privacy and Data Protection Laws References International Business Law Reference (subject to change) 1. Dolzer & Schreuer, 2012, Principles of International Investment Law, Oxford. 2. ‪Joseph F. Morrissey‬‬‬‬‬‬‬‬‬‬‬, ‪Jack M. Graves‬‬‬‬‬‬‬‬‬‬‬, 2008, ‬International Sales Law and Arbitration‬: ‪Problems, Cases and Commentary‬, Kluwer. ‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬&

Grading: 1. Class Attendance and Participation (30%) We expect students to read references/assignments and contribute to class discussions. Volunteered discussions are encouraged. Class participation will help articulate the ideas and enrich the dimensions of course subjects. The instructor will evaluate the students according to the frequency of attendance (20%) and level of participation (10%). 2. Course Projects (70%) (Group Presentation 20%; Group Term Paper 50%;) Course Projects are described below. Students forms groups of about 5 students and will be assigned an independent study of their interest chosen among the issues taught in the course (50%). This group assignment aims to facilitate the students with in-depth knowledge and practical skills that are crucial for global corporations regarding IP management and international business laws. Outlines of the term paper needs to be approved by the instructor. Each group of students must submit recorded data of presentation in advance of the last class and will give short presentation in the last class (20%). Feedback from the instructors and fellow students will be required to be considered and incorporated in the term paper where appropriate. The term paper, in general, is at least 20 pages and no more than 40 pages long. The Papers will be graded on relevant applications of ideas covered in this course, thoughtful analysis, and creativity. Students must turn in all reports with electronic files. Specifications for all written assignments: A4 size, margins of 1'' on all sides, fonts no smaller than 11-points. Line spacing should be 1.5 or 2 lines to facilitate grading. Please include proper references to any papers / books/ websites/ reports that you cite in your work. Late assignments and plagiarism are not allowed and will not be graded.

Lecture materials will be given in the class.