Intellectual Property And Unfair Competition

Timetable

Module aim (aims)

To understand the main principles of overlapping intellectual property rights.
To understand the different forms of IPR protection and the links between them.
To gain an understanding of fair market conduct and acts of unfair competition.
To gain a practical knowledge of possible forms of cumulative protection and measures to combat unfair competition.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Basic knowledge of Civil Law and Intellectual Property Law.

Students should know and understand the main principles of IP Law.

Students should know and understand major differences between different intangible goods and IP rights.

Students need to have skill at reading and understanding legal acts and judgements of the courts.

Syllabus

Week 1 The concept of Overlap between IP rights. Main problems.

Week 2 An Overlap between Copyright and Industrial Property Law.

Week 3 An Overlap between Patents/Utility Models.

Week 4 An Overlap between Designs/Utility Models/Trademarks.

Week 5 An Overlap between Designs/Trademarks/Geographical Indications

Week. 6 Introduction to the Unfair Competition Law in Europe and Poland.

Week 7 The Fair Designation of the Entrepreneurs (Misidentification).

Week 8 The Fair Designation of Products.

Week 9 The Protection of Undisclosed Know-how and Business Information against their Unlawful Acquisition, Use and Disclosure.

Week 10 Unfair Interference with Prospective and Existing Contractual Relations.

Week 11 The Fair Advertisement.

Week 12 Trademarks and Unfair Competition Law.

Week 13 Claims based on Unfair Competition Law.

Week 14 IP rights and Unfair Competition Law.

Week 15 Exam and Summary.

Reading list

The selected legal acts and cases of the European and US Courts.

Web pages : www.wipo.int; www.oami.europa.eu; www.epo.org; www.wto.org

Books :Intellectual Property Handbook: Policy, Law and Use, WIPO Publication No.489 and other publications of WIPO (available in e-version)

J.C. Ginsburg, J. Litman, M. Kevlin, Trademark and Unfair Competition Law: Cases and Materials.

A. Kur, T. Dreier, European Intellectual Property Law, Text, Cases and Materials.

N. Wilkof, S. Basheer, Overlapping Intellectual Property Rights.

Articles: Students will be required to read articles/book chapters etc. before each lecture. Articles will be given to students one week before each lecture.

Judgements: Students will be required to read the judgements of the courts. The judgments will be discussed during the lecture.

Powerpoint presentations : After each lecture students will get the Powerpoint presentation