This course is suitable for 2nd and 3rd year students in Law, Social Sciences (anthropology, sociology of development, public administration), and Humanities (history, area studies, arts). Non-Law students should be willing to familiarise themselves with the outlines of law, whereas law students should be willing to engage in subjects beyond the rules of black letter law. For this course a sufficient command of English (IELTS 6.5 or higher) is required.
Is China capable of innovation? This question is a controversial one, and one often answered with doubtful responses. Nevertheless, as China’s economic development progresses, innovation has become a central concern of policymakers in Beijing, and law has been the most central tool by which this innovation is stimulated. Consequently, a range of legislative and regulatory measures is now in place, aimed at enhancing China’s capability for developing and marketizing new technologies. Most important among these is a comprehensive structure of intellectual property law. Moreover, legislative reform efforts have been made in various supporting fields, including investment, competition and international trade law. Nevertheless, the pursuits of innovation sometimes conflicts with other interests of the Party-State, in particular the maintenance of information control, manifested through a complex web of regulation around technology and content.
This course has two aims. First, it will provide students with a toolkit to understand the relationship between law, development and innovation from a theoretical perspective. Second, it will provide a comprehensive introduction to China’s innovation law and policy, which will act as a case study of how law interacts with a rapidly evolving economic environment.
Objectives of the course
Introduce students to theories concerning the interaction between law, development and innovation
Introduce students to the institutional environment of China’s particular economic government structure
Review the substantive legal frameworks of Chinese intellectual property law, investment law, competition law, technology law and corporate law that touch upon questions of innovation.
Enable students to research case studies inquiring into the effect of legal frameworks on development and innovation outcomes.
When completing the course, students will have obtained the following qualifications:
A sound knowledge of the organizational and substantive elements of China’s innovation policy and the corresponding legal frameworks.
A basic insight into the interaction of law, development and innovation
The ability to evaluate particular case studies in the light of the above two points
The ability to critically reflect on current developments in China’s economic governance
The ability to effectively present the legal questions concerning a specific case to a broader audience, and thereby contribute to the public debate.
The timetable of this course can be found in uSis.
Mode of instruction
Number of lectures: 9
Introduction to theories of law, innovation and development
China’s economic law and policymaking structure
Intellectual property rights I: Patents and trade secrets
Intellectual property rights II: Copyright
Intellectual property rights III: Trademarks
Innovation and investment law
Innovation and international trade
- Number of (2 hour) seminars: 3
At the seminars, students will present case studies on particular questions in law and innovation.
A syllabus of required and suggested literature will be provided. Students will be required to have read required literature before every lecture. Student groups will be required to prepare and present relevant case studies in class.
Final exam: 70%
Note: a partial grade for the written exam or presentation will no longer be valid if a student has not passed the course in its entirety by the end of the academic year.
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.
More information on this course is offered in Blackboard.
Obligatory course materials
Course information guide:
Reader, available via Blackboard
Recommended course materials
Students have to register for courses and exams through uSis.
Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.
Coordinator: Dr. Rogier Creemers
Work address: KOG
Contact information: by appointment via email
Telephone number: +31 (0)71 527 6133
Division: Van Vollenhoven Institute
Room number secretariat: KOG, room B3.13
Opening hours: Monday – Friday 9.00 – 12.30 and 13.30 – 16.00 h.
Telephone number secretariat: +31 (0)71 527 7260
Anyone interested in registering for this course as part of a Contractual Programme (Contractonderwijs), which includes examination, will find further information regarding costs, application and registration, conditions etc. on the website of Juridisch PAO (Legal postgraduate education).