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Foundational Concepts in Intellectual Property

Dates:
  • Tue 13 Feb 2018 11.00 - 13.00
  Add to Calendar 2018-02-13 11:00 2018-02-13 13:00 Europe/Paris Foundational Concepts in Intellectual Property

6 credits

Intellectual property law pervades the economies of states and the global economy. Classical forms of intellectual property such as copyright, patents, trade marks and geographical indication protection have expanded dramatically. New systems such as database protection and plant variety rights have emerged and others such as traditional knowledge protection are gaining strength. At the global level, intellectual property is a fundamental part of trade and investment regimes. States in regulating for public welfare have to take account of the rights of intellectual property owners (for example, Australia’s defence of its plain tobacco packaging legislation in the WTO; Canada’s defence of its patent law against Eli Lilly in an investor-state dispute settlement case).
Each system of intellectual property law is characterized by core principles and foundational distinctions, examples being invention in patents, distinctiveness in trade mark law, what amounts to use of a trade mark, authorship in copyright law, and the idea/expression distinction in copyright law. We begin by examining the justifications offered for these property right monopolies. Using a selection of core principles and distinctions from each system we ask whether the national and global evolution of these concepts is consistent with the justification offered for having the system. By way of example, small modifications to existing molecules will in many jurisdictions result in the grant of a patent claim. Is this consistent with the patent social contract? Is it consistent with an incentive view of innovation?
No prior knowledge of intellectual property systems is assumed. The aim is to introduce students to a selection of key concepts to be found at the heart of these systems and to evaluate critically their transformation.
Text: no single text is suitable, but a starting point is A Philosophy of Intellectual Property, available as a free download here

Sala del Torrino , Villa Salviati DD/MM/YYYY
  Sala del Torrino , Villa Salviati

6 credits

Intellectual property law pervades the economies of states and the global economy. Classical forms of intellectual property such as copyright, patents, trade marks and geographical indication protection have expanded dramatically. New systems such as database protection and plant variety rights have emerged and others such as traditional knowledge protection are gaining strength. At the global level, intellectual property is a fundamental part of trade and investment regimes. States in regulating for public welfare have to take account of the rights of intellectual property owners (for example, Australia’s defence of its plain tobacco packaging legislation in the WTO; Canada’s defence of its patent law against Eli Lilly in an investor-state dispute settlement case).
Each system of intellectual property law is characterized by core principles and foundational distinctions, examples being invention in patents, distinctiveness in trade mark law, what amounts to use of a trade mark, authorship in copyright law, and the idea/expression distinction in copyright law. We begin by examining the justifications offered for these property right monopolies. Using a selection of core principles and distinctions from each system we ask whether the national and global evolution of these concepts is consistent with the justification offered for having the system. By way of example, small modifications to existing molecules will in many jurisdictions result in the grant of a patent claim. Is this consistent with the patent social contract? Is it consistent with an incentive view of innovation?
No prior knowledge of intellectual property systems is assumed. The aim is to introduce students to a selection of key concepts to be found at the heart of these systems and to evaluate critically their transformation.
Text: no single text is suitable, but a starting point is A Philosophy of Intellectual Property, available as a free download here


Location:
Sala del Torrino , Villa Salviati

Affiliation:
Department of Law

Type:
Seminar

Organiser:
Prof. Peter Drahos (EUI - Law Department)

Contact:
Rossella Corridori (EUI - Law) - Send a mail
 
 

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