Archive for Intellectual Property

IIPL & CIS Joint Research Meeting on Pervasive Technologies of Mobile Internet

IIPL has been working diligently with its research partner Indian Center of Internet and Society (CIS) on the Issues in Mobile Internet and Access to Knowledge. The joint project has been going for two years. A couple of research exchanges, in-person meetings or virtual calls, have been arranged. Both parties have been working on four chapters on copyright, licensing, patent and anti-trust related issues on the Mobile Internet respectively in Chinese and Indian legal environment. A comprehensive review meeting was held at end of February 2017 in Macau, with the support of local research institutions. At the review meeting, both Chinese and Indian researchers of each chapter made the in-depth presentation on research methodology, progress and outlines of the contents. Prof. Xue presented, on behalf of the Chinese team, on all four chapters that have been working on from the Chinese side. 7 India young researchers presented respectively the chapters from the Indian side. International experts from Canada ICTSD and USA were invited to review the research and highly acknowledged the quality and value of the outputs.

Four pairs of the chapters from both countries showcase the very interesting landscape and potential of mobile Internet in two biggest Internet communities in the world. Both opportunities and caveats emerge from these research outputs. The upcoming comparative studies will be even more inspiring. The research is an epic one in both countries as well as in the whole world. Its final product will be an importance contribution to the research on the Internet 2.0 that is community-based, social-media centered and ubiquitous on wireless network. The two partners is going to present its research achievements to the regional community at the APrIGF at the end of July 2017.

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International Moot Court held at the Law School

The LLM student of BNU Law School, international students of LLM in Chinese and international visiting students participated in the international Moot Court on copyright disputes in universities at the end of 2016. The Moot court was organized by Prof. Xue during her teaching of Intellectual Property Law to both groups of the students. The case for the Moot Court was adapted from the real case between a US publisher and an Indian university.  Prof. Xue redesigned and rewrote the facts of the case and made it a case between a group of western publishers and BNU. The case that hypothetically happened on BNU campus triggered great interests from both Chinese and international students, both of whom made comprehensive preparation for the Moot Court, including collecting evidence, compiling case materials and deposition of witnesses.  At the Moot court session, both parties made persuasive arguments and in-depth legal analysis, which showed that they were able to utilize the knowledge they learned during the course to practices. The moot court was conducted in English and 12 international students from Italy, Iran, Tanzania, France and Spain prevailed in the legal debate. The grant jury comprising of the representatives from both group was hardly reach the verdict unanimously and had to be subject to the final ruling of Prof. Xue. It’s an interesting and successful experiment for all the participants.   

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Prof. Xue taught at APRU Summer Seminar 2016 on Digital Economy

The Association of Pacific Rim Universities (APRU) Summer Seminar 2016 on Digital Economy was held in the last week of August 2016 in Tokyo. Prof. Xue, as a Member of Academic Advisory Council of The Asia Pacific Institute for the Digital Economy (APIDE) joined the seminar and taught at several sessions to the governmental officers from the APEC economies. Prof. Xue gave an orientation on digital economy and policy shifting in the world and presented on copyright and innovation industry in the digital economy.

APRU provides a framework for a range of cooperative activities among universities in the region, with current joint projects on climate change, the aging society, disaster preparedness, and global health. Reflecting the growing importance of the Internet, the 2014 APRU Annual Presidents’ Meeting agreed to work on a joint Initiative on “Governing the DIgital Economy.” The goal is to bring the academic community in the region into stronger contact with other members of the multistakeholder community concerned with the future development of the Internet.

Under the framework of the APRU Internet Governance Initiative, Keio University has hosted an annual APRU Digital Economy Business Offsite engaging the business community in the region and an APRU Digital Economy Summer Seminar working with regulators to build capacity in the Internet policy space. APIDE, established in 2012, is a research institute that can work with the academic community to clarify policy options and help build consensus around a set of pragmatic actions based on solid research and analysis throughout the Asia Pacific.

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Professor Xue Gave the Keynote Speech at 2015 Global Congress on IP & the Public Interest

The Fourth Global Congress on Intellectual Property and the Public Interest took place on December 15-17, 2015 at National Law University, Delhi, India.

The Global Congress was co-hosted by The Centre for Internet& Society, National Law University Delhi, Open African Innovation Research, CREATe, The American Assembly, Columbia University and American University. And it was co-sponsored by OSF, IDRC, Fang.com and Centre for WTO Studies.

The theme for the 2015 Congress is “Three Decades of Openness; Two Decades of TRIPS”, which juxtaposed the beginnings of an aspect of a culture of Openness with that of the establishment of minimum standards of intellectual property protection and the carving of limitations and exceptions within these standards.

The2015 Congress opened with Plenary Sessions featuring keynote addresses delivered by persons of eminence across disciplines, before having participants break out into theme-specific rooms for presentations, workshops and panel discussions. The keynote speakers were Professor Ranbir Singh, Vice Chancellor of the National Law University (NLU) in Delhi, where the conference was taking place. This was followed by Keynotes from eminent scholars, activists and negotiators – Mr. Sean Flynn (US), Prof. Michael Geist (Canada), Mr. Zakir Thomas (India), Prof. Hong Xue (China Beijing Normal University IIPL Director), Mr. G.R. Raghavender (India) and Prof. Nagla Rizk (Egypt), who all set the scene from the historic to the contemporary context.

Prof. Xue presented on “Rethinking Internet Intermediaries in the International eTrade”, in which she eloquently pointed out that the emerging pervasive cross-border e-commerce has brought up the salient challenges to the current international intellectual property regime, especially customs measures for intellectual property enforcement for international goods trade. The aggregation effect of the traditional de minimis in the international e-trade threatens the customs enforcement that is only suitable for large scale commercial consignments. The blurring line between B2B and B2C in the cross-border e-commerce calls for new information access, enforcement measures and assistance from the critical stakeholders, i.e. Internet Intermediaries or platform services. Prof. Xue emphasized that a 3rd dimension (on platform governance) be recognized and reviewed in the law to enable an updated, effective and balanced IP enforcement for the globalized eTrade. Prof. Xue’s presentation was warmly hailed as one of the most impressive and thoughtful researches unveiled at the 2015 Global Congress.

After the focused keynote speakers and plenary sessions, the 2015 Global Congress carried out discussions through 4 parallel “tracks”, in the fields of “Openness”, “Access to Medicines”, “User Rights”, and “IP & Development”.

 The Global Congress began in Washington DC in 2011, moved to Rio de Janeiro in 2012, and was held in Cape Town in 2013. This year’s Congress featured an additional “Room of Scholars”. “The Room of Scholars” had been conceptualized as that cross­cutting space, not restricted to a particular track but as running along side them. The “Room of Scholars” became an opportunity for the presentation of longer, more detailed academic research papers on the theme of the Congress.

The Global Congress on Intellectual Property and the Public Interest has become the most significant event on the calendar for scholars and policy advocates working on intellectual property from a public interest perspective. The Global Congress supports the formation of strong networks and the dissemination of research and strategies among academics and practitioners, with the aim of empowering them to respond to law reform and enforcement proposals that threaten access and innovation, and to put forward a positive agenda for policy reform.

Specifically, the 2015 Congress sought to produce three outcomes- first, the mobilization of existing scholarly research directly into the hands of civil society advocates, business leaders and policy makers, leading to evidence-based policies and practices; second, the collaborative identification of urgent, global and local research priorities and generation of a joint research/advocacy agenda; and third, the solidification of an inter-disciplinary, cross-sector and global networked community of experts and practitioners focused on public interest aspects of IP policy and practice. The event attended by over 400 scholars, advocates, policy-makers and practitioners, was the biggest global gathering of public interest folk specialized in intellectual property issues in 2015. The 2015 Congress is expected to achieve all three goals it set for itself.

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国际电子商务法联合认证项目全球首发!

追求卓越,协作共赢

北京师范大学—联合国国际贸易法委员会

联合认证项目[1]

国际电子商务法:理论与实践

一、目标 与使命

为了适应我国电子商务国际贸易的飞速发展,促进我国机构与企业了解电子商务的国际法及主要国家与地区的法律,更积极地参与有关国际律规则的发展进程,维护我国重要的经济利益,北京师范大学与联合国国际贸易法委员会合作,于2013年10月签署合作协议,建立了全球首个专门关于“国际电子商务法”的联合认证项目,由联合国国际贸易法委员会亚太中心、北京师范大学国际交流与合作处及法学院作为支持单位,联合国国际贸易法委员会电子商务工作组负责人卢卡.卡斯特拉尼博士与北京师范大学互联网政策与法律研究中心薛虹教授担任项目的联合主任。作为中国协助联合国向发展中国家提供法律技术援助的有机组成部分,联合认证项目已经向柬埔寨、哈萨克斯坦、斯里兰卡等国家政府官员提供国际电子商务法的能力建设法律培训及该国电子商务立法的咨询与建议。国际电子商务法联合认证项目从事电子商务立法国际比较研究及国际法律研究,正在成为我国与国际组织与国外机构进行电子商务法国际交流与合作的桥梁与纽带。

二、合作基础

联合国国际贸易法委员会是联合国系统在国际贸易法领域中的核心法律机构,在全球拥有广泛成员,四十多年来在全世界范围内专门从事商法改革,致力于协调各种国际商务规则并使之现代化。除此之外,联合国国际贸易法委员会还可以提供法律技术支持,以促进在商业交易领域制定现代、公平、和谐的法律规定的法律改革计划。

联合国国际贸易法委员会起草了《电子商务示范法》及《电子商务公约》等重要的国际电子商务法文件,并正在拟定新的国际法律规范。与北京师范大学共同打造的这一联合认证项目,将为电子商务领域,特别是跨境电商,带来全新知识与智慧体验。

三、课程内容

项目共有6个课程单元,在每学年秋季/春季学期的两周内集中授课。可同时获得北京师范大学的学分。学生也可选择参加任一学期的课程学习。

课程内容单元如下:

1. Legal Issues in Cross-Border E-Transactions (跨境电子交易法律问题)

2. Legal Issues in Cross-Border Data flow (跨境数据流通的法律问题)

3. Dispute Resolution For Cross-Border E-Commerce(跨境电子商务的争议解决)

4. Internet Governance in E-Commerce (电子商务中的互联网治理问题)

5. Intellectual Property Issues in Cross-Border E-Commerce(跨境电子商务的知识产权法律问题)

6. Governmental Regulation on Cross-Border E-Commerce (跨境电子商务的监管法)

 

四、教学管理和师资力量

联合国国际贸易法委员会与北师大共同组建国际专家顾问委员会,监督及保障教学质量。北京师范大学国际交流与合作处、北京师范大学法学院为项目提供支持。

联合国国际贸易法委员会秘书长Renaud Sorieul先生、北京师范大学陈光巨副校长任国际专家顾问委员会联席主席。
项目由国内外知名法律专家团队授课,并将定期邀请国内外电子商务业界、政府、司法机关的专家进行实务讲座。授课专家包括:
Dr. Luca Castellani, Secretary of UNCITRAL Working Group IV (Electronic Commerce) & Co-Director of Joint Certificate Program

Mr. Joao Ribeiro, Head, UNCITRAL RCAP

Prof. Guisella Finocchiaro, Professor of Internet Law and of Private Comparative Law at the University of Bologna, Italy; Chair of UNCITRAL E-Commerce Working Group

阿拉木斯,中国电子商务协会政策法律委员会副主任、国家电子商务示范城市创建项目专家组成员、国家发改委高技术司专家组成员、阿里巴巴集团政策研究室高级顾问、网规研究中心主任

薛虹,北京师范大学法学院教授、博士生导师、互联网政策与法律研究中心主任、联合国无纸化贸易专家网络顾问委员会委员、商务部电子商务咨询专家、联合认证项目中方主任

课程教学语言英文、中文。2周内集中授课。招生面向从事电子商务管理及经营的专业人员,每期仅限15人。学习完成,可获得联合国国际贸易法委员会与北京师范大学联合签署的文凭;完成其中任1学期,获得联合国国际贸易法委员会与北京师范大学联合签署的该学期文凭。参加者向北京师范大学交纳全额4,000美元(每个学期2,000美元)学费。
2014-2015学年秋季学期集中授课将于11月24-30日“JCP国际电子商务法活动周”进行。学员除了参加集中授课,还可免费参加“中外专家系列专题讲座”/“首届国际电子商务法高层论坛”等活动。

有意参加者可向北京师范大学与联合国国际贸易法委员会联合组成的工作委员会提出申请,于2014年9月30日前提交中英文简历及与电子商务有关的工作经历的陈述。提交申请以电子邮件方式进行,邮件地址为jcp@bnu.edu.cn。经工作委员会进行审查、录取的学生,将成为北师大正式在校生,并能获得有关课程学分。


[1] 本项目获得了使用联合国标志的专门授权。

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