International Intellectual Property, Fall 2013

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 / 24771
Place: BLB 213
Time: Tuesday & Thursday, 9:00 a.m. to 10:15 p.m. (2 class sessions per week, 3 credit hours) For the first fifteen class sessions, we will hold class until 10:20 a.m., which gains one class period in partial consideration of the cancellation days listed below.
UHLC Listing: http://www.law.uh.edu/schedule/class_information.asp?cid=12005
 
Required Text: Daniel Chow & Edward Lee, International Intellectual Property: Problems, Cases, And Materials (2nd ed. 2012)
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) two of the following - Copyright Law, Patent Law, or Trademark Law; or (iii) 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 29, 2013
 
Final Exam Date/Time: Tuesday, December 17, 2013; 9 a.m. to 12 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.
 
Class Evaluation Day { forthcoming }
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, please come speak with me as soon as possible but in no event later than the first day of the second week of class.
Cancellation Day(s)

Thursday, October 31, 2013
Tuesday, Nov. 26, 2013

Scheduling Note: Tuesday, Dec. 3, is not a "Tuesday" from the perspective of Law Center courses.
Makeup for Cancelled Day(s):


Friday, October 25; same time of day (9:00 a.m.); Room 215 TUII (this is a room different from our normal classroom).

One makeup day is gained by running class an extra 5 minutes, until 10:20 a.m., for the first 15 class days.

Guest Lecture(s): Ricardo Colmenter, General Regional Counsel Western Hemisphere, Weatherford International
Guest Speaker Day: Thursday, October 17, 2013

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. These links will be updated nearer the beginning of the course.

Int'l IP Law & Institutions

Other Int'l Materials

General Relevant US Law Materials

Patent & Industrial Property

Copyright & Neighboring Rights

Trademark

Course Coverage Table

The tables immediately below provide the detailed assignments for this course. They also may provide links to materials for each class and other items related to the course. In order to allow flexibility in the course, 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 a few days before a class. 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 casebook makes liberal use of "problems" - which in many cases are fact patterns adopted from actual cases. The problems' purpose is to illustrate twists in doctrine and provide additional context. When a problem is included in the assigned reading, there is no reason to write out an answer to the problem. Rather, it is sufficient to think about the problem and if desired make a few notes. Problems in the assigned reading may be the focus of class discussion, but will not always be touched upon in class.

The table below intends to account for only thirteen weeks of the semester. One class of the remaining week will be for the possibility of 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.

Case names are listed in the table below as assignments.

Revision to Generally Applicable Syllabus: Call assignment for cases is by individual using the first letter of the last name, proceeding alphabetically most of the time. In some instances, multiple persons share the same first letter of the last name, in which case a number indicates who the person is based on alphabetical order. If a person assigned to a case does not appear for a class session, I will look for volunteers. Adjustment of individual case assignments may occur up to mid-evening (around 7 pm) of the night before class.

Students must email me if they will not attend in order for this system to work well.

Module 1: Introduction (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Biopiracy article
all
Aug. 27
Music piracy article
 
Introduction topics
1-16
 
Territoriality - Subafilms v. MGM-Pathe (9th.1994)
16-23
 
B
Aug. 29
Territoriality and Exhaustion of IP rights
23-26
 
Int'l Law and Treaties
26-30
 
National Treatment
30-32
 
Sept. 3
National Treatment - Collins v. Imtrat (ECJ 1993)
32-36
 
C
MFN - Havana Club WTO Appeal
36-42
 
L
Sept. 5
Choice of Law - Itar-TASS v. Russian Kurier (2nd 1998)
42-49
 
M
Sept. 10
Int'l Institutions
50-66
 
Recent Developments in Int'l IP
66-77
 
Overview of U.S. IP Laws
77-83
 
 
Module 2: Copyright & Neighboring Rights (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Introduction
84-92
 
Sept. 12
Points of Attachment & Natl Treatment (probs 2-2; 2-3)
93-99
 
Berne Retroactivity
104-107
 
Dam Things v. Russ Berrie & Co. (3d 2002)
107-115
 
W
Berne Prohibition on Formalities (probs 2-5; 2-7)
100-104
popular commentary on the Orphan Works Act of 2008 
Sept. 17
Points of Attachment & Natl Treatment - Neighboring Rights (prob. 2-9)
115-122
 
Bruce Springsteen & His Band (Sup. Ct. Germany 1998)
122-125
 
B
Problem 2-10
125
 
Ownership and Transfer
125-129
 
Subject Matter
129-132
 
Databases
144-150
 
British Horseracing Board v. William Hill Org. (ECJ 2004)
150-156
the case on its return to England in 2005
C
Sept. 19
Problem 2-12
146-147
 
Sept. 24
Exclusive Rights
165-174
 
Problem 2-14
165-166
 
Problem 2-15
171
 
China - WTO Panel Report (2009)
174-180
 
L
Infopaq Intl. v. Danske Dagblades Forening (EU Ct. of Justice, 2010)
180-184
 
M
Exceptions to Exclusive Rights
184-187
 
Sept. 26
U.S. Sec. 110(5) of U.S. Copyright Act - WTO Panel Report
187-197
 
W
Exceptions to Exclusive Rights - Approaches
197-199
 
Copyright Term - Berne Rule of Shorter Term
203-206
 
Oct. 1
Problems 2-18 through 2-20
206-208
 
EU Copyright Term Directive & Problem 2-21
208-213
 
Moral Rights - Huston v. Turner Entertainment
213-215
Moral Rights article - Dietz
215-223
 
Gilliam v. ABC (2d 1976)
223-231
 
B
 
Module 3: Patents (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Introduction
252-261
 
Oct. 3
Maskus - Lessons from Studying the Int'l Economics of IP Rights
261-268
Provisions for Developing Countries - India Patent Protection for Pharma and AgChem Products
269-275
C
Intl Patent Prosecution Issues
275-292
Oct. 8
Trilateral Review
392-394
 
Working Requirements & Problem 3-7
298-303
 
Patent Requirements - Subject Matter - Harvard College v. Canada
313-325
L
Patent Requirements - Subject Matter
330-331
Patent Requirements - Novelty & Problem 3-12 - EPO revocation of European Patent
355-363
 
M
Oct. 10
Biopiracy
368-376
 
Exclusive Rights - Pellegrini v. Analog Devices (Fed. Cir. 2004)
400-406
 
W
Oct. 15
 
Exceptions - Canada Patent Protection of Pharmaceuticals (WTO 2000)
407-417
 
B
Guest Speaker: Ricardo Colmenter
The reading assignment for hearing the guest lecture is the 12 minute video linked in the column to the left
Oct. 17
Compulsory Licenses
418-421
 
Oct. 22
Doha Declaration/Implementation
422-434
 
 
Module 4: Trademarks and Geographical Indications (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Introduction
441-444
 
International Agreements
444-446
 
Formalities / Registration / Use & Problem 4-1
447-453
 
Oct. 24
Paris Priority - SCM Corp. v. Langis Foods (D.C. Cir. 1976)
453-459
 
C
Paris "As Is" Provision - Havana Club (WTO 2002)
459-468
 
M
Madrid System
468-474
 
Oct. 25
CTM
474-482
DHL Express France SAS v. Chronopost SA. (ECJ 2011)
482-486
 
L
Ownership - Vittoria v. Euro-Asia Imports, 278 F.3d 1076 (10th 2001)
486-492
 
W
Oct. 29
Subject Matter - OHIM v. Borco-Marken-Import Matthiesen GmbH & Co. KG (ECJ 2010)
493-497
 
B
Traffix Devices v. Marketing Displays, Inc. (U.S. 2001)
502-508
 
Koninklijke Philips v. Remington (ECJ 2002)
498-502
 
grv
Nov. 5
Generic Marks - Otokoyama v. Wine of Japan Import, 175 F.3d 266 (2d Cir. 1999)
515-521
 
C
Well Known Marks - McDonalds v. JoBurgers (Appellate Division South Africa 1997)
527-535
L
Nov. 7
Dilution
541-543
 
Levi Strauss v. Abercrombie & Fitch (9th Cir. 2011)
544-550
 
W
Empresa Cubana Del Tabaco v. Culbro (2nd Cir. 2005)
535-541
M
Nov. 12
Exceptions to Rights - KP Permanent Make-Up v. Lasting Impression (U.S. 2004)
565-570
grv
GIs - Consorzio Del Prosciutto Di Parma v. ASDA Stores Ltd. (ECJ 2003)
573-583
B
Nov. 14
Germany & Denmark v. EC Commission (ECJ Grand Chamber 2005)
584-588
 
C
Heightened Protection for Wines and Spirits
589-593
 AccessUH for course evaluation
Nov. 19
Unresolved Issues Relating to GIs
593-594
 
TRIPS/GI article
594-601
EC Protection of Trademarks and GIs for Ag Products and Foodstuffs
601-609
 
L
 
 
Module 5: Unfair Competition & Trade Secrets (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
{ no assignments for this chapter / module }
 
 
Module 6: Int'l Enforcement of Intellectual Property Rights (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Commercial Piracy
660-694
Read for general background; may not be covered fully in class
If desired, additional background specific to China is here.
Nov. 21
Measures Protecting IP in China (WTO Panel, 2009)
694-706
M
Private Enforcement
727-729
 AccessUH for course evaluation
Dec. 5
London Film v. ICI (S.D.N.Y. 1984)
729-731
W
Enforcement of Foreign Judgments
735-738
 
Sarl Louis Feraud Int'l v. Viewfinder Inc. (S.D.N.Y. 2005)
738-742
B

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Last modified on November 16, 2013, by Greg R. Vetter