Dr Ken Shao Homepage

Dr Ken Shao

Lecturer
Ph.D (London), LL.M (London), LL.B (Nanjing)

Dr. Ken Shao, PhD (London), LLM (London), LLB (Nanjing), is a Lecturer in Law, Director of the Postgraduate Certificate in Chinese Law, Director of Asia-Pacific Intellectual Property Law Institute (APIPLI), School of Law, Murdoch University, and Adjunct Professor, Center for Studies of Intellectual Property Rights of Zhongnan University of Economics and Law, a Key Research Institute of Humanities and Social Sciences approved by the Ministry of Education, China (for the appointment ceremony by Prof. Wu Handong, the Director of China’s IP Institute, please see http://www.iprcn.com/view_xz.asp?idname=2281).

Dr. Shao holds a PhD and an LLM degree from Queen Mary Intellectual Property Institute, University of London, an internationally established IP centre and part of one of eight RAE 5* (2001) UK Law Schools. He also holds an LLB degree from the century-old Nanjing University, which is one of China’s best universities located in the nation’s cultural and economical centre in southeast China.

Dr. Shao’s research covers IP and China-related issues in an interdisciplinary context of law, politics, economy and culture. Since 2003, he has published 11 academic papers, mostly in leading law journals including the flagship of the British Intellectual Property Institute. Two of them, aimed at reducing the US-China IP conflicts, have fundamentally challenged Harvard Professor William Alford’s widely adopted views on China’s traditional understanding of IP.

Dr. Shao has spoken at several high-level international IP conferences , including the Nanhu Summit IP Forum (2008 & 2009), China’s academically highest-level Intellectual Property Conference, which in 2008 was sponsored by over 40 leading Chinese news media. He has managed and assisted academic, social and commercial projects.

Dr. Shao’s PhD study was supported by the prestigious Queen Mary Research Studentship and supervised by Professor Graham Dutfield, D.Phil. (Oxon), currently a Senior Member of University of Oxford’s Intellectual Property Research Centre and the Co-Director of Centre for International Governance, University of Leeds. In 2006, Dr. Shao was one of the annual winners of a highly distinguished prize given by the Education Ministry of China for rewarding outstanding overseas Chinese doctoral researchers.

Dr. Shao directs a successful Chinese Law Program. During each summer holiday, Dr. Shao takes Australian students to China to attend Chinese law courses and to explore various aspects of the Chinese legal system. For exciting photos of the successfully completed 2008 Postgraduate Certificate in Chinese Law Program, please visit: http://www.law.murdoch.edu.au/news/chinese_law_2008.html .

In 2008, the Program was reported by the Australian Financial Review magazine, the most authoritative business magazine in Australia. To recognize the crucial importance of this Program to Australia’s industry and legal professions, Minter Ellison, an internationally leading law firm, has decided to donate $10,000 to support the program each year (http://www.law.murdoch.edu.au/news/minter_ellison_chinese_law.html)

Career:

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2007– Present, Murdoch University	Lecturer in Law
	Director, Postgraduate Certificate in Chinese Law
	Research Fellow , Asia Pacific Intellectual Property Law Institute
	Director of International Intellectual Property Virtual Moot Court

Education:

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Ph.D., Queen Mary Intellectual Property Law Institute, University of London
LL.M. Queen Mary, University of London
LL.B., Nanjing University, China

Teaching:

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Units taught and coordinated:

Patents Law & Sui Generis Regimes
World Trade Organization Law
Law in China: Continuity and Change
Supervised Legal Research Papers
Equity & Trust Law (Tutorial)
Australian Legal System (Tutorial)

Research:

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International intellectual property laws and policies
China’s intellectual property laws and strategies
WTO law
China’s rule of law issues, legal history and culture

Publications:

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Book Draft

K. Shao, The Justice of Balance: Intellectual Property in China’s History and a New Justification for Creativity and Access to Knowledge, a draft is ready.

Peer-reviewed publications

K. Shao, “From Lockean Theory to Intellectual Property: Marriage by Mistake and its Incompatibility with Knowledge Creativity and Dissemination”, Hong Kong Law Journal, Forthcoming.

K. Shao, “Software Protection in China: the Post-TRIPS Expansionism of Intellectual Property”, International Journal of Private Law, Vol. 2, No. 1, 2009. (16 pages)

K. Shao, “ What May Validate Intellectual Property in a Traditional Chinese Mind? Examining the U.S.-China IP Disputes through a Historical Inquiry ”, Journal of Information, Law and Technology ( University of Warwick), Issue 1, 2006. (22 pages)

K. Shao, “Alien to Copyright?: A Reconsideration of the Chinese Historical Episodes of Copyright”, Intellectual Property Quarterly, London: Sweet & Maxwell, No. 4, 2005, pp. 400-31. (32 pages) (Recommended by American Bar Association)

K. Shao, “Look at My Sign! – Trademarks in China from Antiquity to the Early Modern Times”, The Journal of the Patent and Trademark Office Society, No. 8, August, 2005, pp. 654-82. (29 pages) (Recommended by American Bar Association)

K. Shao, “Exhaustion of Rights and Free Trade in the EC: A Utilitarian Trend in Recent Cases on Parallel Import”, Peking University Intellectual Property Review, Beijing: Law Press, 2004, pp. 207-16. (10 pages)

K. Shao, “Fair or Not: Comments on the Uncertainties of the Uniform Domain Name Dispute Resolution Policy (UDRP)”, Peking University Internet Law Review, Beijing: Law Press, vol. 3, 2003, pp. 234-46. (13 pages)

K. Shao, “On the Premises of Understanding the Positive Interactions between Confucianism and Rule of Law”, AcademicJournal of Soochow University (Philosophy & Social Science), vol. 1, 2003, pp. 35-42. (8 pages)

K. Shao, “Approaches to the Belief in Constitutionalism”,The Rule of Law Forum (Fazhi luncong), Vol. 18, 2003, pp. 62-67. (6 pages)

Book Chapters

K. Shao, “Chinese Authorships: Only Thieves ‘Steal Books’ while Knowledge Belongs to the Public”, in Technology, Progress and Prosperity: a History of Intellectual Property and Development, Graham Dutfield & Uma Suthersanen (ed.), forthcoming. (c. 20 pages)

Newspaper articles (academic & non-academic)

K. Shao, “The US Patent Law Facing Complete Revision”, China Legal Daily, 23rd February 2008. (This is an invited comment by the highest-level legal newspaper of China )

K. Shao, “Diverse and International Career Opportunities for Australian Law Graduates”, China Legal Daily, 3rd August 2008. (This is an invited comment by the highest-level legal newspaper of China).

K. Shao, “The Two Londons that I Love”, Chinese Scholars ( Education Ministry, China), forthcoming.

Online Publications

K. Shao, “Free Copying and Legal Clarification: the Latest Trend of Anglo-American Cases of Trade Dress”, Judicial Protection of IPR in China, website of Judge Dr. Jiang Zhipei, Chief Justice of the Intellectual Property Right Chamber of the Supreme People’s Court of P.R. China; posted by Judge Jiang in 2004, http://www.chinaiprlaw.com/lgxd/lgxd50.htm (13,189 Chinese words)

Invited Conference presentations (selected)

K. Shao, “2009 International Conference on ‘Implementing IPR Stratagem and Perfecting IPR System’”; invited by Prof. Wu Handong, the Director of China’s Intellectual Property Institute and the President of Zhongnan University of Economics and Law, China.

K. Shao, “Proprietary Issues in Craft Skills in Late Imperial and Modern China”: the Association for Asian Studies Annual Meeting, Chicago University March 2009. (I was invited because I am the only person who has conducted substantial studies on the role of technological creativity in knowledge transmission in pre-modern China; not able to attend).

K. Shao, “Reading Intellectual Property Rights without a Monopolistic Perspective”, Summit Forum: Implementing IPR Stratagem and Perfecting IPR System ( Wuhan, China), 19-20 April 2008. (Organized by China’s central government’s IP Strategy Office, supported by 45 leading media and attended by 300 people, it is the highest-level IP academic conference in China). For photo report, see, e. g. , www.china.com.cn/economic/zhuanti/08zscq/2008-04/20/content_14982745.htm; www.china.com.cn/economic/zhuanti/08zscq/node_7042937.htm

K. Shao, “Domain Names, Recent Policy Changes and Investment Opportunities in China”, Asia Pacific Intellectual Property Law Institute’s Professional Development Seminar, Western Australia Club, 3 October 2007.

K. Shao, “What May Validate Intellectual Property?: An Examination of the History of the US-China IP Disputes”, Second International Symposium: Alternative Frameworks for the Validation and Implementation of Intellectual Property in Developing Nations , University of Wolverhampton (UK), 6 February 2006 .

K. Shao, “ Authors and Copyrights in Traditional China ”, ESRC Research Seminar: Creativity and Human Society – What does History Tell Us?, QMIPRI, University of London , 29 November 2004.