Andrew Chin Andrew Chin

Andrew Chin
   
 
 
     
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.

Fall 2013 Syllabus

 
Additional Course Materials
Topic 1
Jeremy Lin Bounce Pass

North Carolina Session Law 2013-416

Sharia Ban in NC Courts Becomes Law (Daily Tar Heel)

Topic 2
Constitution Restoration Act of 2005, S. 520, 109th Cong., 1st Sess.

Topic 4
London Film; Sarl

Topic 5
The Legal Case for Intervening in Syria (blog entry by Anthony Colangelo)

Topic 7
Robertson v. General Electric Co. (expanded version)

Special 301 Commentary: Illustrative Examples
Section 301 Commentary Assignment Directions
PhRMA Special 301 Submission (e.g., "Lack of Patent Term Restoration" at 61-62)
BIO Special 301 Submission
(e.g., "Canadian Utility Requirements" at 15-18)
International AntiCounterfeiting Coalition Comments
(e.g., "China: Online Counterfeiting" at 14-16)
Treatment Action Campaign Letter to USTR

Comments of Public Knowledge and the Electronic Frontier Foundation (e.g., "(c) Introduction of exceptions and limitations ... should not be a basis for identification in the Special 301 Report" at 7-10) (criticizing IIPA's 2009 Special 301 comments))

Topic 10
Videos to watch:
(1) A Virtual Tour of the WTO; (2) From GATT to WTO; and (3) Case Studies of WTO Dispute Settlement (these are in the bottom two rows of videos on this page)
WTO, Work of the TRIPS Council
WTO, TRIPS: Non-Violation Complaints
WTO, The Process Stages in a Typical WTO Dispute Settlement Case
USTR, Japan Resolution of WTO Dispute on Sound Recordings

Topic 12
Sunita K. Sreedharan, Section 3(d): Speedbreaker or Safety Net for Indian Pharma?

Topic 15
Office of the U.S. Trade Representative, 2013 Special 301 Report

Topic 21
Microsoft v. AT&T, 550 U.S. 437 (2007) (focus on parts III and IV of majority opinion)
Summary of PCT Procedure

Topic 22
Lensing Group AG, 2004 Annual Report
The Unitary European Patent

Topic 24
Turner Entertainment v. Huston (Ct. App. Versailles 1995)
Translated excerpt from French Intellectual Property Code
Carter v. Helmsley-Spear, Inc., 71 F.3d 77 (2nd Cir. 1995)

Topic 28
Warner Bros. Inc. and Metronome Video v. Christiansen (E.C.J. 1988)

Topic 30
Lolly Gasaway, When Works Pass into the Public Domain
Kirtsaeng v. John Wiley & Sons (2013) (focus on the economic/policy implications of the case rather than on the statutory interpretation)
Golan v. Holder (2012) (majority opinion only)

Topic 31
Mother's Restaurants (full opinion; optional)
How Starbucks Avoids UK Taxes

Topic 32
Empresa Cubana Del Tabaco v. Culbro, 399 F.3d 462 (2nd Cir. 2005) 

 
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
GATT 1947
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)
 
   
   
   
   
   
Andrew Chin   Andrew Chin