Intellectual Property, Patents and Trademarks

Group	Teacher	Department	Language
1 - Law Exchange Program 20	Marta Baylina Mele	Derecho	ENG

Course Learning Objectives

This course aims, through a practical approach of the laws relating to copyrights, trademarks, parents and trade secrets (know-how), to examine the protection provided by the law in regards to ideas, inventions, information and other forms of creative effort. The course will provide insight and will consider basic and practical issues arising from the exploitation and the strategic business use of intellectual property. Students completing this course should have a basic grounding in the law of the area, its limitations, policies, and objectives, including the basic features of the various systems of protection.

The course is divided into three parts each dedicated to an intellectual property right (copyrights, trademarks, and patents) combining theory and practical exercises.

CONTENT

1. Session 1 Introduction to the course. Intellectual Property: concept and differences in terminology. Overview of different Intellectual Property Rights. Purpose of protection. Coexistence of Intellectual Property Rights. COPYRIGHTS I. Copyright basics. Legal Framework. Foundations of Copyright protection. The subject matter of Copyright: works of authorship. Originality. Idea-expression dichotomy.
2. Session 2 COPYRIGHTS II. Idea-expression dichotomy (C¿ed). Absence of formalities: advantages of registration. Author¿s rights: exploitation rights v. moral rights. Exclusive exploitation rights: right of reproduction, right of distribution and first-sale doctrine, right of communications to the public (what is public?), and right of transformation (aka right to make derivative works).
3. Session 3 COPYRIGHTS III. Exclusive exploitation rights (C¿ed). Term of Protection. Ownership v. Authorship. Transfer v. Licenses. Key issues when licensing IP rights. Defences. In class resolution practice hypothetical.
4. Session 4 HYPOTHETICAL No. 1 REVIEW In class review of the case previously submitted by the students in writing (See Assessment). TRADEMARKS I. What is a trademark? Types of trademark signs. Principle of Specialty / Purpose of Trademarks. Principle of territoriality. Distinctiveness.
5. Session 5 TRADEMARKS II. Dynamism of distinctiveness: vulgarization of trademark and acquired distinctiveness. Securing Protection. Grounds for rejection (or invalidity). The trademark Rights. Special rights conferred by well-known Brands. Defences. Life of a Trademark.
6. Session 6 TRADEMARKS III. Risk/Likelihood of confusion, association, and dilution. Defences. In class resolution practice hypothetical. Basics about Domain Names and conflicts between Trademarks and Domain Names.
7. Session 7 HYPOTHETICAL No. 2 REVIEW In class review of the case previously submitted by the students in writing (See Assessment). PATENTS I. Patents v. Know How. What is a patent? Patentability requirements. Industrial Application (utility), Novelty.
8. Session 8 PATENTS II. Inventive Step (c'ed). Sufficiency of disclosure. Inventorship v. Ownership. Duration. The patent rights. Infringement. Defences. Private use. Experimental use. Prior use. Types of patents based on territory.

1. Session 1

Introduction to the course. Intellectual Property: concept and differences in terminology. Overview of different Intellectual Property Rights. Purpose of protection. Coexistence of Intellectual Property Rights.

COPYRIGHTS I. Copyright basics. Legal Framework. Foundations of Copyright protection. The subject matter of Copyright: works of authorship. Originality. Idea-expression dichotomy.

2. Session 2

COPYRIGHTS II. Idea-expression dichotomy (C¿ed). Absence of formalities: advantages of registration. Author¿s rights: exploitation rights v. moral rights. Exclusive exploitation rights: right of reproduction, right of distribution and first-sale doctrine, right of communications to the public (what is public?), and right of transformation (aka right to make derivative works).

3. Session 3

COPYRIGHTS III. Exclusive exploitation rights (C¿ed). Term of Protection. Ownership v. Authorship. Transfer v. Licenses. Key issues when licensing IP rights. Defences. In class resolution practice hypothetical.

4. Session 4

HYPOTHETICAL No. 1 REVIEW
In class review of the case previously submitted by the students in writing (See Assessment).

TRADEMARKS I. What is a trademark? Types of trademark signs. Principle of Specialty / Purpose of Trademarks. Principle of territoriality. Distinctiveness.

5. Session 5

TRADEMARKS II. Dynamism of distinctiveness: vulgarization of trademark and acquired distinctiveness. Securing Protection. Grounds for rejection (or invalidity). The trademark Rights. Special rights conferred by well-known Brands. Defences. Life of a Trademark.

6. Session 6

TRADEMARKS III. Risk/Likelihood of confusion, association, and dilution. Defences. In class resolution practice hypothetical. Basics about Domain Names and conflicts between Trademarks and Domain Names.

7. Session 7

HYPOTHETICAL No. 2 REVIEW
In class review of the case previously submitted by the students in writing (See Assessment).

PATENTS I. Patents v. Know How. What is a patent? Patentability requirements. Industrial Application (utility), Novelty.

8. Session 8

PATENTS II. Inventive Step (c'ed). Sufficiency of disclosure. Inventorship v. Ownership. Duration. The patent rights. Infringement. Defences. Private use. Experimental use. Prior use. Types of patents based on territory.

Methodology

Methodology:

In-class sessions will consist of a first part (lectures) with faculty presentations and a second part to debate/resolve case studies (practical sessions). Students will essentially be responsible for preparing material (readings) before each class in order to participate in the in-class debates and discussions.

This course is based fundamentally on case studies which must be prepared in group and submitted on the corresponding dates. As such, the course is designed for students to work individually. Ongoing assessment marks will thus be an important component of students' final marks.

Type:	OPT	Curs:	1	Period:	S semester
ECTS Credits:	3 ECTS

Intellectual Property, Patents and Trademarks (2235.YR.014131.1)

General information

Type:

Curs:

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Prerequisites

Previous Knowledge