International Intellectual Property, Fall 2008 I.

Course Outline: This course examines, analyzes and studies the remarkable subject of International Intellectual Property Law and how to enforce trademarks, patents and copyrights beyond national boundaries. Special emphasis will be placed on international standards for intellectual property and its implementation, application and practices in national jurisdictions. In addition the course covers the differences and similarities between the diverse national intellectual property systems. The course will be divided into six major blocks: a. Overview and Introductory Themes. b. International Copyright and Neighboring Rights. c. International Patent Law. d. International Trademarks and Geographical Indications. e. Unfair Competition and Trade Secrets. f. International Enforcement of Intellectual Property Rights. II. Class & Material: The class will meet once a week in a two hour session. Each class will approximately cover forty per week. III. Prerequisite: (i) IP Survey in past semesters; (ii) two of the following - Copyright Law, Patent Law, or Trademark Law; or (iii) with the permission of the Professor. IV. Student Attendance: The Law Center attendance policy requires sufficient attendance at the scheduled (or makeup) classes or a student will risk being dropped from the class. Attendance will be taken at the beginning of each class. The students are responsible for managing his or her absences from class and ensuring that his or her number of absences does not exceed the threshold for the class. V. Student Preparation and Participation: Preparation and participation are mandatory. The professor will indicate for each class the material and the book chapter that shall be prepared by the students. Also, the professor will provide documents and supplements electronically or by hard copies. All the material indicated and supplied by the professor will be subject for questioning. The professor will randomly call upon a group of students from the class and will ask questions regarding the material previously indicated. This method will help and contribute to a fructiferous discussion and will improve professor's dissertation. If practical exercises are deemed necessary, they are to be minor projects that might require some out-of-class preparation in order to participate in role playing during class, presentations to fellow students, and debates/discussions on specific topics. There will be no more than two practical exercises.

the professor reserves the right to adjust a student's grade by lowering one grade level for inadequate class participation. Paris Convention for the Protection of Industrial Property g. VII. exceeding the threshold for absences. Rome Convention for the Protection of Performers. Patent Law Treaty (PLT) h. c.K Chow and Edward Lee International Intellectual Property. Producers of Phonograms and Broadcasting Organizations. Evaluation and Grades: The course grade will be based 100% on an open material final exam. VIII. TRIPS agreement. Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite d. ARIPO     . However. Required Text: Daniel C. Brazilian Industrial Property Law and copyright Law o. r. q. Regional Treaties and National Legislation: m. Mexican Federal Copyright Law and Industrial Property Law p. Certain documents may be assigned from time to time from internet open sources.VI. i. Andean Community legislation regarding Copyright and Industrial Property. Trademark Law Treaty j. and insufficient participation in any practical exercises that the professor assigns. Argentinean Trademarks Law and Patent and industrial utility models law n. Madrid Agreement for the Repression of False and Deceptive Indications of Source on Goods f. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms e. WIPO Copyright Treaty (WCT) k. Inadequate participation could include: insufficient preparation for class as shown through in-class questioning. Class participation is not a part of the course grade. b. Berne Convention for the Protection of Literary and Artistic Works. l. NAFTA. WIPO Performances and Phonograms Treaty (WPPT). OAPI s. Supplement: There is no requirement to purchase a statutory supplement. Some of these international instruments are: a.

Pages 76 to 81 Comment/Notes From page 76 Introduction to 81.. From page 17 national IP lawsterritorial in Scope to 40 stop before notes and questions. The system of International Intellectual Property Pages 6 to 11 Comment/Notes From page 6 international trade to 11 stop before Intellectual property developing countries. Date Tues. 2 Sep 86 to 95 Points of attachment and National Treatment 113 to 221 Subject Matter. stop before Notes and Questions From page 113 Points of Attachment and National Treatment to 121 stop before Notes and Questions From page 136 CCH Canadian Ltd v Law Society of Upper Canada.Module I Introduction and Overview First Day Assignment Assignment Why has Intellectual Property Gone International / International trade. Aug 26 International legal Institution 55 to 65 Tues.. International Agreements (Berne. stop before problem 2-1. Aug 26 Module II International Copyrights and Neighboring Rights Assignment Introduction. 2 Sep Tues. 27.. Aug 26 17 to 40 Tues.. stop before Tues. 2 Sep . Originality or Creativity Requirement 136 to 146 From page 86 Foreign Nationals Acquiring Copyrights and Neighboring Rights to 98.. From page 55 International Legal Institutions to 65 stop before The European Union... Rome and TRIPS) Foreign Nationals Acquiring Copyrights and Neighboring rights. 3133 Tues.. 2 Sep Tues. Date Tues. The right of Authors. Aug 26 The Vienna Convention of the Law of Treaties Preamble and articles 1 to 5 and 26.

. 18. 9 Sep Tues. and Broadcasts to 213 stop before Copyright Term and Neighboring Right Term... 15 9. The Ongoing North South Debate. 2 Sep Tues. 14. Sound Recording. 183 to 213 From page 174 Exclusive Rights of Copyright to 179.. 14 231-266 6 bis Article 9 From page 231 Moral rights to page 266 Tues. Performances. 5.. 70 174 to 179 problem 2-11 Tues. 17 12. 2 Sep From page 146 Special Discussion: Database Protection to 151. and Broadcasts.. Performances.13. Sound Recording. 9 Sep Special Discussion Rights in Musical Works. 10. stop before Intellectual Property Rights in Data? Tues.... stop before problem 2-14 From 183 Special Discussion Rights in Musical Works. 2 Sep From page 164 Special Discussion: Folklore and Traditional Knowledge to 173. 23 Sep .. 12. 2 Sep Tues. Tues 9 Sep Berne Convention Rome Convention TRIPS Moral Rights Berne TRIPS Article 7 and 7 bis Articles 1-7.Data Base Protection 146 to 151 Folklore and 164 to 172 Traditional Knowledge Berne Convention TRIPS Exclusive Rights of Copyright (Economic) Articles 2. 14. 9 Sep Tues. stop before problem 2-13 Tues. 9 Sep Tues. Date Tues. 16 Sep Tues 16 Sep Tues 16 Sep Module III International Patent Assignment Introduction Pages 267 to 276 Comment/Notes From page 267 Introduction to 276 stop before Patents and Economic Development.

5 ter. 23 Sep Tues.India Patent Protection for Pharmaceutical and Agricultural chemical Products.. to 305. 30 Articles 4.. 4 bis.. quarte Article 27 397-401 Tues 30. . 4 ter. 5 bis. 23 Sep Tues. Sep Tues. 317 to 326 Tues. 4 quarter.. 352. From page 308 Priority Disputes to 315 stop before problem 3-6 Tues. From page 335 Patent Requirement to 346 stop before notes and Questions From page 352 Special Discussion: Patentability of Business Methods and Computer Software to 354. 23 Sep TRIPS Paris Convention Working Requirements Articles 29. From page 365 Utility of Capable of Industrial Application to 382.Towards a New European Patent Law. From page 293 Ownership and Formalities: Obtaining Domestic and Foreign Patents to 304. Tues 30..354 Tues 30. r. Sep Tues 30. 7 Oct From page 397 Nonobviousness or Inventive Step to 401. stop before 401 Sandoz GMBH v. Sep Special Discussion: Patentability of Business Methods and Computer Software. Ownership and formalities: Obtaining Domestic and Foreign Patents Priority Disputes 285 to 293 293 to 304 308 315 From page 285 India Patent Protection for Pharmaceutical and Agricultural chemical Products. 23 Sep From page 317 Working Requirements to 326 stop before Harmonizing Scope and Allocation of Patent Rights in Europe. Sep Patent Requirements 335-346 Tues 30... Sep Article 5. Sep Utility of Capable of Industrial Application and Novelty Paris Convention TRIPS Nonobviousness or inventive Step 365 -382 Tues 30... 23 Sep Tues.. stop before Hitachi...

related Companies.. From page 523 Ownership. Euro Asia Imports. 532..473 Article 33 Roche Diagnostics GMBH. Assignment Introduction Pages 474...479 Comment/Notes From page 474 Introduction to 479 before Notes and Questions.Exclusive Rights 411 -427 Canada Patent Protection 435-448 Compulsory License 449-456 Doha Declaration TRIPS 460... Tues.542 Tues. stop before Vittoria North America L. 14 Oct Madrid System 506.. 7 Oct Tues.C v. 14 Oct Trademarks 481-496 Tues. 7Oct Module IV International Trademarks and Geographical Indications. Transfer and Exhaustion 523-525 Tues. 7 Oct Tues. 7 Oct Tues.. From page 411 Exclusive Rights to 427 From page 435 Canada Patent Protection to 448 stop before problem 3-18 From page 449 Compulsory License to 456 From page 460 Doha Declaration to 473.511 Tues. 14 Oct Ownership. 14 Oct .. first sale Doctrine and Exhaustion. related Companies.L.. From page 532 Special Discussion. From page 506 Filing an International Application Under the Madrid System to 511. 7 Oct Tues. 14 Oct Special discussion. Transfer and Exhaustion to 525. stop before Notes and Questions. first sale Doctrine and Date Tues. From page 481 to 496 stop before Unites States Section 211 Omnibus Appropriations Act of 1998.

From 568 Exclusive Rights to 587 From 605 Dilution Claims to 618.587 605. 28 Oct . From page 655 Heightened Protection for Wines and Spirits and Exceptions to 661. 28 Oct Tues..Subject Matter 544-553 Generic Marks 561-567 Exclusive Rights Dilution 568. Other Types of Marks. stop before Notes and Questions. From page 626 Term of Trademark Registration to 628. 21 Oct Tues.625 Term of Trademark Registration. stop before TRIPS Agreement Towards Better Protection for Geographical Indications. Internet Domain Names and Trademarks Disputes to 692.. stop before Geographical Indication... 628-645 Heightened Protection 655. From page 628 Geographical Indication to 645. 21 Oct Tues.661 for wines and Spirits and Exceptions Special Discussion. 626-628 Geographical Indication. stop before Notes and Questions. 21 Oct Tues 28 Oct Tues 28 Oct Tues. From page 619 Abandonment to 625 stop before Notes and Questions. Inc v. Marketing Display Inc From page 561 Generic Marks to 567.618 Abandonment 619. 28 Oct Tues. stop before Notes and Questions... 684-692 Exhaustion to 542 From page 544 Subject matter to 553 top before Traffix Devices. 21 Oct Tues. Tues. Internet Domain Names and Trademarks Disputes. From page 684 Special Discussion.

. Tues Nov 4 Protection for Undisclosed Test Data for Pharmaceutical and Agricultural Products. Nov 25 Review Session Review Session Tues. From page 721 The Paris Convention and TRIPS Agreement to 735.735. 735-744 Tues Nov 4 Protecting Trade Secrets Internationally 746. From page 735 Protection for Undisclosed Test Data for Pharmaceutical and Agricultural Products to 744. 721. Dec 1 . Nov 11 Enforcement Obligation under TRIPS Private Enforcement 792-818 Tues. stop before problem 5-3. Assignment Unfair Competition Pages 705. Nov 18 818 -858 Tues.755 Tues Nov 4 Module VI International Enforcement of Intellectual Property Rights Assignment Introduction & Commercial Piracy Pages 756 -791 Comment/Notes From page 756 Introduction to 791 stop before Problem 6-3 From page 792 Enforcement Obligation under TRIPS to 818 From page 819 Private Enforcement to 858.718 Comment/Notes From page 705 Unfair competition to 718 stop before Notes and Questions. stop before Notes and Questions From page 746 Protecting Trade Secrets Internationally to 755 Date Tues Nov 4 The Paris Convention and TRIPS Agreement.. Review Session Date Tues.Module V Unfair Competition and Trade Secrets..

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