Archive for Intellectual Property

Professeur Christophe Geiger Presented at IIPL International Expert Lecture

 IIPL & JCP International Jurists Lecture Series

Professeur Christophe Geiger

Directeur Général du CEIPI & Directeur du Laboratoire de recherché, Université de Strasbourg

RECONCILING COPYRIGHT WITH CREATORS AND FUTURE CREATIVITY

 Date: 27 March 2018, 18:00-19:40

Venue: Law School Auditorium 1922

Moderator & Discussant: Prof. Hong Xue, Director of Institute for Internet Policy & Law (IIPL) and Co-Director of UNCITRAL and BNU Joint Certificate Program on International E-Commerce Law (JCP), Beijing Normal University

In the lecture, Prof. Geige systematically analyzed a variety of legal norms from different jurisdictions that may enable transformative use of the copyright works. He also used a couple of leading cases from Germany, France and USA to illustrate the possible legal solution for reconciliation of copyright with freedom of creation of derivative works. Meanwhile, he insightfully proposed to make pervasive reform on copyright system and to establish the so-called solicized mechanism for copyright interest negotiation, communciation and clearance. Prof. Xue praised the thoughtful research of Prof. Geige and mentioned her own publication on the similar solution. On the other hand, Prof. Xue raised the caveats of the proposed reform and new mechanism, such as potential conflict with moral right, institutional defects for large-scale socialized collective management.

BNU post-graduate students and international visitng or exchange students  from more than 20 countries and regions (such as Tanzania, Togo, Hungary, UK, Scotland, Belgium, Pakistan and China) participated in the Lecture and engaged in the active discussions with Prof. Geige.  

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斯特拉斯堡大学国际知识产权研究中心主任克里斯托弗.盖葛教授专家讲座

北京师范大学互联网政策与法律研究中心、联合国国际贸易法委员会亚太中心与北京师范大学国际电子商务法联合认证项目 

国际法学家讲座系列

2018年3月27日,北京师范大学互联网与法律研究中心、联合国国际贸易法委员会亚太中心与北京师范大学国际电子商务法联合认证项目主办的国际法学家讲座在后主楼1922法学院学术报告厅成功举办。

讲座主题为“版权制度与创作者及未来创作相协调”(Reconciling copyright with creators and future creativity),讲座专家为斯特拉斯堡大学国际知识产权研究中心主任克里斯托弗.盖葛教授。北京师范大学互联网政策与法律研究中心主任、联合国国际贸易法委员会亚太中心与北京师范大学国际电子商务法联合认证项目中方主任薛虹教授担任主持人与评议人。北师大法学院的20多位中外研究生以及来自10余个国家的留学生与访问、交换生参加了讲座,并与讲座专家进行了现场交流。

盖葛教授结合多国立法与判例详细介绍了版权法与衍生性艺术创作的关系,探讨了适用现行法律解决艺术创作限制的各类方案,提出了全面改革版权法律制度,建立社会化的权利管理机制的方案。盖葛教授认为,在国家主管机关的监督下,通过版权人与后续艺术创作者之间的协商谈判,可以既合理实现版权人的经济利益,又保障衍生性艺术创作的自由。薛虹教授指出,曾经于十年前在其出版的专著中提出版权社会化管理机制,以解决网络环境下版权法律制度与实践相脱节的问题。当时受到了美国等国学者的关注。薛教授认为,盖葛教授的改革建议有积极的、创新性的内容,值得国际版权法律学界进一步研究。

来自坦桑尼亚、英国苏格兰等中国法硕士研究生与交换生提出了富有价值的问题,与盖葛教授进行了讨论。研讨会气氛热烈。研讨会结束后,薛虹教授代表法学院向Christophe Geiger教授表示了衷心的感谢,并与与会成员进行合照,本次大会圆满结束。

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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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