University of Greenwich

COURSE SPECIFICATION

UNYT COURSE CODE: 786103

Course Title: Intellectual Property Law
Program: LLM – International and Commercial Law
Program Director: Ab. G. Federico Wesselhoefft, LLM (EMLE)
Faculty: Attorney R. Castro, LLM – Attorney M. Marzetti, LLM
Office Hours: On appointment with particular lecturer
Credit: 60 British Credits
General Level: Postgraduate
Specific Level: Masters
University Department: Human and Social Science
Term: 3rd Term, LLM - UNYT Schedule
Delivery Schedule: See below

Aims

To develop an understanding of Intellectual Property Law. To enhance the legal and

intellectual skills of students as well as strengthening postgraduate skills including
the ability to carry on independent research and to raise critical awareness of
current discussions, problems and harmonization projects in this legal filed.

The course focuses on intellectual property law, a field that has multiple
applications in several areas of legal practice, including business, electronic
commerce, private practice, public policy and academic research. This highly
technical area is expanding and comprises several specialized fields such as
copyrights, trademarks and patent law, to mention some. This course provides a
general landscape on the field while preparing students for further specialization in
such areas. While businesses are increasingly interested in the protection of ideas,
inventions and business information, new technologies pose important challenges
for policy makers and judges in this field. This course will provide students with the
fundamental knowledge in this area which serves to deal with the challenges of
forthcoming times.

The course discusses the most important sources of Intellectual Property Law at the
International level, namely the TRIPS Agreement administered by the WTO and the
International Agreements administered by the WIPO. Some references will also be
included to the legislation and case law within the most influential national
jurisdictions in this area, mainly the U.S. and Europe.

Learning Outcomes

To develop a general vision of Intellectual Property law as well as a deep

understanding and up-to-date knowledge of the current institutional problems
currently faced by legislators, courts and administrative offices.

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To develop a more in-depth knowledge on some of the Intellectual Property Law
fields including patents, copyrights and trademarks and to apply research skills to
complex issues raised in these fields, propose interesting research questions and to
be familiarized with research sources in this field.

By the end of the course the students should be able distinguish the distinct
elements conforming intellectual property law and be aware of its international
nature and dynamic structure.

At the end of the course students should be familiar with the economic logic behind
intellectual property law and its tension with other areas of law and policy.

Indicative Content

The first part of the program introduces this law field and the main justifications for
the protection of intellectual property assets, provides an introductory vision on the
most important features of different types of protection, including patents, utility
models, copyrights, neighboring rights, trademarks, designs, geographical
indications, trade secrets, plant breeders’ protection and databases’ sui generis
rights as well as discusses the institutional design of Intellectual Property Law at
the International, European and National levels.

The second part of the program is intended to explore more in depth some of the
most important fields of IP law, namely patents, copyrights, trademarks and trade
secrets as well as the most important aspects of enforcement of IP Laws. The main
references are international treaties, including the TRIPS Agreement, Paris
Convention, Berne Convention and other Treaties administered by the WIPO as well
as some minor references to national law sources and case law.

Course Outline

1. Introduction to Intellectual Property

A brief introduction to the study of IP law. Historical overview of the field and the
challenges of modern technologies for policy-makers.

2. Economic analysis of Intellectual Property rights

The economic theory of public goods. Incentives and innovation. IP rights and
competition law in economic theory.

3. A brief overview of Intellectual Property Law protection

Relevant features and differences between the protection of patents, utility models,
copyrights, neighboring rights, trademarks, designs, geographical indications, trade
secrets, plant breeders’ protection and databases sui generis rights.

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4. International and European Intellectual Property Law

The first international IP treaties: Berne, Paris, Rome. From the WIPO to the WTO:
a brief historical overview. The main institutional features of Intellectual Property
Law: the WTO and the TRIPS Agreement. European (ongoing) harmonization of IP:
the EPC, the EPO and the OHIM.

5. Discussion of a case in the International IP framework

The protection of Traditional Knowledge (traditional medicines and patenting

genetic resources): the relationship between the TRIPS Agreement and the CBD. An
international public law perspective.

6. Patents

Paris Convention: priority principle and national treatment in the era of mechanical
innovations. The TRIPS Agreement: principal features and current problems of
patent protection worldwide.

7. Patents

Patentable subject matter. Problematic areas: biotechnology, software and business

method patents. Patentability requirements: novelty, non-obviousness and utility:
different interpretations of the requirements and consequences. The TRIPS
Agreement: (un) solved questions.

8. Patent documents: patenting and searching for patents

The informative function of patent documents and current related problems. Patent
pools and standard setting organizations. The Patent Convention Treaty and the
European Patent Convention.

9. Biotechnology patents

Patenting life? Pros and cons.

10. Patents

Discussion of a case with active participation of the students.

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11. Licensing IP rights

Licenses and assignments of IPR. Best drafting practices. Negotiating and

contracting around IP rights. Patent pools. Clearinghouses. Collective
Organizations.

12. Enforcement of Intellectual Property Rights

Problems related to the enforcement of IP rights. International Agreements. TRIPS

Agreement. European Enforcement Directive. Harmonization projects.

13. Trademarks

Introduction and historical evolution of distinctive signs. General economic and

legal theories on trademark protection.

14. Trademarks

Global markets, global brands. International Treaties. Paris Convention, TRIPS,

Madrid System. The Community Trademark and the National Trademark systems in
Europe. The Directive and the Regulation. The OHIM.

15. Trademarks

Collective and certification marks. Non-conventional distinctive signs: olfactory,

color, audio and shape marks.

16. Trademarks

Registration of trademarks. Contractual and litigation issues in trademark law.

17. Geographical Indications

Appelalations of origin and indications of source.

18. Industrial Designs

Introduction to industrial designs. International framework. The European Design.

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19. Copyrights and Related Rights

The TRIPS Agreement, the Berne Convention and the Rome Convention. The
protection of music and software. Technological anti-circumvention measures
(DRM).

20. Unfair Competition and trade secret protection

Article 39 of the TRIPS Agreement. The protection of pharmaceutical data for

clinical tests.

Teaching & Learning Activity

The course will be covered by lectures and other didactic activities, including
student’s presentations and discussions of cases provided by the lecturers in
advance. Lectures will be used to introduce learners to a detailed examination of
fundamental principles of Intellectual Property Law. Students are expected to
undertake problem-solving exercises and in-depth analysis of the issues under
discussion.

Assessment

Elaboration of a research project: - 100%

Minimum pass mark: - 50%
Deadline: - August 30, 2010

Literature

To be circulated in advance by the course administrator among students.

Selected chapters from the following:

• International Intellectual Property, Problems, Cases and Materials, Daniel C.

K. Chow and Edward Lee

• Resource Book on TRIPS and Development, UNCTAD

[http://www.iprsonline.org/unctadictsd/ResourceBookIndex.htm]

• Intellectual Property Handbook, WIPO

• The Economics of Patents and Copyright, Francois Leveque and Yann

Ménière
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=642622]

Further obligatory and optional papers may be delivered by both lecturers.

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Course Blog

http://iplawatnyutirana.blogspot.com/

Delivery Schedule

Module I

1. Fri., 28 May: 17.30-21.30

2. Sat. 29 May: 09.30-17.30

3. Sun. 30 May: 09.30-17.30

4. Mon. 31 May: 17.30-21.30

5. Tue. 01 June: 17.30-21.30

6. Wed. 02 June: 17.30-21.30

7. Thu. 03 June: 17.30-21.30

8. Fri. 4 June: 17.30-21.30

9. Sat. 5 June: 09.30-17.30

Module II

10. Fri. 25 June: 17.30-21.30

11. Sat. 26 June: 09.30-17.30

12. Sun. 27 June: 09.30-17.30

13. Mon. 28 June: 17.30-21.30

14. Tue. 29 June: 17.30-21.30

15. Wed. 30 June: 17.30-21.30

16. Thur. 01 July: 17.30-21.30

17. Fri. 2 July: 17.30-21.30

18. Sat. 3 July: 09.30-17.30

19. Sun. 4 July: 09.30-17.30

20. Mon. 5 July: 17.30-21.30