全球智慧財產權管理與企業法律

Course Descriptions and Objectives: 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 Contract Law, IP Laws and Enforcement, IP Contracts and Licensing, US Import/Export Control Management, Business Applications of Machine Learning and Artificial Intelligence, Corporate Governance and Boards of Directors, Corporate Merger and Acquisitions, International Commercial Arbitration, Law of World Trade 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, and legal systems for the students who are not familiar with the study of law. Contract Law will be introduced first as it is fundamental to obtaining a basic understanding of the concept of law. The course goes on to focus on Legal Aspect of IP: Patent Practice, Infringement Analysis and Design Around, IP Litigations and Licensing are the core subjects. Subjects such as corporate law, international sales 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, including the following topics: (1) Corporate Law: Corporate Governance, U.S. and Transnational Merger and Acquisition, and legal aspects of starting a new business will be introduced. (2) Intellectual Property Law: International IP Law, Patent Law, Trade Secret Law. (3) Technology and Law: Deep Learning, Blockchain, Artificial Intelligence and Digital Trade. (4) Laws on Biotechnology and Medicine: Medical tourism, disputes and litigation in Taiwan; Pharmaceutical patents and corporate social responsibility.

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. 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 International Business Law Reference (subject to change) 1.Dolzer & Schreuer, 2012, Principles of International Investment Law, Oxford. 2.Joseph Morrissey, 2018, International Sales Law and Arbitration‬: ‪Problems, Cases and Commentary‬, Kluwer. ‬‬‬ 3.William A. Klein, J. Mark Ramseyer & Stephen M. Bainbridge, 2012, Business Associations: Cases and Materials on Agency, Partnership and Corporations, Foundation Press.

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. 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 slides 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. Term Paper Each group of students chooses among the issues taught in the course for the term paper. The following subjects are for references only. Patent Law 1.IP Valuation, Remedies and Damage Awards 2.Strategic Management and Business Models for Corporate IP Utilization and Commercialization 3.Strategy in IP Commercialization (Valorization), Technology Transfer, Licensing and Litigation. 4.Strategies and Tactics in Managing IP Risks, including Patent Licensing and Alliances, such as Pooling, Standard Setting, etc. 5.Strategies and Considerations Regarding Technology Transfer from Universities 6.Divided Infringement in the Patent Litigation 7.Standard of Review in Claim Construction 8.Patent Exhaustion Doctrine and International Supply Chain Business Biotechnology Law 9.Strategies and Considerations Regarding Technology Transfer from Universities in the Field of Pharmaceutical Law 10.Rules and Impact of Pharmaceutical Patents and Corporate Social Responsibility 11.The Development of Medical Tourism in Asian Countries Merger and Acquisition 12.Negotiating with Your Business Partners When Forming a New Venture: Key Legal Steps and Mock Scenario 13.Recent M&A Cases: Introduction and Analysis Law of World Trade and International Investment 14.IP and International Investment Arbitration: Patents, Expropriation, and Fair and Equitable Treatment 15.National Security Exception under the GATT 16.Cyber Security, Data Protection, and Free Movement of Data 17.GDPR and Its Impact on Cross-Border Corporations 18.Data Localization and Cross-Border Trade in Services International Sales Law and Commercial Arbitration 19.Third Party Funding in International Commercial Arbitration 20.Emergency Arbitration System in International Commercial Arbitration *Submission Deadline of the Presentation and Term Paper: Presentation slides: Dec. 18, 2023 11:59 PM Final Paper: Jan. 8, 2024 11:59 PM

Lecture materials will be given in the class.

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