International Intellectual Property, Fall 2007

Course Description

Make TRIPS to Berne, Rome, Paris and Madrid! "Visit" Geneva, where you can find WIPO and the WTO - the world's two most important international IP institutions. Stop by Europe to see how they implement international IP treaties. Closer to home, see how we implement them in the US and discover how they impact international trade relations, domestic policy, and your future clients' rights.

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. All geographic puns aside, this course covers international intellectual property ("IP") law from the following perspectives: (i) international public law, that is, the obligations that exist among sovereign countries and what systems of obligation exist for intellectual property protection; (ii) private international intellectual property law, that is, the acquisition and enforcement of intellectual property rights internationally, such as rights arising under a counties’ patent law, copyright law, or trademark law; and, to a lesser degree, (iii) comparative aspects of IP law among the major trading countries or regions of the world. The course is designed to afford the student who intends to practice in IP an acquaintance with key international IP issues, principles and policy questions. The course will impart understanding in these areas using materials such as treaties, cases and commentary, and will focus on the major international systems related to each substantive IP area.

Generally Applicable Syllabus Information

Please read carefully my Generally Applicable Syllabus Information. This document sets forth course policy for attendance, preparation and participation, use of computers, examination and grading, and other items. A complete understanding of this document is necessary to take full meaning from the Class Schedule and Other Information set forth immediately below.

Class Schedule and Other Information

Name: International Intellectual Property
Class # / Section #: 6333 / 10141
Place: 4 BLB
Time: Tuesday & Thursday, 1:00 p.m. to 2:15 p.m. (2 class sessions per week, 3 credit hours)
 
Required Text: Dinwoodie, Hennessey & Perlmutter, International Intellectual Property Law and Policy (2001)
Supplement?: There is no requirement to purchase a statutory supplement.

Certain documents may be assigned from time to time from sources other than the casebook. These documents will be provided via links in the class assignment table below or in a separate page of class links. Paper copies of these documents will typically not be provided in class, so students should plan to print them or review them electronically.
Prerequisites Prerequisite: (i) IP Survey in past semesters; (ii) IP Survey, Fall 2007, from Professor Vetter, concurrent enrollment requirement; (iii) two of the following - Copyright Law, Patent Law, or Trademark Law; or (iv) with the permission of the Professor.
Grading: The course grade will be primarily based on an open-materials final exam.

"Primarily" means that at least 95% of the course grade will be based on the final exam. Probably 100% of the course grade will be based on the final exam, but I want to have given notice of the possibility of a small percentage of the grade coming from other sources, most likely one or more small exercises. I also give notice that, alternatively, if I assign such exercises I may do so in an ungraded manner, but requiring their completion under the penalty of recording an "absence" for attendance purposes.

Notwithstanding the above, my assessment of your in-class participation performance will not be a component of your grade.
Brief Description of Coverage: This class will meet in two 1.5 credit-hour blocks each week. The coverage goal is approximately twenty to thirty pages per block. Assignments will be detailed in the table below as the semester progresses.
 
Absences Limit: Assuming two class meetings a week, six or less absences constitutes attendance meeting the eighty percent requirement. More than six absences means that the eighty percent requirement is not met.
Attendance will be taken via a roll sheet passed throughout the class each session.
"Pick your seat" seating chart date: The second class session during the first week of class:
- Thursday, August 23, 2007.
 
Final Exam Date/Time: Thursday, December 6, 2007; 2 p.m. to 5 p.m. (3 hours)
Final Exam Information: click here for the Final Exam page.
Final Exam Curve Issue: Registration for this course has resulted in semesters where the number of J.D. students in the course is ten or less, raising a question about the applicable curve under the Law Center's Grading System and Course Curve. See UHLC Student Handbook. A class with ten or less J.D. students is designated a "Very Small Class" under the grading system. The corresponding grading policy for application of the curve is that it is "recommended and ordinarily applicable." I discuss this because I want students on notice that it is very, very likely that the specified curve (2.8 to 3.2) will apply. In other words, under administration practice, the plain meaning of "recommended and ordinarily applicable" does not apply. Rather, the phrase should be taken to mean something like: "applicable except for the most dire and unique circumstances."
First day/week's assignment: Read this course web page, the linked Generally Applicable Syllabus Information, and the assignments detailed in the table below for the first day/week of class.
 
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Audio Recording of Class Sessions I will audio tape the class sessions using a portable recorder attached to my person and post links to the audio tracks on the class web site for the sole and limited educational purpose of allowing students to stream the recorded sessions to review or to enable students who missed a class to hear the class presentation. Any audio tracks created will be deleted and destroyed shortly after the final exam for the class. Since I call on students, there is a slight chance that your contributions to class discussion, whether voluntary or while on call, may be included in the audio recording. The chance is slight because the recording technology I use does a poor job of picking up any voices other than my own. Your continued registration in this class indicates your acquiescence to any such incidental recording for the purposes described above unless, if you have concerns about this, you come speak with me as soon as possible but in no event later than the first day of the second week of class.
Guest Lecture One: Tuesday, November 6th. Normal class time, but we will meet in the Heritage Room.
See: www.law.uh.edu/ipil/PractitionerLectures.html.
Guest Lecture Two: Thursday, November 29th. Normal class time, but we will meet in 3 BLB.
See: www.law.uh.edu/ipil/PractitionerLectures.html.
Scheduling Note: There is no class on Tuesday, Nov. 27; that day is not a "Tuesday" from the perspective of Law Center courses.
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Contact Information and Office Hours

These are posted on my home page at:

www.law.uh.edu/faculty/gvetter/

Course Materials Links by Category

The links below are for general reference and may be used for some class assignments.

Int'l IP Law & Institutions

Other Int'l Materials

General Relevant US Law Materials

  • U.S. House of Representatives Office of the Law Revision Counsel web page for the U.S. Code
  • Overview of U.S. Special 301 Process
  • Special 301 Report (2005) (pdf) 

Patent & Industrial Property

Copyright & Neighboring Rights

Trademark

  • Paris Convention
  • Madrid Agreement (pdf)
  • Madrid Protocol (pdf)
  • Madrid System WIPO Site
  • EU Trademark Directive (pdf)
  • EU Trademark Regulation
  • EU Community Trade Mark (CTM) page [system resulting from the EU Trademark Regulation]
  • Lanham Act sections 44 & 45 with relevant sections for GM v. Lopez case highlighted (word document). 

Course Coverage Table

The tables immediately below provide the detailed assignments for this course. It also may provide links to materials for each class and other items related to the course. In order to allow flexibility in the class, assignments beyond those posted for the next week are subject to change; therefore, students who may wish to read ahead are urged to contact the professor before doing so. The rate of progress through the modules depends on the class dynamics.

Class presentation slides are provided as links below in association with each module title. I will generally have the slides available about a week before we start a new module. If students want hardcopy of the slides for use during class, please download and print the linked slides file.

After each class session, the class date will become a hyperlink to the audio for that class.

Case names are listed in the table below as assignments. Sometimes there are several paragraphs of introduction before the case when the case is the lead case in a new subheading in the book. These introductory paragraphs are part of the assignment and should be read along with the case.

The table below accounts for only thirteen weeks of the semester. One class of the remaining week will be for a speaker presentation during the semester. The other is initially left as a flexible day, potentially to be used for another speaker or simply as the last regular class session.

The call group assignment list will be posted here for downloading as a .pdf file, with a password required to open the file. That password will be given out in class.

In the table each casebook assignment is given a page range to go with the assignment title. Unless the "Comment/Note" column indicates otherwise, read the entire assignment, encompassed on the indicated pages, including any notes or associated problems.

Module 1: Introduction and Overview (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
Overview & Introductory Themes
1-3
The assignments for pages 1-27 are listed in page order, class coverage will reorder the materials.
1.1.a
Tues., Aug. 21
All
Koumantos - Meaning of “IP”
3-8
 
Dot-Communist Manifesto
8
 
McCarthy: IP – the Overlooked Export
8-14
 
IP & the National Information Infrastructure (NII)
14-15
 
Dinwoodie – Integration of Domestic & Int’l IP Lawmaking
16-17
 
1.10
Thur., Aug. 23
All
Gana: Creativity in the 3rd World
17-19
 
Kozyris – Comparative Law for the 21st Century
19-23
 
Keefauver – The Need for Int'l Thinking in IP Law
23-25
 
Notes & Questions
25-27
 
Civil Law Systems (note 7)
27-28
 
The First Successful Factory
505
 stop before [B] on pg. 507
Territoriality –Computer Associates (“CA”) v. Altai
28-34
 
1.20.a
Tues., Aug. 28
L
Module 2: Int'l Law & Institutions (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
Int'l Law and Institutions
35-36
 
2.1.a
Restatement of Foreign Relations §102
36-40
 
Vienna Convention on the Law of Treaties
40-41
 
Multilateral Agreements – Int’l IP Instruments
41-44
 
Thur., Aug. 30
L
Leading Institutions & Actors
44-47
 
2.5
GATT 1947 (stop after reading down through pt. I, art. 1, ¶1).
n/a
 
Introduction to the Uruguay Round agreements (read the introduction and the section immediately thereafter summarizing the agreement establishing the WTO)
n/a
 
TRIPS summary (read the summary and the section immediately thereafter summarizing the "Understanding on Rules and Procedures Governing the Settlement of Disputes" at the WTO)
n/a
 
Skim the full listing of the Uruguay Round documents establishing the WTO
n/a
 
The European Union
47-55
 
2.10.a
History of the European Union (read full page at link)
n/a
 
Other Int'l Players
55-57
 
Negotiation of Treaties
57-61
 
Treaties Under US Law & Executive Agreements
61-66
 
Robertson v. GE
66-71
 
2.20.a
GM Corp. v. Ignacio Lopez De Arriortua
71-79
 
Tues., Sept. 4
R
National Treatment & MFN
79-82
 
Murray v. BBC
82-87
Here is a link with a short video clip about "Mr. Blobby" - the character at issue in this case. 
Module 3: State to State Dispute Settlement (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
Watch the WTO Webcast video entitled "TRIPS: Tape 2 — Questions and answers" (00:48) which is available very near the bottom of the WTO webcasting page
n/a
During this class we will watch a WTO video describing TRIPS (01:04) and discuss the video.
n/a
Thurs., Sept. 6
n/a
Watch the WTO Webcast video entitled "Basic principles of the WTO system" (01:08) which is available on the WTO webcasting page
n/a
During this class we will watch (i) a video describing the WTO history (00:18) and (ii) a video describing two case studies from the WTO DSU system (00:16).
n/a
Tues., Sept. 11
L
Multilateral Trade
825-826
 
Palmeter: Sovereignty and the WTO
826-830
 
Dreyfuss & Lowenfeld – DSU & TRIPS - Introduction
830-834
 
n/a
This is a one and a half page reading updating the situation for Non-Violation Complaints 
Dreyfuss & Lowenfeld – Case 1 – MacroHard
835-848
 
3.3.a
Thurs., Sept. 13
L
India - Patent Protection for Pharm and AgChem
848-858
stop before "The Scope of IP Protection in the WTO" on pg. 858 
3.10.a
Dreyfuss & Lowenfeld – DSU & TRIPS –Case IV – Koka Kola
881-889
 
Tues., Sept. 18
R
EU Banana Arbitration (2000) - Cross Sector Retaliation
890-900
stop before "[F] The Relationship Between . . ." on pg. 900 
Dispute Resolution in WIPO Administered Treaties
781-782
3.20
Newby - Special 301
782-797
 
Alford – American Approaches to IP in East Asia (1994)
797-804
 
Notes
804-809
 
David Kirkpatrick, How Microsoft Conquered China, Fortune, July 23, 2007
n/a
handed out in class 
Special 301 Report Excerpts
809-824
skim read this portion 
EU Trade Barrier Regulation
824-825
stop before "Multilateral Trade Measures" on pg. 825
 
Module 4: Basic Principles of Int'l Patent Law (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
The Development of Int'l Patent Treaties
377-388
skim this reading 
4.1.a
Paris Conv. Substantive Provisions - Art. 5
400-416
 
Thurs., Sept. 20
R
Harmonization of Substantive Patent Law
416-425
 
TRIPS and Patent Law
425-431
stop before Notes, pg. 431 
TRIPS and Patent Law (continued)
431-436
 
4.10.a
Casebook Supplement for page 436
 
Tues., Sept. 25
L
n/a
skim these two linked documents 
Canada Pharmaceutical Patent Protection
437-470
 
Global Patent Registration?
913-916
stop before "Le Brevet . . .", pg. 916
4.20.a
Patent Cooperation Treaty
921-929
stop before "[C] Quasi . . .", pg. 929
Thurs., Sept. 27
L
EPC - Lenzing AG’s European Patent
988-998
stop before "[3] The Luxembourg . . .", pg. 998
Tues., Oct. 2
R
Handout: Toward the Realization of the Community Patent
all
This 4 page handout will be provided in class before this class session.
GAO's report to Congress on "Experts' Advice for Small Businesses Seeking Foreign Patents," No. GAO-03-910
1-19
read the indicated pages in the GAO document; skim the remainder of the document, paying attention to the tables and diagrams on pgs. 42, 46, 47 & 54
 
Module 5: Basic Principles of Int'l Copyright Law (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
Copyright and Related Rights Background
513-516
stop before "Ricketson", pg. 516
5.1.a
Berne Convention articles: 2, 5, 6, 6bis, 7(1), 8, 9, 14ter, & 19
n/a
use the link above to read these Berne sections  
Berne Convention Implementation Act
535-541
stop before "WIPO . . .", pg. 541
Author’s Rights v. Copyright
n/a
read slides 5.3.a to 5.3.g 
link to handout: Moral Rights
1083-1084
the handout password is the same as that for the call group list
link to handout: Huston v. Turner
1085-1087
the handout password is the same as that for the call group list
link to handout: Carter v. Helmsley-Spear
1102-1118
the handout password is the same as that for the call group list
Thurs., Oct. 4
R
WTO DSB – US 110(5) “Home Style” Exception
575-622
stop before sec. 4.04, pg. 622
5.10.a
Tues., Oct. 9
L
Verstrynge: The EU Commission’s Direction on Copyright and Neighboring Rights (1993)
645-650
 
5.20.a
Warner Bros. v. Christiansen
651-654
 
Collins v. Imtrat; EMI v. Patricia
654-668
stop before "[3] Competition Law", pg. 668
Thurs., Oct. 11
L
Gendreau – Copyright Harmonization in the EU and North America
698-704
 
5.30.a
Tues., Oct. 16
R
Caviedes – Should the EU Dictate Int’l © Law Development?
705-710
 
Ginsburg – Role of Nat’l © Norms in Era of Int’l © Norms
710-712
 
EU – E-Commerce Directive (2000) – sections on ISP liability
713-716
 
Perlmutter – Future Directions in Int’l Copyright
717-722
 
WIPO Primer on IP & E-Commerce
722-725
 
WIPO “Internet” Treaties - WIPO Primer on IP and E-Commerce
725-729
 
Samuelson, the US Agenda at the WIPO “Internet” Treaty Conference
730-737
 
5.40.a
Peters, U.S. House Report
738-744
Thurs., Oct. 18
R
EU Council – Common Position on Directive for WCT/WPPT
744-747
 
AV Performers’ Rights
747-752
 
n/a
read the 60 numbered items in the preamble and skim the rest
Tues., Oct. 23
L
U.S. Copyright Office, Report on Legal Protection for Databases (1997)
n/a
read the Introduction, sections I, IV, and VII.B.6 (Misappropriation); skim read the rest, don't worry about the footnotes at the end
Database Protection
753-757
1-22
read the entire bill (the word density per page is very low)
n/a
read all of this report
 
Module 6: Basic Principles of Int'l Trademark Law (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
Mother’s Restaurants v. Mother’s Other Kitchen
89-91
 
6.1.a
Vaudable v. Montmartre, Inc
92-93
 
Person’s Co., Ltd. V. Christman
93-98
 
Buti v. Impressa Perosa, S.R.L.
98-102
 
Thurs., Oct. 25
L
McDonalds v. McDonalds Ltd.
102-105
 
6.10
Jian Tools for Sales Inc. v. Roderick Manhattan Group
105-107
 
Tues., Oct. 30
R
Notes
107-112
 
Global Marketing and Trademark Law
112-116
 
Otokoyama Co. Ltd. v. Wine of Japan Import
116-122
 
Doctrine of Foreign Equivalents
122-126
 
6.20.a
German Case Law on Foreign Marks
126-133
stop before "[D] The Trademark Law Making Dynamic" on pg. 133
Types of Multilateral Trademark Agreements
138-141
 
6.22.a
Freeman, Reshaping Protection . . . : Looking Beyond GATT
141-145
 
Schmidt-Szalewski – Int’l Protection of TM after TRIPS
145-149
 
Thurs., Nov. 1
R
Paris Convention implementation in National Law
150
 
Vanity Fair Mills v. T. Eaton Co.
150-153
 
Paris Convention Articles: 2, 6, 6bis, 6quater, 6quinquies, 6sexies, 7, and 7bis.
n/a
read these articles in the Paris Convention using the links to the convention above
GM Corp. v. Ignacio Lopez De Arriortua
153
pg. 153 refers back to pgs. 71 to 76
6.30.a
Paris Convention implementation in National Law
154-160
stop before "[4] Mechanisms Facilitating Multinational Rights" on pg. 160
Guest Lecture One: Patricia Judd
Meet in Heritage room
Tues., Nov. 6
n/a
Substantive Minima – Well Known Marks
187
Thurs., Nov. 8
L
Mostert, Well-Known Marks
188-191
 
Well-Known Marks – notes & questions
192-194
 
TRIPS Articles: 15 through 21
n/a
read these sections in TRIPS using the links to it above
TRIPS, Art. 16
194-200
US Federal Dilution Act & TRIPS Art. 16
200-201
stop before "FREDERICK W. MOSTERT . . . " on pg. 201
Heald - TRIPS & Trademarks (1996)
212-216
 
6.40.a
TRIPS & Trademarks – other items
216-220
 
EU Trademarks
220-227
stop before "PHILIPS" on pg. 227
Scope of EU Trademark Rights Under the Directive
262-263
 
Wagamama
263-272
stop before "Notes and Questions" on pg. 272
Tues., Nov. 13
R
Wagamama - notes
272-274
 
6.50.a
British Sugar v. James Robertson & Sons
274-277
 
GM v. Yplon SA
277-282
stop before "BAYWATCH . . . "on pg. 282
 
Module 7: Multinational Acquisition of Rights (slides)
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
n/a
7.1.a
Next, read 20 Questions about the Madrid Protocol.
n/a
 
Samuels & Samuels – The Madrid System
947-952
 
Zelnick – The Madrid Protocol
953-955
 
Notes – The Madrid Protocol
955-963
stop before "[B] The Trademark Registration Treaty" on pg. 963
The Community Trademark
1034-43
7.10.a
Thurs., Nov. 15
R
The Community Trademark - notes
1043-47
 
P & G’s Application (BABY-DRY)
1047-49
Tues., Nov. 20
L
Wrigley/Light Green case
1050-51
 
Wrigley/Light Green case - notes
1051-56
stop before "[3] Enforcement" on pg. 1056
Guest Lecture Two: Jill McWhirter
Meet in 3 BLB
Thurs., Nov. 29
n/a
NOTE: pages and assignments for the remaining modules are not yet complete in all respects; the slides for those modules are forthcoming
 
Module 8: Private Enforcement of Rights (slides) { forthcoming }
Assignment Page(s) Comment/Notes
Start OH#
Date
Call Group
{ forthcoming }
?
 
x.x
???
tbd
 

Last modified on November 8, 2007, by Greg R. Vetter at the University of Houston Law Center

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