Studying Law at RomaTre

Academic Year 2020-2021

Fall Semester (October 1 - December 18, 2020)

Seminar

International and EU Intellectual Property Law 2020

Prof. Vincenzo Zeno-Zencovich with Prof. Aggr. Francesca Maschio



 
International and EU Intellectual 
Property Law 
(4 CFU)
(6 October – 4 December 2020) 
DIPARTIMENTO DI GIURISPRUDENZA
Via Ostiense 159 - Rome
TUESDAYS

2:15 – 4:00

ROOM 278
(Main Building - Second floor TBC)
FRIDAYS

4:00 - 5:45
 
AULA 5
(Main Building - Main floor TBC)
 

Course description

Survey of the different legal mechanisms for protecting Intellectual Property - including patent, trademark, copyright, and related rights - International and EU Intellectual Property Law is intended for students who desire a general exposure to Intellectual Property law, in both the international and the European Union framework.
We will cover the techniques of international patent regulation, international agreements concerning patents, including the Paris Convention, the Patent Cooperation Treaty, the European Patent Convention, and the Trade Related Aspects of Intellectual Property (TRIPs) Agreement; a study of patent reform issues including domestic patent reform legislation and ongoing harmonization; an analysis of the Unitary Patent system and the Unified Patent Court in Europe; a review of selected comparative topics from viewpoint of the United States, China, Japan, South Korea and Europe. Topics include patentability requirements, infringement, remedies, patent prosecution issues, and patent transactions. We shall discuss selected patent case-law.
International and EU regulation of trademarks shall be examined in the perspective of registration and enforcement, with a special focus on “Made in Italy” and the protection against counterfeiting and piracy. We shall discuss selected trademark case-law.
International law of copyright will be addressed in the perspective of application of key international law principles, such as: territoriality, national treatment and reciprocity, jurisdiction, and choice of law in copyright case law, contracts and combinations (including compulsory licenses and performing rights societies). We will introduce international instruments for the protection of copyright and related rights; special problems such as P2P file sharing and technological protection measures; multilateral and bilateral enforcement issues; and unilateral approaches to combating piracy.
We shall examine the updated Reports by WIPO on major Countries worldwide as IP rights holder, including WIPO Country Profiles.
We shall also welcom Special Lectures by Experts and Guest Speakers, addressing inter alia, the regulation of the Euoean Green Deal, Horizon Europe – the Framework Programme for Research and Innovation, the “Creative Europe”, the Digital Europe Programme 2021-2027.
A special focus will be made on the protection of intellectual property in China, including how to protect IP rights in China and Chinese courts’ case law.
 

Learning Objectives

At the end of this course, successful students will:
  • have a basic knowledge of the intellectual property principles;
  • understand relevant international law principles, primary international IP treaties and regulatory authorities;
  • be aware of the regulatory framework for patent and trademark;
  • explore how copyright is regulated as well as managed, individually and collectively;
  • be aware of main issues concerning the international enforcement of IP, especially in the European Union;
  • explore advanced comparative law topics, in patent, trademark and copyright;
  • be aware of the relationship between IP regulation and the protection of fundamental rights and liberties in Cyberspace;
  • identify legal issues in actual and/or hypothetical cases and mock trials;
  • improve oral and written communication skills through legal writing and argumentation in English;
  • master the legal glossary;
  • master the research tools and materials about intellectual property law.
 

Learning Activities

Classes will be structured to foster interactivity, using lectures, discussions, student presentations, cases, etc.
For the above stated objectives to be reached, students must accept certain responsibilities:
  • Attend class, be punctual. Time allotted to meeting in class is little and precious;
  • Read the assigned material BEFORE the class, in which it is to be discussed;
  • Be prepared to participate fully and actively in class discussions, projects, mock trials;
  • Take notes during class as appropriate;
  • Have all assigned readings and notes at each class session;
  • Perform the research necessary to do writing assignments / presentations for the class;
  • Meet with the professor to discuss any difficulty you may encounter during the seminar;
  • Interact in class and ask questions as much as possible.
 

Assessment

Attendance in class is mandatory to be admitted to the final written examination.
The evaluation of students achievement of the learning objectives will be done on a pass/fail basis and will be based upon: the final written exam (40%), class attendance (30%) and participation in class (30%).
 

Attendance policy

Attendance in class is mandatory. To be admitted to the final exam, students must attend no less than 2/3 of scheduled class meetings.

Office Hours - Tuesdays 4:00pm-5:00pm, by appointment via email, at Room 239 (TBC).
 

Suggested textbooks

DANIEL C. K. CHOW – EDWARD LEE, International Intellectual Property, WEST-Thomson Reuters, last ed., USA.
All reading assignments aree provided in advance by Professor Maschio (in this Syllabus as well as via email) and are mandatory for the successful attendance of the seminar.
 

Calendar

Topics and Reading Assignments

INTRODUCTION TO INTELLECTUAL PROPERTY LAW (Tuesday, 6 October 2020)
Reading assignment (for all meetings in Class):
WORLD INTELLECTUAL PROPERTY ORGANIZATION, What is Intellectual Property? Fields of Intellectual Property Protection, pp. 1-7.


INTRODUCTON TO THE FUNDAMENTAL IP RIGHTS: PATENT, TRADEMARK, INDUSTRIAL DESIGN, GEOGRAPHICAL INDICATION, COPYRIGHT AND REATED RIGHTS (Friday, 9 October 2020)
Reading assignment:
WORLD INTELLECTUAL PROPERTY ORGANIZATION, What is Intellectual Property? Fields of Intellectual Property Protection, pp. 8-11;
Selected Legal Glossary.


THE SYSTEM OF INTERNATIONAL AND EUROPEAN UNION INTELLECTUAL PROPERTY LAW. WHY HAS INTELLECTUAL PROPERTY  GONE INTERNATIONAL?  (Tuesday, 13 October 2020)
Reading assignment:
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 1-2
and      http://www.wipo.int/pct/en/training/index.html
            http://www.wipo.int/pct/en/training/training_3.html


PRINCIPLE OF TERRITORIALITY AND GLOBAL INNOVATION (Friday, 16 October 2020)
SPECIAL LECTURE AND CASE STUDY.
Reading assignment:
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 4-16.


INTERNATIONAL AND EU REGULATION OF TRADEMARKS, FAMOUS MARKS AND GEOGRAPHICAL INDICATORS. INTRODUCTION (Tuesday, 20 October 2020)
Reading assignment:
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 441-450;
https://euipo.europa.eu/ohimportal/en/trade-marks-in-the-european-union (The EU IPO Trademark System)
and     http://www.wipo.int/madrid/en/ (The International Trademark System)


TRADEMARKS ASSETS IN FASHION AND LUXURY M&A - CASE STUDY
(Friday, 23 October 2020)
Reading assignment:
  • Best Global Brands Intebrand Best Global Brands Rankings 2019
(https://www.interbrand.com/best-brands/best-global-brands/2019/ranking/)


THE PROTECTION OF TRADE MARKS AND ORIGIN MARKING in THE EU SYSTEM (Tuesday, 27 October 2020)
Reading assignment:
- https://euipo.europa.eu/ohimportal/en/trade-marks-basics  (Legal Texts relevant to Trade marks in the European Union);


DISTINCTIVNESS, LIKELIHOOD OF CONFUSION, BRAND REPUTATION AND PROTECTION ONLINE  (Friday, 30 October 2020)
SPECIAL LECTURE and CASE STUDY.


GENERAL PRINCIPLES OF TRADE MARK COMPARISON. DISCUSSION OF SELECTED TRADEMARK CASE-STUDIES - MOCK TRIAL (Tuesday, 3 November 2020)
Reading assignment:
  • https://euipo.europa.eu/ohimportal/en/routeto-registration (The EU IPO Trademark Registration);
  • https://euipo.europa.eu/ohimportal/en/trademark-guidelines (The EU IPO Trademark Examination)
 
DISCUSSION OF INTERNATIONAL BRAND STRATEGY. SPECIAL LECTURE: Special Guest Lecturer SIB (http://www.sib.it/en/about-us/) Partner
(Friday, 6 November 2020)
Reading assignment:
  • International Trademark Association, The Trademark Reporter® Annual Review of Case Law 2019
https://www.inta.org/TMR/Documents/Volume%20109/Issue%20No.%202/vol109_no2_a1_scourfield.pdf
  • http://www.thefashionlaw.com/home/almost10-years-later-gucci-and-guess-make-peace-in-global-legal-war


THE LAW OF PATENT. REGISTRATION AND ENFORCEMENT OF  INTERNATIONAL AND EUROPEAN PATENTS (Tuesday, 10 November 2020)
Reading assignment:
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 252-259.
WIPO - Global Innovation Index 2020
https://www.globalinnovationindex.org/gii-2019-report
and
WIPO - Statistical Country Profiles
http://www.wipo.int/ipstats/en/statistics/country_profile/


PATENTS AND OPEN INNOVATION
SPECIAL LECTURE: Special Guest Professor TOSHIKO TAKENAKA, University of Washington Law School
(Friday, 13 November 2020)
Reading assignment:
Reading assignment shall be made available in advance, based on instructions by Professor Takenaka


PATENTS AND ECONOMIC DEVELOPMENT - The case of India Patent protection for pharmaceutical and agricultural chemical products.
SPECIAL LECTURE: Special Guest Professor Sandeep K. Rathod, General Counsel and Vice President (Legal) at USV Private Limited | Ex-Mylan, Mumbai, Maharashtra, India - Adjunct Professor at Nirma University Law School
(Tuesday, 17 November 2020)
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 260-274.


SPECIAL INTERNATIONAL CONFERENCE - IP-COMPETITION LAW AND FRAND LITIGATION
(Friday, 20 November 2020)
Reading assignment:
Reading assignment shall be made available in advance, based on instructions by the Panel of Special Guest Lecturers


MID-TERM EXAM (Tuesday, 24 November 2020)




THE IMPACT OF EU GREEN DEAL AND CLIMATE CHANGE REGULATION (Friday, 27 November 2020)
Reading assignment:
  • https://ec.europa.eu/clima/policies/euclimate-action_en.


THE INTERNATIONAL AND EU REGULATION OF COPYRIGHT AND RELATED RIGHTS
(Tuesday, 1 December 2020)
Reading assignment:
D. C. K. CHOW – E. LEE, International Intellectual Property, pp. 84-89,
and pp. 213-223 on Moral Rights.
https://www.youtube.com/watch?v=9MezgOU9vRg
https://www.youtube.com/watch?v=GM4s_VdHJxE
https://www.julienslive.com/view-auctions/catalog/id/160/lot/68098/BANKSY-I-Remember-When-All-This-Was-Trees
https://www.ibtimes.co.uk/detroit-banksy-mural-auctioned-beveral-hills-video-1522043

FINAL EXAM (Friday, 4 December 2020)

Downloads:


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