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| DROI2316-1 | Trade related aspects of intellectual property rights in the EU and the WTO | ||
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| Duration : | 30h Th | ||
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| Credits/ECTS : | |||
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| Holder(s) : | Geert Van Overwalle | ||
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| Course contents : | The objective of this seminar is to provide an overview of the complex and ever evolving relationship between intellectual property (IP) rights and trade in goods and services at both Community and international level. This will be done by highlighting a number of key recurring themes (see below). During this seminar, which will require the active participation of attending students, particular emphasis will be placed on the caselaw of the European Court of Justice/Court of First Instance and decisions of the European Commission. In addition, a number of WTO Appellate Body and Panel Reports concerning the TRIPS Agreement will be examined in order to ascertain which IP topics have proved controversial at international level and how conflicts have been resolved within the WTO forum. The jurisprudence of other judicial bodies such as the US Supreme Court and the EFTA Court will also be consulted where interesting differences in approach to similar questions have emerged. The first topic to be dealt during the course of this seminar will be the question of exhaustion of IP rights at Community level. This will be followed by an appraisal of the developing interface between IP rights and EC Competition law and policy. Particular reference will be made to the caselaw/legislation on technology transfer and compulsory licensing (essential facilities). A brief reference will also be made to the caselaw in the US on these matters for the purposes of comparison. Secondly, the status of the TRIPS Agreement under EC law and the question of direct effect will be examined. The details of the TRIPS Agreement, set against the backdrop of its negotiating history, and the emerging caselaw thereon within the WTO forum will be discussed. Finally, the caselaw on international exhaustion of IP rights will be studied together with the current debate on the TRIPS Agreement and trade with developing countries. | ||
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| Organization : | Mixture of lectures and master classes | ||
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| Assessment : | Written | ||
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| Contacts : | geertrui.vanoverwalle@law.kuleuven.ac.be | ||
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ULg : Students and Studies Administration - Academic Affairs
Contact : Monique Marcourt, direction A.E.E.
Date of data : 27/02/2006
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