Curriculum for IP courses (2014) (5, 10 ECTS)

IT IS ESSENTIAL TO READ THIS DOCUMENT BEFORE THE FIRST WEEK

OF TEACHING. MATTHEW WILL EXPLAIN MORE IN CLASS DURING
THAT FIRST WEEK. THUS PLEASE SAVE ANY QUESTIONS YOU HAVE
FOR CLASS TIME. THAT WAY EVERYONE CAN BENEFIT FROM THE
EXPLANATIONS. This document is a guide only.

Aims
This course is designed to give students an opportunity to understand the
modern functioning of systems of law regulating intellectual property (IP) in
the international setting, including a focus on theory and practice. It is a very
large topic and so focus will be on certain aspects. The aim is for students to
gain awareness of the law as well as be in a position to evaluate the law
from a business and market perspective.
The course includes aspects of economics and policy: these are essential
components of the modern international IP legal environment.
All students will receive the same teaching and only the assessment will differ
(see below).
I advise you to consider again the course descriptions as some effort went
into these. This is included below at the bottom of this document.

Key themes
There are some important core areas we address during the teaching and
class discussions, and themes that emerge from the reading, especially the
wider reading. These can be summarily listed as follows:
i. History, structure and impact of IP
ii. Theory and function of law for IP
iii. Main substantive issues for patents, trademarks and copyright
iv. Main procedural issues for patents, trademarks and copyright
v. Factors influencing the shape and content of law
vi. Compare and contrast process and content for various IP fields
vii. Varying level of IP law governance
viii. Case studies and group work

You will see that several of the parts are closely connected, such as parts i. +
ii. and parts iii. + iv.

Output
After participating in this course, students should be able to, at varying levels:
1. Describe the organisation and structure of the international legal
environment for the main IP rights
2. Give an account of important relevant legal concepts and principles in
IP, and apply in connection with actual and theoretical problems
3. Understand historical and modern context of IP and IP law, including
theory, and explain transition across different levels of IP governance
4. Analyse non-legal impacts on the design of IP law
5. Display practical application of IP law knowledge and adopt different
perspectives
6. Find their way round relevant treaties, legislation and case-law and be
able to cite law
7. Assess the IP systems by relevant criteria
Curriculum for IP courses (2014) (5, 10 ECTS)
8. Compare and contrast IP fields and jurisdictions
9. Use clear and correct legal language systematically in both written and
oral form to cover the points above.

The following is an extract from the online course description:
-The grade 12 is given to the student that during the exam is able to
demonstrate that he or she has fully achieved all the competences listed
above. The exam will take its starting point in one area of the law but the
successful student will be able to demonstrate that he or she has achieved
the competences in several of the main topics of the course.
-The grade 02 is given to the student who is only able to demonstrate the
competences to the minimal acceptable extent. This student will not have the
broad overview of IPRs and will not be able successfully to identify and solve
the specific legal conflicts in this field.

Reading
The reading comprises mainly a textbook, supplemented by e-books and
articles, and online sources.
Due to new issues and laws coming up all the time including case law, this
is a dynamic subject and any static account of the law will soon be out-of-
date. However, we are limited by the number of class hours we have. So
much will depend on the independent reading of students, especially to
achieve the highest grades.
The fluid nature of the subject, and that we are looking at the international,
regional and national governance on this course, makes the ever-present
concepts and principles and structures extremely important. The reading will
focus on both the stable and unstable aspects by drawing on traditional
materials and case studies.
Students, especially those writing a paper (see below), and preparing for
group work, are greatly encouraged to engage in wider sources for their
independent research beyond the mandatory and optional reading sources.

As a guide, the mandatory reading comprises:
1. Main textbook of Global Intellectual Property Law by Dutfield &
Suthersanen, 2008: Must read = Preface, chapters 1-6, 10 and 13.
(Note that for some chapters, only specific sections are required.
Matthew will advise accordingly). It is recommended that students read
the whole text in any case.
2. Supplementary sources: e-books and articles all accessed via AU
databases or online. (More details and advice to follow in class).
3. Some additional reading will be mandatory or highly recommended
including legislation (such as Agreement on TRIPS) and case law
(such as Sabel v Puma). Students will also need to consult articles and
other sources; for example, the WIPO makes its journal available
online for free and there are plenty of relevant analysis. As Masters
students, it is best for students to look at these and get confortable with
such sources. There is also the SSRN site that offers a huge online
library of articles. These sorts of sources will be discussed in class as
and when appropriate.
Curriculum for IP courses (2014) (5, 10 ECTS)
Suggested reading: Students are highly encouraged to seek out other sources
including hard copy and e-copy books at the AU library, of which there are
many on IP and IP law. In this regard, Matthew will make various suggestions
for texts, but really it is up to the student in the end to make the effort to find
and red sources, and apply to the course and their area of interest. This will
be especially relevant for those writing a paper (see below). Remember there
is a business/market focus, and we should be careful not to forget the small
guy or the SME as well as IP users, notably consumers.
Together these sources will offer different approaches to the same main
themes of the course, and plenty of material for discussion, debates and the
assessment. For tips, see other sources listed below.

Some other useful sources:
-WIPO and WTO offer great resources; see for instance:
http://www.wipo.int/ipadvantage/en/
http://www.wto.org/english/tratop_e/trips_e/trips_e.htm.
-Blogs and online journals, e.g. IPKat, and Intellectual Asset Management.
-AU library: There are other sources to find that may be useful, especially to
help with class discussions, debates and for those writing a paper. For
example, after a quick search at the AU library I found several e-book sources
that could be helpful, including (in no particular order):
Maskus, Volume 2 Intellectual Property, Growth and Trade
Taubman, A handbook on the WTO TRIPS
Siedel & Haapio, Proactive law for managers: a hidden source of
competitive advantage
Masson, Legal strategies: how corporations use law to improve
performance
Other books can be ordered from our library that cover business
(innovation) and (IP) law
I will reveal other sources as we go through the course and some of these
may be made available on Blackboard.

Teaching
At present, the teaching is planned as a 3-hour direct teaching session every
week on a Thursday in 2628-213 (M213). We start in week 36, i.e. 4
September 2014.
I loosely plan to have a 2+1 breakdown of the 1100-1400hrs teaching
sessions that will allow for mini-lectures on upcoming topics, follow-up
seminar and individual work, as well as debates and group presentations.
There will also on occasion be time allocated for quite reading of materials in
class.
This 2+1 style of technique has proved popular and successful on other
courses but requires student involvement. More will be explained during the
first session, including the SIC technique.
Please turn up no later than 1105hrs each time. We have much to get on with!

Assessment
All students are required to attend a 20-minute oral exam, conducted in
English and most likely to be in early- to mid-December 2014. Do not ask
Matthew about the exam date or order, as that is not his business.
Curriculum for IP courses (2014) (5, 10 ECTS)
The oral exam will directly reflect the course teachings and materials, and the
curriculum points identified and stressed in this document. It will also reflect
on exercises done in class and group work, and debates in class.

For students writing a paper (10 ECTS)
You are required to pick a suitable topic and consult with Matthew about
writing a 5-10 page paper, in English, on that topic and handing it in a week
before the oral exam date.
The consultation must be done during week 45 not before or after.
Matthew will give plenty of tips as to what might constitute a good topic. The
class exercises and debates will be a good guide. So too will the case studies.
Matthew will issue further details in week 45 including a fuller guide to your
assessment. He is also happy to take general questions during class.
However, we should be aware that not all students in class are taking this 10
ECTS option.
For now, you should note that on top of writing and defending the paper, you
will be required to answer questions from the curriculum in the oral exam on
topics outside of your paper, and this may include seeking your advice on a
case study scenario.

For students not writing a paper (5 ECTS)
In the exam, you will be required to answer a series of shorter essay style
questions on the course curriculum. These will occur at the beginning and end
of the oral exam.
During the main part of the exam, you will be required to address a case study
scenario which will be made available before the exam, and discuss this in the
oral exam including answering cross-examination from Matthew. Details will
be published during week 45.

Course descriptions
International Intellectual Property Law:
http://kursuskatalog.au.dk/coursecatalog/Course/show/51361/


A key to success for start-ups and SMEs is capturing value from the
commercial knowledge they create themselves and they use of others.
Whether businesses like it or not, regulation has a direct impact on such
success. The main area of regulation that is relevant is intellectual property
law (IP law).
From a strategic perspective and using real-life case studies, this teaching
course covers the important things a business needs to know about IP law in
a global setting.

Why should students take this course?
It is essential for businesses to know IP law and how it applies to them
because the rules affect everything a business does. There are rules covering
how businesses can create, use and defend any kind of intangible asset
such as: inventions and technologies; brands, logos and product packaging;
online written and creative content; product look and design; and even its own
business secrets. The rules also apply to if and when a business is allowed to
Curriculum for IP courses (2014) (5, 10 ECTS)
use the IP of another business. This course translates all this law-based
information into business language.

Who is the course aimed at?
The course is aimed at a business audience without prior knowledge of IP or
IP law. It will also appeal to students with a law profile who want to
understand more about the legal and business overlap in the field of IP.

This course will give a very good introduction to the most relevant laws of IP
affecting a modern business, and extend that to global picture with a look at
the international rules. And because the sets of rules usually differ from one
country to the next, the course will be relevant in any business situation that
crosses a national border, which includes web-based activities.

In a global business setting, the course will highlight the key risks and
opportunities of IP law.

What is an idea of the course content?
After outlining the key basics of the main IP law areas, specific themes are
discussed under the broad topics of: creation, use and defence.

During the course, we talk about the cost and time taken to get IP rights, such
as a patent or trademark. We also talk about how to make the most out of IP a
business creates and owns, including for start-up finance and web strategy.
And we talk about how to define and use others IP, such as through
employment contracts and licensing. In addition, we also talk about how to
protect IP by looking at enforcement options and IP education.

Throughout the course, we ask what the alternatives are to the main IP rights
with a look at business secrets and first-to-market approaches.


What is the course language?
The language is English, and what we call plain business English. This
means the legal jargon is kept to a bare minimum. The use of English means
later on in their professional lives, students will be well-placed to communicate
on IP matters with other business parties in almost any setting as
businesses the world over move towards using English in the global
marketplace.

Advanced Intellectual Property:
http://kursuskatalog.au.dk/coursecatalog/Course/show/51362/


What is the method used?
The course uses lectures to set-up group-based work and relies heavily on
real case studies. The technique is focussed on using IP law as a practical
and strategic tool to help inform business decision-making with legal
knowledge.
A main course textbook will be added to by law reports, business reports, and
Curriculum for IP courses (2014) (5, 10 ECTS)
online sources. In addition, the course will show students how to get the most
out of the huge amount of information available nowadays and how to speak
with IP lawyers, and patent and trademark offices.

How is the course assessed?
The assessment comprises a written paper combined with an oral exam. To
keep the course practical, an individual or group-based mini-project will be
defended orally. This reflects the real world, where combined written and oral
presentation skills are critical.
The mini-project will have to use real business events and issues to show how
IP law applies in practice. Students will be encouraged to use an international
case study of some kind. Examples of such a case study might be: a Nordic
furniture design firm looking to set-up a .com website; a European IT-based
SME looking to enter into a joint venture with an Asian business partner; a UK
food and drinks business looking to re-brand and enter several European
markets at the same time; advice on how small businesses should deal with a
big US companies with lots of IP rights; or what strategies are best to get IP
rights registered in international markets.
The possibilities for a project topic are very wide and can be based or real or
made up events, provided they have business and IP relevance.

What is the course language?
The language is English, and what we call plain business English. This
means the legal jargon is kept to a bare minimum. The use of English means
later on in their professional lives, students will be well-placed to communicate
on IP matters with other business parties in almost any setting as
businesses the world over move towards using English in the global
marketplace.

A key to success for start-ups and SMEs is capturing value from the
commercial knowledge they create themselves and they use of others.
Whether businesses like it or not, regulation has a direct impact on such
success. The main area of regulation that is relevant is intellectual property
law (IP law).
From a strategic perspective and using real-life case studies, this teaching
course covers the important things a business needs to know about IP law in
a global setting.

Why should students take this course?
It is essential for businesses to know IP law and how it applies to them
because the rules affect everything a business does. There are rules covering
how businesses can create, use and defend any kind of intangible asset
such as: inventions and technologies; brands, logos and product packaging;
online written and creative content; product look and design; and even its own
business secrets. The rules also apply to if and when a business is allowed to
use the IP of another business. This course translates all this law-based
information into business language.

Who is the course aimed at?
The course is aimed at a business audience without prior knowledge of IP or
Curriculum for IP courses (2014) (5, 10 ECTS)
IP law. It will also appeal to students with a law profile who want to
understand more about the legal and business overlap in the field of IP.

This course will give a very good introduction to the most relevant laws of IP
affecting a modern business, and extend that to global picture with a look at
the international rules. And because the sets of rules usually differ from one
country to the next, the course will be relevant in any business situation that
crosses a national border, which includes web-based activities.

In a global business setting, the course will highlight the key risks and
opportunities of IP law.

What is an idea of the course content?
After outlining the key basics of the main IP law areas, specific themes are
discussed under the broad topics of: creation, use and defence.

During the course, we talk about the cost and time taken to get IP rights, such
as a patent or trademark. We also talk about how to make the most out of IP a
business creates and owns, including for start-up finance and web strategy.
And we talk about how to define and use others IP, such as through
employment contracts and licensing. In addition, we also talk about how to
protect IP by looking at enforcement options and IP education.

Throughout the course, we ask what the alternatives are to the main IP rights
with a look at business secrets and first-to-market approaches.