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4th Asian IP Works-In-Progress Conference

School of Law, Singapore Management University, 30­31 January 2019

Organizer: Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) School of Law, Singapore Management University, Singapore Co-organizer: Graduate School of Law, Nagoya University, Japan Sponsors: International Trademark Association (Singapore Office) Sunshine Legal Foundation (PRC, Beijing) Kim & Chang (South Korea, Seoul) Chen & Lin (Taiwan, Taipei)

DAY 1 – 30 January 2019, Wednesday

Time Session

8.30 am – 9.00 am

Venue: Main Atrium, Level 1 Registration [Participants to be seated by 8.55am]

9.00 am -9.05 am

Venue: David Marshall Moot Court, Level 1 Welcome Address GOH Yihan, Dean, School of Law, Singapore Management University, Singapore

9.05 am -9.10 am

Venue: David Marshall Moot Court, Level 1 Opening Remarks Masabumi SUZUKI, Dean, Graduate School of Law, Nagoya University, Japan LIU Kung-Chung, Director, Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University, Singapore

Parallel Sessions

9.10 am - 10.50 am

Venue: David Marshall Moot Court, Level 1 Panel A - International Aspects of IP

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Chair David LLEWELYN, School of Law, Singapore Management University, Singapore Presenters Heng WANG, Faculty of Law, UNSW Sydney, Australia The Paradigm Shift In China's Approach To International Economic Law: Intellectual Property And Beyond HE Tianxiang, School of Law, City University of Hong Kong, PRC The Big “Ban” Theory And Piracy: Which Way Forward For Effective Transnational Copyright Enforcement Policy In China? Fries Melia SALVIANA, Faculty of Law, University of Wijaya Kusuma Surabaya, Indonesia The Fairness Principle In The Application Of Bilateral Agenda For The Settlement Of Disputes In The Field Of Intellectual Property Rights QIU Ziyan, Graduate School of Law, Nagoya University, Japan Patent Infringement By Multiple Actors And Extraterritorial Patent Enforcement: Focusing On Cross-Border Scenarios

9.10 am - 10.50 am

Venue: Seminar Room 2.16, Level 2 Panel B – Patents Chair Yoshiyuki TAMURA, Hokkaido University, Japan (Tokyo University April 2019 onward) Presenters Keita SATO, Chuo Law School, Japan Possible Conflict Between JPO’s Examination Of Substance Patents For Functional Food And the Consumer Agency’s Examination For Food Indication YANG Chih-Chieh, National Yunlin University of Science & Technology, Taiwan Does Refusal To License IP Rights Violate Antitrust Law? The Refusal-To-Deal Doctrine And Essential Facility Doctrine Compared And Two Recent Taiwan Case Studies Angayar Kanni RAMAIAH, Faculty of Law, University Technology MARA (UiTM), Malaysia IPRs In The Precinct Of Competition Law In Malaysia: When A ‘Refusal To Deal’ Should Be Exempted In High Technology Markets? LIU Jianchen (Jarek), Law School, Renmin University of China, PRC Chinese Debate And Experience On Applying The “Notice And Takedown” Rule To Patent Infringement Cases

10.50 am - 11.10 am

Venue: Foyer Area, Level 2 Tea Break

Parallel Sessions

11.10 am - 12.50 pm

Venue: David Marshall Moot Court, Level 1 Panel A – Trade Marks

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Chair SUN Haochen, Hong Kong University, PRC Presenters Althaf MARSOOF, Nanyang Technological University, Singapore Online Hosts And Their Liability For Infringements Of Trade Mark Rights – Remedying The Malady Through Law Reform CHEN Hao-Yun, College of Law, National Taipei University, Taiwan Protection Of Well-Known Symbols At The Interface Between Trademark Protection And Unfair Competition Law In Taiwan And Japan: A Comparative Study Ankita ASERI, National Law University, Jodhpur, India (co-author, Dilip SHARMA, Rajasthan High Court) Commercializing Religion Via Trademarking God Sonali SAWANT, StratJuris Partners, India Decoding The Trade Mark Laws In SAARC Countries – From Differences To Inferences For Harmonization

11.10 am - 12.50 pm

Venue: Seminar Room 2.16, Level 2 Panel B - Patents and Designs Chair CUI Guobin, Tsinghua University, PRC Presenters DENG Zhihong, Huazhong University of Science & Technology, PRC On The Allocation Of Rights In Employees’ Inventions In Chinese Universities

Akanksha JUMDE, Deakin Law School, Deakin University, Australia Utility Models In India: Advocating An Alternative System for Protecting Inventions

Shalini JHUNJHUNWALA, Shanghai International College of intellectual Property, Tongji University (SICIP), PRC Protection Of Architectural Designs: An Intellectual Property Perspective Etsuko YOSHIDA, Intellectual Property Center Osaka University, Japan Intellectual Property Protection Of Products Resulting From Medical, Nursing, Engineering, And Design Collaboration

12.50 pm -2.00 pm

Venue: Foyer Area, Level 2 Lunch

Parallel Sessions

2.00 pm - 3.40 pm

Venue: David Marshall Moot Court, Level 1 Panel A - Patents and Competition SEP/FRAND

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Chair Masabumi SUZUKI, Graduate School of Law, Nagoya University, Japan

Presenters Vaishali SINGH, Gujarat National Law University, India Standard Essential Patents And Technology Transfer In View of India’s Digital Technology Initiative ZHANG Haoran, Law School, Renmin University of China, PRC

SEPs Enforcement Issues－ Comparative Study Of China And Japan Praveen TRIPATHI, National Law School of India University, India Enforcement Of FRAND Commitments: A View From India And China ZHANG Weiyu, Hokkaido University, Japan Patent Exhaustion In Japan: Challenges And Choices Of Surviving The Market Competition

2.00 pm - 3.40 pm

Venue: Seminar Room 2.16, Level 2 Panel B - Copyright Chair LEE Su-Hua, National Taiwan University, Taiwan Presenters Kelvin SUM Ying Yew, Centre for Commercial Law Studies, Queen Mary University of London, United Kingdom Copyright Distribution: Economic (D)Evolution In An Online Environment HUANG Weijie, Faculty of Law, The University of Hong Kong, PRC To Block Or To Monetize”: A Mechanism To Facilitate Copyright Reallocation Chamindi EKANAYAKE, Nithya Partners, Sri Lanka Conquering The Cultural Economy – A Look At The Copyright Protection Regimes In South Korea And India Chanmi OH, Seoul National University, South Korea Copyright In Robot Journalism

3.40 pm - 4.00 pm

Venue: Foyer Area, Level 2 Tea Break

Parallel Sessions

4.00 pm – 5.40 pm

Venue: David Marshall Moot Court, Level 1 Panel A - Patents and Competition SEP/FRAND Chair LIU Kung-Chung, School of Law, Singapore Management University, Singapore

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Presenters Andy CHEN, Department of Financial and Economic Law, Chung Yuan Christian University, Taiwan Efficiency Considerations In Competitive Analysis Of Royalty Rebates: The Qualcomm And Intel Decisions Compared Thomas LU, Washington University School of Law, USA (co-author April You Qiong. Ai, Fudan University School of Management) Why Do Standard Essential Patents (SEPs) Holders Implement Bundled Rebate Programs? Analyses From Legal And Business Perspectives LI Jingze, Tilburg Law School, Tilburg University, Netherlands When FRAND Meets An Open Source License: Challenges To IPR Arrangements In Standard Setting Organizations - The Case of Apache V.2 In ETSI Under The Lens of EU Competition Law As An Example Shrinkhala JAISWAL, Centre for Innovation, Intellectual Property and Competition, National Law University, India (co-author, Yogesh A. PAI, Centre for Innovation, Intellectual Property and Competition, National Law University) ‘Working’ Through NPEs Debate: Injunctive Relief In India

4.00 pm – 5.40 pm

Venue: Seminar Room 2.16, Level 2 Panel B - Copyright Chair Sang Jo JONG, Seoul National University, South Korea Presenters Devika AGARWAL, National Association of Software and Service Companies, India Analysing The DU Photocopy Case From An International IP Law Perspective Sujin LEE, Seoul National University, South Korea Private Copying In Digital Age ZHANG Chenguo, KoGuan Law School, Shanghai Jiaotong University, PRC Towards A Balanced System of Sports Program Protection In China - The Notion of Originality Revisited From The Perspective of Comparative Law DANG YuJie, KoGuan Law School, Shanghai Jiaotong University, PRC The Protection Of “Whole Game Animation”

5.40 pm – 6.10 pm

Venue: David Marshall Moot Court, Level 1 Keynote Presentation: Copyright Law Developments at WIPO Diyanah BAHARUDIN, Senior Legal Counsel, Intellectual Property Office of Singapore

(IPOS), Singapore

Moderator Bharat DUBE, Strategic IP Information Pte Ltd, Singapore

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6.10 pm – 7.30 pm

Venue: Foyer Area, Level 2 Dinner Reception (International Trademark Association (Singapore Office))

End of Day 1 (See next page for Day 2 conference program)

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DAY 2 – 31 January 2019, Thursday

Time Session

8.30 am – 9.00 am

Venue: Main Atrium, Level 1 Registration

9.00 am – 9.30 am

Venue: David Marshall Moot Court, Level 1 Launching the VIPP’s (Visionary IP Professors for the Betterment of IP Study and Regimes in Asia) Statement on Intellectual Property Protection for Pharmaceuticals and Market Approval Mechanisms in Asia Presenters LIU Kung-Chung, Convener of VIPP, School of Law, Singapore Management University, Singapore LEE Su-Hua, National Taiwan University, Taiwan CHEN Hao-Yun, National Taipei University, Taiwan Feroz ALI, IIT Madras, India

Parallel Sessions

9.30 am -11.10 am

Venue: David Marshall Moot Court, Level 1 Panel A – ASEAN/SAARC Chair LIM Heng Gee, Universiti Teknologi Mara, Malaysia Presenters KWONG Qi Jun, Graduate School of Law, Nagoya University, Japan Cross-Border Patent Infringement And ASEAN’s Economic Integration: An Assessment Of The Applicability of Regional Private International Law Rules In Civil Litigation PHAN Quoc Nguyen, School of Law, Vietnam National University, Vietnam IP Law And Policy For Innovative Startup Development From A Comparative Perspective Between Vietnam And Singapore KHIN Thinn Thinn Oo, Department of Law, University of Yangon, Myanmar Understanding Trademark Protection In Myanmar Through A Comparison With Cambodia, Laos And Vietnam

9.30 am -11.10 am

Venue: Seminar Room 2.16, Level 2 Panel B – Big Data / Application of Crypto Technology

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Chair Feroz ALI, IIT Madras, India Presenters CHENG Wenting, School of Law, Singapore Management University, Singapore Test Data Protection In China

SUNG Huang-Chih, National Chengchi University, Taiwan When Open Source Software Encounters Patents - Blockchain As An Example To Illustrate The Conflict And Explore The Solutions

Eka Nanda RAVIZKI & Nazma Swastika Aries PURNAMI, Faculty of Law, Gadjah Mada

University of Indonesia, Indonesia

Understanding The Changing Concept Of Electronic Transactions By Using

Cryptocurrency In The Disruption Technology Era (a Comparative Study of Indonesia

And Singapore)

CHIANG Yachi Christy, National Taipei University of Technology, Taiwan

The Concept And Judicial Practice on the Right To Be Forgotten In Japan, India, China

And Taiwan

11.10 am - 11.30 am

Venue: Foyer Area, Level 2 Tea Break

Parallel Sessions

11.30 am - 1.10 pm

Venue: David Marshall Moot Court, Level 1 Panel A – Asia and Beyond Chair IInsan Budi MAULANA, Faculty of Law, Universitas Indonesia, Indonesia Presenters TRAN Van Nam, Faculty of Law, National Economics University, Vietnam Commercial Name Dispute Resolution: From Vietnam’s Perspectives Kudrat-E-KHUDA (Babu), Daffodil International University, Bangladesh Music Video, Audio Album And Cinema Piracy In Bangladesh: A Critical Analysis ZHANG Na, Law School, Capital University of Economics and Business, PRC Getting Sued Even While Under Blanket License With Collective Management Organizations In China PENG Yaojin, Institute of Zoology (IOZ), Chinese Academy of Sciences (CAS), PRC Patenting Human Parthenogenetic Stem Cells And Defining Human Embryos In China

11.30 am - 1.10 pm

Venue: Seminar Room 2.16, Level 2 Panel B – AI and IP

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Chair Daniel SENG, National University of Singapore, Singapore Presenters LI Gi-Kuen Jacob, Graduate Institute of Intellectual Property and Communication Technology Law, Shih Hsin University, Taiwan Exploring The Future Of AI Generated Works – A Comparative Research On PRC And ROC Copyright Laws LEE Chuan, School of Law, Singapore Management University, Singapore Confronting The Black Box: Auditing Algorithms And IP Reforms In The Machine-Learning Era WANG Wei, Faculty of Law, The University of Hong Kong, PRC Regulating E-Health In An Scenario Of Algorithmic Collusion: The Exemplification Of Bioprinting In An Ethical Patent Regime Ravindra CHINGALE, Supreme Court of India, India Whether The Indian Patent System Is Ready To Face The Challenges Posed By AI Related Inventions?

1.10 pm -2.10 pm

Venue: Foyer Area, Level 2 Lunch

Parallel Sessions

2.10 pm – 3.50 pm

Venue: David Marshall Moot Court, Level 1 Panel A – Traditional Knowledge/ Plant Breeder’s Right/ GI Chair Sutatip YUTHAYOTIN, National Court of Thailand, Thailand

Presenters Royal Raj SUBBURAJ, Tamil Nadu National Law University, India Traditional Knowledge As A Fundamental Right: the Constitution Of India Vis A Vis the Constitution Of Indonesia Asanka PERERA, Monash Business School, Monash University, Australia Discourses On Exclusion Of Traditional Varieties In Sri Lanka’s Plant Breeders Rights Law Farizah MOHAMED ISA, Faculty of Law, University Technology MARA (UiTM), Malaysia A Comparative Study On The Patentability Of Biotech Inventions And The Impact Of The Protection In Malaysia And Thailand

2.10 pm – 3.50 pm

Venue: Seminar Room 2.16, Level 2 Panel B – Copyright Chair David TAN, National University of Singapore, Singapore

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Presenters Shreyansh SINGH, Centre for WTO Studies, Indian Institute of Foreign Trade, India Making India Streaming Ready: Lessons From China And the USA Jie WANG, KoGuan Law School, Shanghai Jiaotong University, PRC A Flexible Fair Use Mechanism In China – Compared With The Copyright Exemption Clause In The Newly-Revised Japanese Copyright Act Takeshi MAEDA, Graduate School of Law, Kobe University, Japan Introduction Of New “Flexible” Copyright Limitations In Japan: An Alternative to Fair Use

3.50 pm - 4.10 pm

Venue: Foyer Area, Level 2 Tea Break

Parallel Sessions

4.10 pm – 5.50 pm

Venue: David Marshall Moot Court, Level 1 Panel A – Outlying IP Topics Chair Prashant REDDY, Vidhi Centre for Legal Policy, India Presenters Subhash Chandra ROY, Chanakya National law University, India Disclose Or Keep It Secret: Inventing The Tools For Industrialisation In The Globalising World? Solomon SOH Zhe Hong, School of Social Sciences, Singapore Management University, Singapore China's Usage Of AI In Legal Area--Some Observation And Reflections

Julia Jiyeon YU, Graduate School of Law, Kyushu University, Japan IP Dispute Resolution And Arbitration In Asia Bharat DUBE, Strategic IP Information Pte Ltd, Singapore The Enforcement Of IP Rights In Cyber-Space

5.50 pm – 6.10pm

Venue: David Marshall Moot Court, Level 1 Closing Remarks LIU Kung-Chung, Director, Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University, Singapore HE Tianxiang, School of Law, City University of Hong Kong, PRC

6.10 pm – 7.30 pm

Venue: Foyer Area, Level 2 Closing Reception

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Conclusion of the Conference