2020-2021 / DROI1323-1

Intellectual property and unfair competition

Duration

36h Th

Number of credits

 Master in law (120 ECTS)5 crédits 
 Extra courses intended for exchange students (Erasmus, ...) (Faculté de Droit, de Sciences politique et de Criminologie)5 crédits 

Lecturer

Bernard Vanbrabant

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The course concerns, on the one hand, the areas of intellectual property rights that are most relevant and common for the business world, namely the field of distinctive signs (trade marks, but also trade names and signs, domain names, geographical indications and quality schemes), and on the other hand the legislation concerning market practices and the general obligation of fair competition between companies, the violation of which can give rise to legal proceedings for unfair competition.
The following concepts are specifically raised: conterfeit, risk of confusion, tarnishment, parasitism, comparative and misleading advertising and the poaching of employees.

Learning outcomes of the learning unit

At the outcome of the course, the student must be capable of advising a company on the limits of the freedom of trade and concerning the way to protect its commercial interests and its market share, both in a preventive and curative context.

Prerequisite knowledge and skills

Parts of commercial law.
Notions of intellectual property law (15h min).

Planned learning activities and teaching methods

Jurisprudence of both the European Court of Justice and the Belgian courts is an essential part of the course. Readings are required in prepartion of each course.
If the number of students allows, moot court exercises are organized, where two teams of students represent on of the party in an infringement/unfair competition action and exchange briefs before pleading the case before the rest of the class. A judgment is rendered by a fifth student. The exercise is commented by the professor during a debrief.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face teaching with streaming

Organisational adjustments related to the current health context

The course is accessible online on this platform: 

https://call.lifesizecloud.com/extension/2373042 (code 5786)
or
https://www.ecampus.uliege.be/webapps/collab-ultra/tool/collabultra?course_id=_21156_1
 

Recommended or required readings

The readings (jurisprucence) will be provided during the course.

Assessment methods and criteria

Below you will find information on the evaluation methods planned for in-person and remote exams as well as those planned for hybrid sessions. Depending on how the health crisis evolves, the chosen method will be communicated to you no later than one month before the start of the exam session.

Written exam containing two parts:
- True/false, without notes or materials (test of basic knowlegde)
- Casus and in-depth questions (use of legislative texts allowed, not annotaded).

Work placement(s)

Organizational remarks

Contacts

Prof: b.vanbrabant@ulg.ac.be
Ass: dietger.glorieux@ulg.ac.be(d.glorieux@ulg.ac.be )