JJUA55128U EU Intellectual Property Law
Focusing on the EU IPL in its wider international context, this course aims to analyze the framework within which national IP laws of member states operate and interact. The course also seeks to discuss the most important policy issues and arguments of relevance to the EU, both within the Union, and with regard to its international relations on the global level.
The course involves lectures on the following topics:
1. Introduction to IPL: IP theory, IP sources of law and their interaction (1 lecture);
2. Copyright and related rights (2 lectures);
3. Patents (2 lectures);
4. Plant variety rights, geographical indications and designs (1 lecture);
5. Trademarks (2 lectures);
6. IPR and free movement of goods (1 lecture);
7. The interface between IPL and competition law (1 lecture);
8. Enforcement issues (1 lecture).
Each lecture contains overview and analysis of the relevant International and EU legislative framework with the following focus on fundamental theoretical concepts and notions as well as examples of practical application of the legal norms and concepts above.
There is no strict necessity in completion of any course before the EU IPL course. Although, taking into account that the EU IPL course requires knowledge and understanding of the basics of International public\private law and EU law, the completion of the courses above is recommended.
The course provides a strong starting point for further studies within more specialized courses in the area of IPRs such as, for example: biotechnology, pharmaceutical patents, trans-border enforcement of IPRs etc.
Knowledge: The student should:
know the system of legislative acts concerning protection of
understand ratio behind different types of IPRs;
know the terms of protection as well as the scope of rights granted to owners of IPRs;
be aware of the scope of legal notions used with regard to each type of IPRs;
know the scope of exclusions, exceptions and limitations with regard to different types of IPRs;
be aware of the ground for invalidity\revocation for each type of IPRs.
Skills: The student should be able:
to differentiate between subject-matter protected by different IPRs;
to identify the relevant legislative framework;
to differentiate between different routes of protection of IPRs and their advantages\disadvantages;
to identify facts of legal relevance; to apply legal norm(s) to the factual situations.
Competences: The student should be capable of
providing professional advice in situations involving subject-matter which can be protected by IPL including, inter alia the preferable IPR and route of protection;
to secure the maximum possible level of protection via the use of a conjugation of IPRs or creating a IPR’s portfolio;
to provide professional advice concerning the enforcement of IPRs within the EU;
to assess situations involving infringement, cancellation and enforcement of IPRs in the light of the concept of free movement of goods and types of anticompetitive behavior.
Catherine Seville: “EU Intellectual Property Law and Policy”, Second Edition (2016/2018) (approx. 590 pages).
Recent cases and other materials on various aspects of international and European intellectual property laws (selected and made available by the teacher;
approximately 200 -250 pages
- brainstorming questions;
- policy debates and in class discussions;
- simulation exercises;
- case solving exercises;
- moot courts;
- student presentations;
- student portfolio (debate and summary papers).
The students will be divided into groups. Each group is expected to present cases which will subsequently be discussed by the class.
- 15 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam without preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Autumn: week 50, 2018 - Monday, Tuesday, Wednesday
Autumn: week 4, 2019 - Wednesday, Thursday, Friday