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| DROI2316-2 | Trade related aspects of intellectual property rights in the EU and the WTO (included exercises)
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| Duration : | 30h Th, 15h Pr |
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| Number of credits : |
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| Lecturer : | Bernard Vanbrabant, Simon Vander Putten |
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Language(s) of instruction :
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| English language |
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Organisation and examination :
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| Teaching in the first semester, review in January |
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Course contents :
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| The aim of the course is to provide a comprehensive understanding of the complex relationship between intellectual property rights (IPRs) and trade, at both the EU and the international level.¿The course focuses on the study of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPs Agreement"), concluded in the framework of the World Trade Organization ("WTO").
The situation existing prior to the TRIPs Agreement will first be examined, in particular the rules governing international trade, embedded in the General Agreement on Trade and Tariffs (« GATT ») 1947, on the one hand, and the Paris and Berne Conventions, administered by the World Intellectual Property Organization (« WIPO »), on the other hand. A particular attention will be paid to the « national treatment » principle but also to the determination of the applicable law in the field of intellectual property.
Turning to the TRIPs Agreement itself, a word will be said about its drafting history, as well as its impact on developing countries. The structure of the Agreement, as well as the general rules it provides for, will then be carefully examined, before evoking the post-TRIPs evolutions, both in the WTO (Doha Declaration, etc.) and under the auspices of WIPO.
A course will be devoted to the important topic of the exhaustion of rights, as regulated in the European Union, but also overseas (US first sale doctrine).
The course then turns to the question of international harmonization of IPRs, in particular copyright and related rights, trademarks, geographical indications, designs, patents and know-how. In this respect, specific "workshops" will be devoted to (1) the relationship between TRIPs and public health (Doha Declaration), (2) the relationship between IPRs and human rights, (3) the relationship between IPRs and green innovation and (4) the relationship between IPRs and the recognition and protection of Traditional Knowledge.
Finally, attention will be paid to the international enforcement of IPRs.
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Learning outcomes of the course :
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| At the end of the course, students will be able to:
- understand the complex relationship between IPRs and trade, at both the EU and the international level ;
- understand the conflicting interests of nations and the role of politics on the negotiation and implementation process of international treaties, such as TRIPs;
- understand and analyse a typical panel decision adopted under the WTO procedure
- recognize the impact of European and international developments regarding IPRs and TRIPs on legal practice;
- follow up and comprehend new developments regarding TRIPs. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| The basics of European material law must be mastered
Being acquainted with the concepts and main principles of intellectual property law is useful |
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Planned learning activities and teaching methods :
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| The basic principles of the TRIPs will be explained by the professor and the key provision of the legal instruments, commented.
The students are invited to proceed to preparatory readings. Moreover, they will take an active part in the course through the presentation, and preparation, of the workshops devoted to specific issues (cf. supra)
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Mode of delivery (face-to-face ; distance-learning) :
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| Face to face learning |
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Recommended or required readings :
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| Readings will be recommended throughout the course, with a view to preparing the next class.
They include:
- the applicable international conventions and regulations
- case law of the CJEU and the WTO panels
- articles from journals and legal reviews
In order to prepare the first class, the students are invited to read:
- the GATT 1947
http://www.wto.org/english/docs_e/legal_e/gatt47_01_e.htm
- the Paris convention For the Protection of Industrial Property
http://www.wipo.int/treaties/en/text.jsp?file_id=288514
- The Berne Convention For the Protection of Literary and Artistic Works
http://www.wipo.int/treaties/en/text.jsp?file_id=283698
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Assessment methods and criteria :
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| The students will be evaluated on:
- their collective presentations during the workshops
- a short individual assignment (blog style)
- a true/false questionnary |
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Work placement(s) :
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Organizational remarks :
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Contacts :
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| Bernard Vanbrabant
Bât. B31 Droit des biens (box 16)
boulevard du Rectorat 7
4000 Liège 1
Belgique
+32 4 366.30.96 (Thursday)
B.Vanbrabant@ulg.ac.be
Professor assistant:
simon.vanderputten@ulg.ac.be(Veronique.delforge@ulg.ac.be
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B33 - IEJE (2nd floor)
04 366 31 32 |
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