Course Syllabus of Zhongnan University of Economics and Law
Course Title: International Trade and International IP Protection | ||||
Course Code | 41063012 | Semester | 2 | |
Teaching Hours | 64 | Credits | 4 | |
Prerequisites | International law, intellectual property law | |||
Instructor Information | ||||
Name | Jiang He | jianghe@zuel.edu.cn | ||
Institute | ZNUEL, International Education School | |||
Applicable Object | International Students | |||
Course Objectives | The principal objective of this course is to provide the master candidates with a thorough understanding of general theories of international trade law which embrace the legal system, general rules of international trade law and basic knowledge of WTO law. Major theories in each field are comparatively analyzed and well understood in their respective case study. Meanwhile, this course is further aimed at the attendants’ knowledge of intellectual protection legal systems subsuming general intellectual property protection systems and TRIPS. This course will also develop the analytical, critical and evaluative skills of candidates in the area of international intellectual property disputes settlement. | |||
Course Description (200 words) | International trade law and international intellectual property protection is an interdisciplinary course combining international trade law and international intellectual property law which embraces the basic theories and legal system of international trade law, as well as intellectual property protection theories and regulations related to international trade. In this course, students will familiarize themselves with the basic theories of international sale of goods law, international trade regulations and international dispute settlement mechanism. Furthermore, students will develop the ability of settling international intellectual property disputes through international dispute settlement procedures, especially the DSM of WTO. International intellectual protection legal systems defined in Paris Convention, Berne Convention and TRIPS are also embraced in this course. By combining theory with real cases, students will better understand the nature of international trade regulations and comply with the IP law in practice. | |||
Assessment Methods | Class presence 20% This assessment is subject to the attendance requirements. Participation in class discussions 30% Participation marks are based on a student’s contribution to class discussions. Marks reflect the quality and the quantity of a student’s participation. In preparation for the weekly seminar, students are expected to do the assigned readings. Paper writing 50% | |||
Textbooks and References | Daniel C.K. Chow, Tomas J.Schoenbaum (eds.). International Trade Law: Problems, Cases and Materials (2nd edition). Wolters Kluwer, 2013. Frederick M. Abbott (ed.). International Intellectual Property in An Integrated World Economy. Aspen Publishers, 2015. Andrew T. Guzman , Joost H.B. Pauwelyn. International Trade Law. Aspen Publishers,2009. Peter Van den Bossche, Denise Prevost. Essentials of WTO Law. Cambridge University Press, 2016. Petersmann E U. International trade law and the GATT/WTO dispute settlement system. Kluwer Law International, 1997. Bethlehem, D. L. The Oxford handbook of international trade law. Oxford University Press, 2009. P. Todd. Cases and Materials on International Trade Law. Sweet & Maxwell, London, 2003. Verma S K. WTO and the Regulation of International Trade Law. Spinger,2018. MRF Senftleben. International Intellectual Property Law. Kluwer Law International, 2016. Cottier T, Véron P. Concise international and European IP law: TRIPS, Paris Convention, European enforcement and transfer of technology. Kluwer Law International, 2011. Mark Perry (ed.). Global Governance of Intellectual Property in the 21st Century: Reflecting Policy Through Change. Springer, 2016. Zekos G I. IPRs protection and their impact upon FDI, GDP growth & Trade. Scholars' Press, 2013. John H. Jackson (ed.). The Jurisprudence of GATT & WTO. 高等教育出版社，2002. | |||
Course planning | ||||
Chapter 1 | An Introduction to International Trade Law Topic1: Backgrounds considerations Topic2: Evaluation argument for and against “free trade” Topic3: Chinese culture or religions Topic4: Introduction to and practice of international law | |||
Chapter 2 | Contract Law for International Sale of Goods Topic1: Backgrounds Topic2: Structure and features Topic3: Sphere of application Topic4: Exclusion of issues Topic5: Party autonomy and the Vienna Convention Topic6: Trade usage and the Vienna Convention Topic7: Interpretation of the Vienna Convention Topic8: Formation of a contract Topic9: Obligations of the seller and the buyer Topic10: Other Provisions | |||
Chapter 3 | International Trade Regulation: WTO and Its Multilateral Rules as the Core Topic1: International Trade Regulation: bilateral, regional and multilateral Topic2: The institutional aspects of WTO Topic3: Genera rules of WTO Law | |||
Chapter 4 | International Dispute Settlement Law: A Dimension of DSM of WTO Topic1: Introduction Topic2: Objectives and purposes Topic3: Jurisdiction Topic4: Access Topic5: Dispute settlement organs Topic6: Procedure arrangements Topic7: Key features of the proceedings | |||
Chapter 5 | An Introduction to Intellectual Property Law Topic1: The concept of intellectual property Topic2: The emergence and development of international protection of intellectual property rights Topic3: International conventions and organizations protecting intellectual property rights | |||
Chapter 6 | International System of IP Law: Paris Convention and Berne Convention as the Basis Topic1: The international patent system Topic2: The international trademark system Topic3: The international copyright system | |||
Chapter 7 | International IP Protection: General Principles and Rules of TRIPS Topic1: The basic framework of TRIPS Topic2: Purposes and objectives of TRIPS Topic3: General principles and basic principles | |||
Chapter 8 | Case Study of International IP Protection Under TRIPS: Lessons for Developing Countries and China’s Policy Topic1: WTO/TRIPS intellectual property dispute settlement mechanism Topic2: Intellectual property disputes between the US and Europe against China Topic3: China's Intellectual Property protection strategy | |||
