International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. 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 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.
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.
Name: | International Intellectual Property |
Class # / Section #: | 6333 / 21047 |
Place: | TUII 121 |
Time: | Tuesday & Thursday, 10:30 a.m. to 11:45 p.m. (2 class sessions per week, 3 credit hours). For all regular class sessions, we will hold class until 11:50 a.m. Fifteen of these overages gain one class period to implement the Law Center's 13.5 week semester policy given for Fall 2014. The result of that policy is that there will be no class on Thursday, Dec. 4th. The other overages compensate for several (three or four) class periods where we will need to end about 15-20 minutes early due to a UH main campus obligation I have. |
UHLC Listing: | http://www.law.uh.edu/schedule/class_information.asp?cid=12934 |
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 | This course has no prerequisite, however, IP Survey in past semesters or concurrently is helpful. (Students without knowledge of intellectual property rights should expect to undertake nominal additional reading from an alternative resourse.) Please contact the instructor if you would like to explore this further. |
Grading: | The course grade will be based on an open-materials
final exam. 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 28, 2014 |
Final Exam Date/Time: | Tuesday, December 16, 2014; 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) | The last regular class day is Tuesday, Nov. 25. This class day is cancelled, and will be made up on the day given below. |
Scheduling Note: | Tuesday, Dec. 2, is not a "Tuesday" from the perspective of Law Center courses. |
Makeup for Cancelled Day(s): | Friday, September 19, at the regular class time, in the regular class room: TUII 121. |
Guest Lecture(s): | { potentially forthcoming } |
Guest Speaker Day: | { potentially forthcoming } |
These are posted on my home page at:
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.
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.
Call assignments will be either according to the Generally Applicable Syllabus, or according to the method in the paragraph below, depending on the course enrollment.
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.
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Biopiracy
article |
all
|
||||
Music
piracy article |
|||||
Introduction topics |
1-16 |
||||
Territoriality - Subafilms
v. MGM-Pathe (9th.1994) |
16-23 |
O
|
|||
Territoriality and Exhaustion of IP rights |
23-26 |
||||
Int'l Law and Treaties |
26-30 |
||||
National Treatment |
30-32 |
||||
National Treatment - Collins
v. Imtrat (ECJ 1993) |
32-36 |
T
|
|||
MFN - Havana Club WTO Appeal |
36-42 |
B
|
|||
Choice of Law - Itar-TASS
v. Russian Kurier (2nd 1998) |
42-49 |
C
|
|||
Int'l Institutions |
50-66 |
||||
Recent Developments in Int'l IP |
66-77 |
||||
Overview of U.S. IP Laws |
77-83 |
||||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Introduction |
84-92 |
||||
Points of Attachment & Natl Treatment
(probs 2-2; 2-3) |
93-99 |
M
|
|||
Berne Retroactivity |
104-107 |
||||
Dam Things v. Russ
Berrie & Co. (3d 2002) |
107-115 |
O
|
|||
Berne Prohibition on Formalities (probs
2-5; 2-7) |
100-104 |
popular commentary on the Orphan Works Act of 2008 |
T
|
||
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
|
||
Problem 2-12 |
146-147 |
||||
Exclusive Rights |
165-174 |
||||
Problem 2-14 |
165-166 |
||||
Problem 2-15 |
171 |
||||
China - WTO Panel Report (2009) |
174-180 |
M
|
|||
Infopaq Intl. v. Danske Dagblades Forening (EU Ct. of Justice, 2010) |
180-184 |
O
|
|||
Exceptions to Exclusive Rights |
184-187 |
||||
U.S. Sec. 110(5)
of U.S. Copyright Act - WTO Panel Report |
187-197 |
T
|
|||
Exceptions to Exclusive Rights - Approaches |
197-199 |
||||
Copyright Term - Berne Rule of Shorter
Term |
203-206 |
||||
Problems 2-18 through 2-20 |
206-208 |
B
|
|||
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 |
C
|
|||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Introduction |
252-261 |
||||
Maskus - Lessons
from Studying the Int'l Economics of IP Rights |
261-268 |
||||
Provisions for Developing Countries -
India Patent Protection for Pharma and AgChem
Prodcuts |
269-275 |
M
|
|||
Patent Requirements - Subject Matter - Harvard College v. Canada |
313-325 |
O
|
|||
Patent Requirements - Subject Matter |
330-331 |
||||
Intl Patent Prosecution Issues |
275-292 |
||||
Trilateral Review |
392-394 |
||||
Patent Requirements - Novelty & Problem
3-12 - EPO revocation of European Patent |
355-363 |
T
|
|||
Biopiracy |
368-376 |
||||
Exclusive Rights - Pellegrini
v. Analog Devices (Fed. Cir. 2004) |
400-406 |
B
|
|||
C |
|||||
Working Requirements & Problem 3-7 |
298-303 |
||||
Exceptions - Canada
Patent Protection of Pharmaceuticals (WTO 2000) |
407-417 |
M
|
|||
Compulsory Licenses |
418-421 |
||||
Doha Declaration/Implementation |
422-434 |
||||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Introduction |
441-444 |
||||
International Agreements |
444-446 |
||||
Formalities / Registration / Use &
Problem 4-1 |
447-453 |
||||
Paris Priority - SCM
Corp. v. Langis Foods (D.C. Cir. 1976) |
453-459 |
O
|
|||
Paris "As Is" Provision - Havana
Club (WTO 2002) |
459-468 |
T
|
|||
Madrid System |
468-474 |
||||
CTM |
474-482 |
||||
DHL Express France SAS
v. Chronopost SA. (ECJ 2011) |
482-486 |
B |
|||
Ownership - Vittoria
v. Euro-Asia Imports, 278 F.3d 1076 (10th 2001) |
486-492 |
C
|
|||
Subject Matter - OHIM v. Borco-Marken-Import Matthiesen GmbH & Co. KG (ECJ 2010) |
493-497 |
M
|
|||
Traffix Devices
v. Marketing Displays, Inc. (U.S. 2001) |
502-508 |
O |
|||
Koninklijke
Philips v. Remington (ECJ 2002) |
498-502 |
T
|
|||
Generic Marks - Otokoyama
v. Wine of Japan Import, 175 F.3d 266 (2d Cir. 1999) |
515-521 |
B
|
|||
Well Known Marks - McDonalds
v. JoBurgers (Appellate Division South Africa 1997) |
527-535 |
C
|
|||
Dilution |
541-543 |
||||
Levi Strauss v. Abercrombie & Fitch (9th Cir. 2011) |
544-550 |
M
|
|||
Empresa Cubana Del
Tabaco v. Culbro (2nd Cir. 2005) |
535-541 |
O
|
|||
Exceptions to Rights - KP
Permanent Make-Up v. Lasting Impression (U.S. 2004) |
565-570 |
T
|
|||
GIs - Consorzio
Del Prosciutto Di Parma v. ASDA Stores Ltd. (ECJ 2003) |
573-583 |
B
|
|||
Germany & Denmark
v. EC Commission (ECJ Grand Chamber 2005) |
584-588 |
C
|
|||
Heightened Protection for Wines and Spirits |
589-593 |
||||
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 |
M
|
|||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
{ no assignments for this chapter / module } |
|||||
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. |
|||
Measures Protecting IP in China (WTO Panel, 2009) |
694-706 |
O
|
|||
Private Enforcement |
727-729 |
||||
London Film
v. ICI (S.D.N.Y. 1984) |
729-731 |
T
|
|||
Enforcement of Foreign Judgments |
735-738 |
||||
Sarl Louis Feraud Int'l
v. Viewfinder Inc. (S.D.N.Y. 2005) |
738-742 |
C
|
|||
{ end of assignments } |
|||||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
Last modified on November 13, 2014, by Greg R. Vetter