Docteur en Droit Privé, Université de Strasbourg
Professor, Department of Law
Director, Corporate Relations and Technology Transfer, Innovation Headquarters
National Cheng Kung University, Taiwan
Email: hfhsu@ncku.edu.tw
Research NCKU: https://researchoutput.ncku.edu.tw/en/persons/hsiao-fen-hsu
Docteur en Droit Privé, Université de Strasbourg
Professor, Department of Law
Director, Corporate Relations and Technology Transfer, Innovation Headquarters
National Cheng Kung University, Taiwan
Email: hfhsu@ncku.edu.tw
Research NCKU: https://researchoutput.ncku.edu.tw/en/persons/hsiao-fen-hsu
Research: Intellectual Property Rights, Law and Agriculture, Innovation Policy, Technology Transfer
Teaching: Intellectual Property Rights, Contract Law,
1.National Cheng Kung University, Professor, Departement of Law, August 2017-present
2.Tunghai Univerity, Faculty of Law, Associate Professor, August 2013- August 2017
3.National Kaohsiung University, Faculty of Law, Adjunct Assistant Professor, February 2013-July 2014
4.CEIPI, Université de Strasbourg, Assistant Researcher, May 2006 -January 2010
RESEARCH PROJECTS IN THE PAST FIVE YEARS
1.Principal Investigator, "Field Investigation Report on the Use of Geographical Indications in Taiwan and Guidance Survey," Intellectual Property Office, Ministry of Economic Affairs, 2024/4/01-2024/10/31.
2.Principal Investigator, "A Practical Study on the Determination of Plant Variety Rights Infringement," Agriculture and Food Agency, Council of Agriculture, 112 Agricultural Science-4.6.3-Food-Z3, 2023/6/01-2023/12/31.
3.Co-Principal Investigator, "Commissioned Project for Enhancing the Effectiveness of Competition Law Enforcement in the Digital Era: Investigation of Cases of Foreign Pharmaceutical Companies Violating Competition Law and the Marketing Models of Domestic Pharmaceutical Companies," 2023/6/01-2023/12/31.
4.Principal Investigator, "Strengthening Protection Measures for Plant Variety Rights Holders and Analyzing Cases of Plant Variety Infringement," Agriculture and Food Agency, Council of Agriculture, 112 Agricultural Science-4.6.3-Food-Z2, 2023/3/01-2023/12/31.
5.Principal Investigator, "The New Green Revolution: The Modern Significance and Challenges of Plant Variety Protection," Ministry of Science and Technology, MOST 111-2410-H-006-013-MY3, 2022/8/01-2025/7/31.
6.Principal Investigator, "Strengthening Border Protection Measures for Plant Variety Rights in 2021," Agriculture and Food Agency, Council of Agriculture, 110 Relief and Adjustment-Food-06(3)(2)(2), 2021/9/01-2020/12/31.
7.Co-Principal Investigator, "Establishment of an Innovative Senior Smart Health Care Ecosystem" (Principal Investigator: Professor Fang-Qing Su, Subproject Principal Investigator: Professor Li-Jie Guo), Ministry of Science and Technology, MOST 110-2627-M-006-006, 2019/8/01-2022/7/31.
8.Principal Investigator, "A Study on the Protection of Trade Secrets under Globalization: Observing and Learning from the EU Directive and Its National Transposition Laws," Ministry of Science and Technology, MOST 109-2410-H-006-070-MY2, 2020/8/01-2022/7/31.
9.Principal Investigator, "A Comparative Study on the Burden of Proof and Evidence Collection in Plant Variety Rights Infringement Litigation," Agriculture and Food Agency, Council of Agriculture, 09 Agriculture and Food-2-9-Work-01(Z), 2020/3/01-2020/12/31.
10.Co-Principal Investigator, "Analysis and Promotion Project for the Mechanism of Scientific Research Results Entrepreneurship," Ministry of Science and Technology, MOST 109-2823-8-002-008, 2020/10/01-2021/12/31. (Principal Investigator: Professor Bing-Hui Chen)
11.Co-Principal Investigator, "Establishment of an Innovative Senior Smart Health Care Ecosystem (2/3)" (Principal Investigator: Professor Fang-Qing Su, Subproject Principal Investigator: Professor Li-Jie Guo), Ministry of Science and Technology, MOST 109-2627-M-006-002, 2020/8/01-2021/7/31.
12.Co-Principal Investigator, "Analysis and Promotion Project for New Types of Industry-Academia Linkage Mechanisms," Ministry of Science and Technology, MOST 108-2823-8-002-005, 2019/10/01-2020/9/30. (Principal Investigator: Professor Wen-Zhong Wu)
13.Principal Investigator, "Good Practices in Intellectual Property Rights: A Comparative Study on the 'Mechanisms' and 'People' in the Implementation of Intellectual Property Protection in Taiwan and France," Ministry of Science and Technology, MOST 108-2410-H-006-065, 2019/8/01-2020/7/31.
14.Principal Investigator, "A Study on Trademark Functions: Modernization and New Challenges of Trademark Law," Ministry of Science and Technology, MOST 106-2410-H-029-026-MY2, 2017/8/01-2019/7/31.
PUBLICATIONS IN THE PAST FIVE YEARS
With the exception of the specifically indicated book chapters published in English, all the works currently listed below have been rigorously peer-reviewed and published in Chinese academic journals and books.
Journal Articles
1. Rethinking the Calculation of Damages for Copyright Infringement: Discussing the Supreme Court's Judgment in the 2022 Tai-Shang-Zi No. 2079 Case, Chung Cheng Financial and Economic Law Review, No. 27, July 2023, pp. 151-208. (Double-blind peer review)
2. Green Future: The Challenges of Climate Change Response Law and Intellectual Property Rights, Contemporary Law, No. 17, May 2023, pp. 14-22.
3. The Story of Tomatoes, Cauliflowers, and Bell Peppers: A Brief Discussion on European Cases and Developments Regarding Plant Patent Eligibility, Formosa Transnational Law Review, No. 244, August 2022, pp. 35-49.
4. The New Boundary Between Copyright and Competition Law: Examining the French Google News Negotiation Case, Neighboring Rights, and Abuse of Market Dominance, Fair Trade Quarterly, Vol. 30, No. 3, July 2022, pp. 1-48. (Double-blind peer review, TSSCI)
5. The Necessary Thinking for Legislating Repair Exemption Clauses, Tunghai Law Review, No. 63, April 2022, pp. 99-150. (Double-blind peer review, Core journal)
6. Calculating Damages for Trademark Infringement: Some Thoughts on Article 71, Paragraph 1, Subparagraph 3 of the Trademark Act, Formosa Transnational Law Review, No. 235, February 2021, pp. 21-31.
7. Reflections on the Patent System, Green Innovation, and Climate Change, Patent Attorney Quarterly, No. 42, April 2020, pp. 30-44.
8. A Preliminary Exploration of the Intersection Between Smart Healthcare and Patent Protection: Let Us Age Actively with Positive Innovation, Formosa Transnational Law Review, No. 229, February 2020, pp. 2-10.
9. Disclosure and Protection of Trade Secrets in Civil Cases: Focusing on France's New Trade Secret Law of 2018 and Commenting on the Supreme Court's 2017 Tai-Shang-Zi No. 55 Judgment, Taiwan Law Review, No. 297, February 2020, pp. 177-196.
10. The Transformation of the EU Digital Single Market Copyright Directive, Accounting Research Monthly, No. 406, September 2019, pp. 96-102.
11. The Obligation to Submit Documents in Intellectual Property Litigation: Focusing on the Right to Request Information in French Patent Infringement Litigation and Commenting on the Intellectual Property Court's 2015 Min-Zhuan-Su-Zi No. 94 Judgment, Taiwan Law Review, No. 292, September 2019, pp. 191-204.
Books and Book Chapters
1. A Study on Restrictive Competition Agreements in EU Competition Law: Focusing on Market Definition and Market Effects, "Innovation and Application Boundaries of Competition Law," edited by Yueh-Cheng Niu, Angle Publishing: Taipei, December 2023, pp. 425-488.
2. Chapter 4 Taiwan: Overview and Summary, "Trade Secret Protection: Asia at a Crossroads" (ed. Kung-Chung Liu, Reto M. Hilty), Kluwer Law International, November 2021, pp. 171-177 (in English)
3. A Ping-Pong Between Burden of Proving Trade Secret Infringement and Specific Defense, Co-author with Kung-Chung Liu, "Trade Secret Protection: Asia at a Crossroads" (ed. Kung-Chung Liu, Reto M. Hilty), Kluwer Law International, November 2021, pp. 194-201 (in English)