International Intellectual Property, Fall 2008

I. Course Outline: This course examines, analyzes and studies the remarkable
subject of International Intellectual Property Law and how to enforce
trademarks, patents and copyrights beyond national boundaries. Special
emphasis will be placed on international standards for intellectual property
and its implementation, application and practices in national jurisdictions. In
addition the course covers the differences and similarities between the
diverse national intellectual property systems. The course will be divided into
six major blocks:
a. Overview and Introductory Themes.
b. International Copyright and Neighboring Rights.
c. International Patent Law.
d. International Trademarks and Geographical Indications.
e. Unfair Competition and Trade Secrets.
f. International Enforcement of Intellectual Property Rights.

II. Class & Material: The class will meet once a week in a two hour session. Each
class will approximately cover forty per week.
III. Prerequisite: (i) IP Survey in past semesters; (ii) two of the following - Copyright
Law, Patent Law, or Trademark Law; or (iii) with the permission of the
Professor.
IV. Student Attendance: The Law Center attendance policy requires sufficient
attendance at the scheduled (or makeup) classes or a student will risk being
dropped from the class. Attendance will be taken at the beginning of each
class. The students are responsible for managing his or her absences from
class and ensuring that his or her number of absences does not exceed the
threshold for the class.
V. Student Preparation and Participation: Preparation and participation are
mandatory. The professor will indicate for each class the material and the
book chapter that shall be prepared by the students. Also, the professor will
provide documents and supplements electronically or by hard copies. All the
material indicated and supplied by the professor will be subject for
questioning. The professor will randomly call upon a group of students from
the class and will ask questions regarding the material previously indicated.
This method will help and contribute to a fructiferous discussion and will
improve professor's dissertation. If practical exercises are deemed necessary,
they are to be minor projects that might require some out-of-class preparation
in order to participate in role playing during class, presentations to fellow
students, and debates/discussions on specific topics. There will be no more
than two practical exercises.
VI. Evaluation and Grades: The course grade will be based 100% on an open
material final exam. Class participation is not a part of the course grade.
However, the professor reserves the right to adjust a student's grade by
lowering one grade level for inadequate class participation. Inadequate
participation could include: insufficient preparation for class as shown through
in-class questioning; exceeding the threshold for absences; and insufficient
participation in any practical exercises that the professor assigns.
VII. Required Text: Daniel C.K Chow and Edward Lee International Intellectual
Property,
VIII. Supplement: There is no requirement to purchase a statutory supplement.
Certain documents may be assigned from time to time from internet open
sources. Some of these international instruments are:
a. TRIPS agreement.
b. Berne Convention for the Protection of Literary and Artistic Works.
c. Brussels Convention Relating to the Distribution of Programme-Carrying
Signals Transmitted by Satellite
d. Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms
e. Madrid Agreement for the Repression of False and Deceptive Indications
of Source on Goods
f. Paris Convention for the Protection of Industrial Property
g. Patent Law Treaty (PLT)
h. Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations.
i. Trademark Law Treaty
j. WIPO Copyright Treaty (WCT)
k. WIPO Performances and Phonograms Treaty (WPPT).
l. Regional Treaties and National Legislation:
m. Argentinean Trademarks Law and Patent and industrial utility models law
n. Brazilian Industrial Property Law and copyright Law
o. Mexican Federal Copyright Law and Industrial Property Law
p. Andean Community legislation regarding Copyright and Industrial
Property.
q. NAFTA.
r. OAPI
s. ARIPO

 
 Module I Introduction and Overview
First Day Assignment
Assignment Pages Comment/Notes Date
Why has Intellectual 6 to 11 From page 6 Tues., Aug 26
Property Gone international trade to
International / 11 stop before
International trade. Intellectual property
developing countries.
The system of 17 to 40 From page 17 Tues., Aug 26
International national IP laws-
Intellectual Property territorial in Scope to
40 stop before notes
and questions.
International legal 55 to 65 From page 55 Tues., Aug 26
Institution International Legal
Institutions to 65 stop
before The European
Union.
The Vienna Preamble and articles Tues., Aug 26
Convention of the 1 to 5 and 26, 27, 31-
Law of Treaties 33

Module II International Copyrights and Neighboring Rights

Assignment Pages Comment/Notes Date
Introduction. The 76 to 81 From page 76 Tues., 2 Sep
right of Authors, Introduction to 81,
International stop before problem
Agreements (Berne, 2-1.
Rome and TRIPS)

Foreign Nationals 86 to 95 From page 86 Foreign Tues., 2 Sep

Acquiring Copyrights Nationals Acquiring
and Neighboring Copyrights and
rights. Neighboring Rights to
98, stop before Notes
and Questions
Points of attachment 113 to 221 From page 113 Points Tues., 2 Sep
and National of Attachment and
Treatment National Treatment to
121 stop before Notes
and Questions
Subject Matter. 136 to 146 From page 136 CCH Tues., 2 Sep
Originality or Canadian Ltd v Law
Creativity Society of Upper
Requirement Canada, stop before
 problem 2-11
Data Base Protection 146 to 151 From page 146 Tues., 2 Sep
Special Discussion:
Database Protection
to 151, stop before
Intellectual Property
Rights in Data?
Folklore and 164 to 172 From page 164 Tues., 2 Sep
Traditional Knowledge Special Discussion:
Folklore and
Traditional Knowledge
to 173, stop before
problem 2-13
Berne Convention Articles 2, 5, 18, 14, Tues., 2 Sep
15
TRIPS 9, 10, 12,13, 70 Tues., 2 Sep
Exclusive Rights of 174 to 179 From page 174 Tues., 9 Sep
Copyright (Economic) Exclusive Rights of
Copyright to 179, stop
before problem 2-14
Special Discussion 183 to 213 From 183 Special Tues 9 Sep
Rights in Musical Discussion Rights in
Works, Sound Musical Works,
Recording, Sound Recording,
Performances, and Performances, and
Broadcasts. Broadcasts to 213
stop before Copyright
Term and
Neighboring Right
Term.
Berne Convention Article 7 and 7 bis Tues., 9 Sep
Rome Convention Articles 1-7, 14, 17 Tues., 9 Sep
TRIPS 12, 14 Tues., 9 Sep
Moral Rights 231-266 From page 231 Moral Tues., 16 Sep
rights to page 266
Berne 6 bis Tues 16 Sep
TRIPS Article 9 Tues 16 Sep

Module III International Patent

Assignment Pages Comment/Notes Date
Introduction 267 to 276 From page 267 Tues., 23 Sep
Introduction to 276
stop before Patents
and Economic
Development, The
Ongoing North South
Debate.
India Patent 285 to 293 From page 285 India Tues., 23 Sep
Protection for Patent Protection for
Pharmaceutical and Pharmaceutical and
Agricultural chemical Agricultural chemical
Products. Products, to 305.
Ownership and 293 to 304 From page 293 Tues., 23 Sep
formalities: Obtaining Ownership and
Domestic and Foreign Formalities: Obtaining
Patents Domestic and Foreign
Patents to 304.
Priority Disputes 308 315 From page 308 Tues., 23 Sep
Priority Disputes to
315 stop before
problem 3-6
TRIPS Articles 29, 30 Tues., 23 Sep
Paris Convention Articles 4, 4 bis, 4 ter, Tues., 23 Sep
4 quarter, r,
Working 317 to 326 From page 317 Tues 30., Sep
Requirements Working
Requirements to 326
stop before
Harmonizing Scope
and Allocation of
Patent Rights in
Europe- Towards a
New European Patent
Law.
Patent Requirements 335-346 From page 335 Tues 30., Sep
Patent Requirement
to 346 stop before
notes and Questions
Special Discussion: 352- 354 From page 352 Tues 30., Sep
Patentability of Special Discussion:
Business Methods Patentability of
and Computer Business Methods
Software. and Computer
Software to 354, stop
before Hitachi.
Utility of Capable of 365 -382 From page 365 Utility Tues 30., Sep
Industrial Application of Capable of
and Novelty Industrial Application
to 382.
Paris Convention Article 5, 5 bis, 5 ter, Tues 30., Sep
quarte
TRIPS Article 27 Tues 30., Sep
Nonobviousness or 397-401 From page 397 Tues., 7 Oct
inventive Step Nonobviousness or
Inventive Step to 401,
stop before 401
Sandoz GMBH v.
 Roche Diagnostics
GMBH.
Exclusive Rights 411 -427 From page 411 Tues., 7 Oct
Exclusive Rights to
427
Canada Patent 435-448 From page 435 Tues., 7 Oct
Protection Canada Patent
Protection to 448 stop
before problem 3-18
Compulsory License 449-456 From page 449 Tues., 7 Oct
Compulsory License
to 456
Doha Declaration 460- 473 From page 460 Doha Tues., 7 Oct
Declaration to 473.
TRIPS Article 33 Tues., 7Oct

Module IV International Trademarks and Geographical

Indications.
Assignment Pages Comment/Notes Date
Introduction 474- 479 From page 474 Tues., 14 Oct
Introduction to 479
before Notes and
Questions.
Trademarks 481-496 From page 481 to 496 Tues., 14 Oct
stop before Unites
States Section 211
Omnibus
Appropriations Act of
1998.
Madrid System 506- 511 From page 506 Filing Tues., 14 Oct
an International
Application Under the
Madrid System to
511, stop before
Notes and Questions.
Ownership, Transfer 523-525 From page 523 Tues., 14 Oct
and Exhaustion Ownership, Transfer
and Exhaustion to
525, stop before
Vittoria North America
L.L.C v. Euro Asia
Imports.
Special discussion; 532- 542 From page 532 Tues., 14 Oct
related Companies, Special Discussion;
first sale Doctrine and related Companies,
Exhaustion. first sale Doctrine and
 Exhaustion to 542
Subject Matter 544-553 From page 544 Tues., 21 Oct
Subject matter to 553
top before Traffix
Devices, Inc v.
Marketing Display Inc
Generic Marks 561-567 From page 561 Tues., 21 Oct
Generic Marks to 567,
stop before Notes and
Questions.
Exclusive Rights 568- 587 From 568 Exclusive Tues., 21 Oct
Rights to 587
Dilution 605- 618 From 605 Dilution Tues., 21 Oct
Claims to 618, stop
before Notes and
Questions.
Abandonment 619- 625 From page 619 Tues 28 Oct
Abandonment to 625
stop before Notes and
Questions.
Term of Trademark 626-628 From page 626 Term Tues 28 Oct
Registration. Other of Trademark
Types of Marks. Registration to 628,
stop before
Geographical
Indication.
Geographical 628-645 From page 628 Tues. 28 Oct
Indication. Geographical
Indication to 645, stop
before Notes and
Questions.
Heightened Protection 655- 661 From page 655 Tues., 28 Oct
for wines and Spirits Heightened Protection
and Exceptions for Wines and Spirits
and Exceptions to
661, stop before
TRIPS Agreement
Towards Better
Protection for
Geographical
Indications.
Special Discussion; 684-692 From page 684 Tues., 28 Oct
Internet Domain Special Discussion;
Names and Internet Domain
Trademarks Disputes. Names and
Trademarks Disputes
to 692.
 Module V
Unfair Competition and Trade Secrets.
Assignment Pages Comment/Notes Date
Unfair Competition 705- 718 From page 705 Unfair Tues Nov 4
competition to 718
stop before Notes and
Questions.
The Paris Convention 721- 735. From page 721 The Tues Nov 4
and TRIPS Paris Convention and
Agreement. TRIPS Agreement to
735, stop before
problem 5-3.
Protection for 735-744 From page 735 Tues Nov 4
Undisclosed Test Protection for
Data for Undisclosed Test
Pharmaceutical and Data for
Agricultural Products. Pharmaceutical and
Agricultural Products
to 744, stop before
Notes and Questions
Protecting Trade 746- 755 From page 746 Tues Nov 4
Secrets Internationally Protecting Trade
Secrets Internationally
to 755

Module VI
International Enforcement of Intellectual Property Rights
Assignment Pages Comment/Notes Date
Introduction & 756 -791 From page 756 Tues., Nov 11
Commercial Piracy Introduction to 791
stop before Problem
6-3
Enforcement 792-818 From page 792 Tues., Nov 18
Obligation under Enforcement
TRIPS Obligation under
TRIPS to 818
Private Enforcement 818 -858 From page 819 Tues., Nov 25
Private Enforcement
to 858.
Review Session Review Session Review Session Tues. Dec 1