Intellectual Property Law
Full course description
This course covers the substantial legal aspects of industrial and intellectual property law with specific relevance for the Information Society as well as the management of Intellectual Property Rights (IPRs). As such the economic rationale of IPRs is covered in respect of the creation and the regulation of markets in information. In order to get a full grasp of legal entitlements for creators in the information age, copyrights, database, patents and trade mark law will be juxtaposed with technological developments, such as multimedia, (open source) software, file sharing, domain name grabbing, and placed in the economic context of competition, management of IPRs and electronic commerce. Knowledge of the legal and economic rationale for the protection of intellectual and industrial creativity through acquisition of the fundamentals of intellectual and industrial property rights, (unfair) competition law, and management of intellectual property rights (IPRs) on an international, European, and national level. Among IPRs covered in the course are copy- and neighbouring rights, software, databases, trademarks, designs, and patents. Study of procedural matters concerning the subsistence, acquisition, application, registration, opposition, duration, surrender, revocation, invalidity, judicial review, and jurisdiction of all IPRs is required. In addition, an understanding of international and EC competition policy in cases of passing off and unfair practices, free movement of goods, and abuse of rights in light of the information society has to be acquired. Students are expected to acquire this knowledge through study of the structure of international organizations, treaties, EC Regulations & Directives, and literature.
At the end of this course, students will be able to:
- Understand and critically reflect upon EU intellectual property as an instrument for fostering industrial innovation and human creativity;
- Explain the different rationales of intellectual property rights;
- Have knowledge and insight of the EU regimes for trademarks, patents and rights similar to patents, trade secrets, copyright, and design, in particular of the aspects of acquisition of rights, scope of protection and infringement;
- Have a firm grasp of the international institutions and actors in the field of intellectual property, and the multilevel engagement that they have from multilateral, regional, national and domestic perspectives;
- Solve cases regarding all of the intellectual property rights listed above;
- Orally argue a case concerning any of the intellectual property rights listed above.
Christie/Gare, Blackstone's Statutes on Intellectual Property (latest edition, Oxford University Press)
WIPO Intellectual Property Handbook: Policy, Law and Use (2004, WIPO, Geneva) available at https://www.wipo.int/about-ip/en/iprm/Pila/Torremans
- European Intellectual Property Law (latest edition, 2019, Oxford University Press)