Duration
10h Th
Number of credits
| Specialised master in European law | 2 crédits |
Lecturer
Language(s) of instruction
English language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course is an introduction to the protections of design, i.e. the appearance of a product.
Foremost is the Community design, created by Regulation (EC) 6/2002 (the "Regulation"). The Regulation provides for a new regime that is unitary (having equal effect throughout the EU), two-tier (combining unregistered Community design ("UCD") and registered Community design ("RCD"), with common and different features) and cumulative (with other rights, primarily copyright).
Discussed features of the Community design shall include: subject-matter of the protection and exclusions, requirements for protection (especially novelty and individual character assessed against the informed user), commencement (first disclosure within the Community for UCD or filing with OHIM for RCD) and term (3 years for UCD and up to 25 years for RCD), ownership and dealings, scope of protection and exclusive rights, exceptions as well as invalidity and infringement proceedings (especially pan-European jurisdiction in certain cases). Infringements proceedings are handled by Community Design Courts, i.e. designated national courts acting as Community courts; thus, the case-law on Community design is European in character.
The Community design coexists with national or regional (Benelux) design rights, as harmonised by Directive 98/71/EC, which shall be briefly addressed.
The Community design may be cumulated with other rights, primarily national copyrights, and also (Community or national) trademarks. Their respective regimes shall be compared.
Thus, design protections involve at least three strategic parameters: one material (which rights for which subject-matter?), one temporal (which commencement and term?) and one territorial (which adjudicatory jurisdiction for which substantive protection?)
Learning outcomes of the learning unit
At the end of the course, students should be able to:
- answer the queries of an hypothetical IP client about design protections (including validity and infringement);
- compare design right with other IP rights, such as copyright and trademark.
Prerequisite knowledge and skills
No prerequisite.
Planned learning activities and teaching methods
The course is taught mainly ex cathedra, with discussions of readings (European cases and articles) and exercises.
Mode of delivery (face-to-face ; distance-learning)
Face-to-face (+ contact by email)
Recommended or required readings
Required readings: one case per lecture (sent beforehand by email).
Students will be provided with (about 200) slides on the whole course.
These include a bibliographical orientation.
Assessment methods and criteria
Students are graded through a (reasonably) "openbook" oral exam.
Work placement(s)
Organizational remarks
Contacts
ch.massa@ulg.ac.be, cymassa@yahoo.com