Talent Profile
Cai Yuanzhen, male, born in July 1987, is a member of Jiusan Society. He is an associate professor at Tongji University School of Law, a bachelor of science degree from Ohio State University, an LL.M. from the Max Planck Institute for Innovation and Competition, and a doctor of law degree from Peking University. After receiving his Ph.D. in 2017, he returned to Shanghai to teach, and in 2022, he was promoted to associate professor. Cai Yuanzhen is one of the young scholars with outstanding research achievements in the field of intellectual property in China, including intellectual property law, tort law, network law, etc. In 2023, he will be selected to become a member of the Shanghai Youth Legal Talent Pool.
Academic research
Cai Yuanzhen has published more than 20 papers in core legal journals such as Chinese and Foreign Law, Legal Science, Global Law Review, Administrative Law Research, Intellectual Property, Yuedan Civil and Commercial Law, and Private Law, with research topics including indirect patent infringement, statutory copyright licensing, indirect trademark infringement, intellectual property forgery, abuse of intellectual property rights, and online intellectual property protection. Cai Yuanzhen's academic research mainly focuses on the basic theory of intellectual property, with the idea of theoretical interpretation, concept clarification and rule system, and the study of legal doctrine as the main method. In recent years, based on his learning experience and thinking in legal politics and legal society, he has begun to try more diversified research perspectives and analytical paths. Benefiting from the learning experience of China, the United States, Germany, Australia and other countries and their completely different cultural traditions, Cai Yuanzhen pays attention to the systematic thinking and normative orientation of civil law countries on the one hand, and has a certain idealistic tendency in academic research. On the other hand, it also emphasizes the interdisciplinary nature of legal research and the fact-oriented approach of the rule of law, hoping to closely bind flexible law with social policy goals, and is willing to try to dissect legal issues from social and political dimensions other than law.
Cai Yuanzhen has presided over a number of national, provincial and ministerial projects, including the 2020 National Social Science Foundation of China Funded Project - "Research on Patent Indirect Infringement System" and the 2019 Shanghai Philosophy and Social Science Planning Project - "Research on the Regulation of Online Intellectual Property Abuse and Intellectual Property Forgery under the Trend of Strong Protection". Among them, the National Social Science Fund will fund the publication of the monograph of the same name, "Research on the Indirect Infringement System of Patents".
Advice and social part-time work
In addition to theoretical research, Cai Yuanzhen also actively provides suggestions and suggestions for the implementation of intellectual property laws and policies, and his decision-making consulting policy suggestions have been approved by major leaders at the provincial and ministerial levels for many times. In terms of part-time employment, Cai Yuanzhen is also a director of the Cultural Industry Rule of Law Research Association of the Shanghai Law Society, a director of the Intellectual Property Law Research Association of the Shanghai Law Society, a director of the Cross-Strait Relations Law Research Association of the China Law Society, a hearing officer of the Yangpu District People's Procuratorate, an editor of Private Law, and a researcher of the International Intellectual Property Research Center of Peking University.
Teaching work
As a university teacher, Cai Yuanzhen believes that the higher education of intellectual property law should focus on the cultivation of new research forces. The development of intellectual property in mainland China is in full swing, but the exploration of young people with academic tendencies is still insufficient, and the teaching and research faculty of most universities are difficult to sustain. Intellectual property legal education should not be confined to the study of basic concepts, norms and cases, but should also extend to the training and teaching of academic writing, methodology and legal concepts. Cai Yuanzhen believes that the interpretation and application of legal norms is an important part of mainland legal education, but it is not the whole of legal education. The formation of the legal department and the establishment of the legal curriculum are always based on the completion of relevant basic theories. In other words, jurisprudence is the cornerstone and something that students need to understand before opening the door to any jurisprudence. With this in mind, it insisted on allocating time at the beginning and end of the law course, especially intellectual property law, and tried to focus on the origins and meanings of the law from different doctrines. In his opinion, it may be more important for students to recognize the value of a Fa in their hearts, and then spontaneously attach importance to the teachings of the Fa.
Goals for future work
In his future academic research work, Cai Yuanzhen plans to continue to specialize in theoretical and practical issues in the field of intellectual property, and gradually shift from legal doctrine research methods to the construction of more macro theories and rules of the intellectual property system. In this process, we will further enhance the level of interdisciplinary research and strive to make contributions to domestic intellectual property research.
Editor in charge: Wang Pu Yu Jiani