statement of purpose 4

（雷）

I should have written this statement seven years ago; sadly, the Asian financial crisis of 1997 forced me to abandon my plan to study overseas then.  While seven years of waiting may help most people get over their frustration and forget their enthusiasm, I never gave up on my dream to further my studies in law.

I had always been a good student.  I was good at memorizing and comprehending and could understand and apply the laws precisely.  Performing well in classes and getting good grades were not difficult tasks for me, so I quickly lost myself in over-confidence.  It was an encounter in a casual party that woke me up to the meager reality of my professional achievement.  Information technology was taking off in Taiwan in the mid-1990s and many students were crazy about the BBS.  Their interactions on the internet sometimes would exceed the rules of good behavior.  At the party, I was chatting confidently with everybody when the host, Prof. Wu of the Dept. of Economics, turned and asked me how I would deal with the new phenomenon on the internet.  I was caught by surprise, blushed and could not find anything sensible to say.  Prof. Wu then said, 「The existence of law is to solve the problems in human society.  As a student of the law school, you must open your eyes to observe the changes of society and develop ability to analyze new phenomena and to design corresponding mechanisms.」  Shamefully, I realized that my outlook on law had been quite limited.  I decided to learn more, observe more critically, and question the usual way of looking at the world.

It was another professor of economics who led me to explore the fantastic world of law.  A friend had told me that economics would be a useful tool to improve my analytic ability, but I did not take it seriously for I myself had already taken an introductory economics course in my freshman year.  In my memory, economics was a boring combination of lines, curves and figures.  My friend persuaded me to give it another chance, so I took a course taught by Professor Chen.  I was totally fascinated with his clear explanation of theories and the application of economics in my life.  He discussed topical news with me and tried to analyze various phenomena in economics.  The course became dialogues between Prof. Chen and me.  Because of my interest, he introduced me to many books about economic analysis of law, and I developed a keen interest in applying the economic method to consider legal issues.  The reasons, spirit and value of law became clearer and clearer in my mind, and the progress helped me pass all qualification examinations for bar and judge smoothly.

When the economic storm hit Asia, it also shot down my plan to study abroad.  With the substantial devaluation of NT dollar caused by the Asian financial crisis, I was forced to give up my plan and take up a professional life.  At the age of 25, I became a judge.  The position was really a tremendous burden and challenge for me. I tried to do my best and overcome my deficiency.  Once I receive a case about construction.  The plaintiff, a contractor, sued the defendant, a senior high school, for remuneration.  According to the contract, the contractor had to construct a building and decorate it with granite pieces.  The contractor had completed the work on time.  However, one month later, many spots appeared on the surface of the granite pieces and the defending high school refused to pay any more remuneration. The contractor argued that the spots were due to irresistible causes.  In order to understand the cause for such stains, I located a Japanese textbook that introduces stone construction and began learning about construction.  Eventually I found out that the spots appeared because the plaintiff had omitted the procedure of waterproofing.  On the next court day, I tactfully brought up my finding and discussed the possibility with the parties involved.  My newly acquired professional knowledge help me persuade the plaintiff to admit his fault, and the dispute was settled quickly.  I was proud that I was able to achieve a win-win outcome and save the costs involved in legal procedures.  In the years to come, I continued this strategy of learning more about the cases so as to make the best judgement.

My work also developed my interests in the fields of technology law and patent law.  The court that I was serving was located near Hsinchu Science Park, so I had many opportunities to hear complicated litigations related to patents and high technology.  Since I had no technology background, it was hard for me to clarify related facts.  To raise my level of knowledge, I registered at the Institute of Technology Law of National Chiao Tung University, where I gained plenty of amazing knowledge.  Once I received a case about the defects of the chips in the ADSL modem, and I was confused by the design and function of the chips. Unexpectedly, I learned something helpful the next week in the course of information technology.  Due to the exposure to technology law, I become more confident and capable of solving high-tech disputes.

The field of patent law attracts me, too.  Initially, I was interested in the issue of patent infringements.  To many judges, it is difficult to determine the constitution of infringements and the assessment of damages.  Therefore, I researched related cases in the United States, Japan and Taiwan thoroughly, analyzed the patent legislations, and suggested amendments for Taiwan』s patent law.  My thesis about patent infringements won third prize in the thesis competition held by the Judicial Yuan.  Due to the experience of hearing patent cases, I have opportunities to observe the operation of patent system and reconsider its efficiency.

It is undeniable that I gained much from the career as a judge, but the job took away all my time to do research.  Besides, I am still mostly attracted to legal research, through which I hope to change our inflexible and inappropriate legislation. In the future, I plan to engage in the work of legal research and policymaking, especially in the fields of patent law and international intellectual property law.  In Taiwan, most scholars argue that the patent system helps stimulate innovation and economic growth.  I agree with the argument to some extent, yet the extremely expensive legal costs of the patent system and its negative impacts on competition and research can not be overlooked.  I would like to find ways to reduce the cost.

In recent years, the territory of the IPRs have expanded at a fast pace under various international regimes.  Among those regimes, the most controversial one is the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).  When IPRs intersected with other policy spaces, such as development, public health, bio-diversity, plant genetic resources and human rights, tensions between existant IPRs regimes and other international regimes arise.  The conflicts among different players are shifting international intellectual property lawmaking.  I am interested in analyzing the conflicts and possible balances both from the aspects of efficiency and distribution.  The context of the AIDS epidemic and its subsequent developments under the framework of TRIPS also intrigue me immensely.  In fact, my Master thesis is exactly on the topic of pharmaceutical patents and access to essential drugs.

In my favorite fields of technology law, patent law, international intellectual property law and economic analysis of law, cross-disciplinary studies are essential.  Penn Law』s unique LL.M program can provide me an excellent opportunity to enrich my study in inter-disciplinary work.  Penn Law』s LL.M program can lay a solid foundation for my research career, and I believe my admiration for law, and my academic performance and work experience also make me competent for the program.  Although my plan has been delayed for seven years, time and experience have made me realize what is essential to me.  The energy accumulated is enormous and I am prepared to set out on my journey to explore the extensive world of law.