International Intellectual Property

Course Description
Text
Reading Groups
Additional Course Materials
Links of Interest

Course Description

LAW 418, 3 units.

More than 50 percent of U.S. exports now depend on some form of intellectual property protection. This course provides an overview of the substantive content of, and legal authority for, international IP rights, drawing on cases, treaties and materials in copyright, patent and trademark law. We will examine international and comparative law issues of major importance to modern IP practice, including obligations for IP protection arising under international public law, the emerging role of transnational private law in the acquisition and enforcement of IP rights, and the geopolitics of IP trade and harmonization.

Text

Dinwoodie et al., International Intellectual Property Law & Policy (2001); documentary supplement; supplemental handouts

For the first class, please read 1-16 in the casebook and Article 39 of the TRIPS Agreement, found on page 46 of the supplement.

Spring 2012 Syllabus

Reading Groups

1
TBA

2
TBA

3
TBA

Additional Course Materials

Lolly Gasaway, When Works Pass into the Public Domain
WTO, Work of the TRIPS Council
WTO, TRIPS: Non-Violation Complaints
WTO, The Process — Stages in a Typical WTO Dispute Settlement Case

Sunita K. Sreedharan, Section 3(d): Speedbreaker or Safety Net for Indian Pharma?

Constitution Restoration Act of 2005, S. 520, 109th Cong., 1st Sess.

Golan v. Holder (2012)

Videos to watch for Wednesday, Feb. 1:
1. (a) A Virtual Tour of the WTO; (b) From GATT to WTO; and (c) Case Studies of WTO Dispute Settlement (these are in the bottom two rows of videos on this page)
2. (a) Basic Principles of the WTO System (Pieter Jan Kuijper) and (b) TRIPS (Adrian Otten, Tapes 1 & 2) (these are on this page)

Readings for Prof. Reichman's visit (Feb. 15) (read one of these):
The Doha Round's Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines Under the Amended TRIPS Provisions (with Frederick M. Abbott) (2007)
Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options (2009)
Minesterial Declaration on the TRIPS Agreement and Public Health
PowerPoint slides from Prof. Reichman's presentation

Office of the U.S. Trade Representative, 2011 Special 301 Report
Microsoft v. AT&T, 550 U.S. 437 (2007)
Lensing Group AG, 2004 Annual Report
Summary of PCT Procedure

Quanta v. LG, 128 S. Ct. 2109 (2008)

EU Achieves Breakthrough on an Enhanced Patent System (Dec. 2009)

Turner Entertainment v. Huston (Ct. App. Versailles 1995)
Carter v. Helmsley-Spear, Inc., 71 F.3d 77 (2nd Cir. 1995)

Readings for Prof. Levine's visit (March 21):
Transparency Soup (2010) (skim to get a sense of the benefits and drawbacks of transparency in IP lawmaking)
Cartoon Network v. CSC ("Cablevision") (2nd Cir. 2008) (up to Part III)
Trans-Pacific Partnership: Intellectual Property Chapter (focus on Art. 4)

Warner Bros. Inc. and Metronome Video v. Christiansen (E.C.J. 1988)
Empresa Cubana Del Tabaco v. Culbro, 399 F.3d 462 (2nd Cir. 2005)

Reading for Prof. Sun's visit (April 4):
Prof Sun's Powerpoint slides
Luo & Ghosh, "Protection and Enforcement of Well-Known Mark Rights in China: History, Theory and Future"

Links of Interest

International Intellectual Property Law and Institutions

World Intellectual Property Organization (WIPO)
List of WIPO Treaties
World Trade Organization (WTO)
TRIPS Agreement
The WTO Dispute Settlement Panel Process
European Union Treaties
Treaty Establishing the EEC
Institutions of the EU
The Court of Justice of the European Communities
The Anti-Counterfeiting Trade Agreement (ACTA) (via Public Knowledge)
"Secrecy Around Trade Agreement Causes Stir," NPR's All Things Considered

Patents and Industrial Property

Paris Convention
Patent Cooperation Treaty
Patent Law Treaty
General Accounting Office, "Expert's Advice for Small Businesses Seeking Foreign Patents"

Copyright and Neighboring Rights

Berne Convention
Rome Convention for Performers, Phonogram Producers, and Broadcasters
German Copyright Act (to accompany Collins)
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
U.S. Copyright Act, Chapter 12 (Copyright Protection and Management Systems)
EU Database Directive 96/9/EC (1996)
U.S. Copyright Office, Report on Legal Protection for Databases (1997)
U.S. Copyright Office, Report on the Database and Collections of Information Misappropriation Act of 2003

Trademark Law and Unfair Competition

Paris Convention
Madrid Agreement
Madrid Protocol
Madrid System WIPO Site
U.S. Madrid Protocol Implementation Act
EU Trademark Directive
EU Trademark Regulation
EU Community Trade Mark (CTM)
Lanham Act
AMF v. Sleekcraft (9th Cir. 1979)