Ms. Jingwen Liu 劉靜雯女士

Research Student

Working toward a PhD in Laws, expected 2024

Jingwen Liu is a PhD candidate at the Faculty of Law, The Chinese University of Hong Kong. Her research interest lies in the areas of intellectual property law, trademark and copyright theories and antitrust enforcement practices. Prior to commencing her PhD study, she obtained both her bachelor’s and master’s degrees in laws. She is also admitted to practice in the People’s Republic of China.

THESIS TOPIC

The Availability of SEP-Based Injunctions in China: A Pandora’s Box?, co-supervised by Professors Jyh-An LEE and Chao XI.

RESEARCH INTERESTS AND AIMS

Ms. Liu is interested in intellectual property law and competition law, and in particular, the competition law concerns with respect to the abuse of intellectual properties. With her thesis, Ms. Liu hopes to investigate how major jurisdictions have interpreted the Fair, Reasonable, and Non-Discriminatory (FRAND) obligations imposed to Standard-Essential Patent (SEP) holders, and what the competition law effects of a SEP-based injunction application are. By systematically examining the judicial practices and applying economic analysis of law, the aims of the research are to conclude the diligent procedures of taking and granting a FRAND license, and to assess whether the competition law intervention is socially and economically desirable.

Working Papers and Publications
  • Prior-Use Defence in the Chinese Trademark Law, 42 EUROPEAN INTELLECTUAL PROPERTY REVIEW (forthcoming 2020) (with Jyh-An Lee)
  • What China Can Learn from Common Law Approach to Trade Secrets and the Protection of Confidential Information? (由普通法观点论对商业秘密和机密信息的保护), 2020(4) SJTU LAW REVIEW (交大法学) 34 (2020) (with Jyh-An Lee)
    EDUCATION AND AWARDS
    • Master of Laws, The Chinese University of Hong Kong, Hong Kong, 2018.
    • Bachelor of Laws, Beijing University of Civil Engineering and Architecture, China, 2017.