Intellectual Property And Unfair Competition

Timetable

Tuesday 15:45-17:15; room 4.14

Collegium Iuridicum  Novum. Address: Al. Niepodległości 53, Poznań

Module aim (aims)

Understanding the main principles of overlapping intellectual property rightsUnderstanding different forms of Protection of IP rights and interfaces between themKnowledge of fair behaviour on the market and delicts of unfair competitionPractical knowledge of the possible forms of cumulative protection and measures aimed at combating the unfair competition

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

The knowledge of Intellectual Property Law. Student should know and understand the main principles of IP Law. Student 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 problemsWeek 2 An Overlap between Copyright and Industrial Property LawWeek 3 An Overlap between Patents/Utility ModelsWeek 4 An Overlap between Designs/Utility Models/TrademarksWeek 5 An Overlap between Designs/Trademarks/Geographical IndicationsWeek 6 Introduction to the Unfair Competition Law in Europe and PolandWeek 7 The Fair Designation of the Entrepreneurs (Misidentification)Week 8 The Fair Designation of ProductsWeek 9 The Protection of Undisclosed Know-how and Business Information against their Unlawful Acquisition, Use and DisclosureWeek 10 Unfair Interference with Prospective and Existing Contractual RelationsWeek 11 The Fair AdvertisementWeek 12 Trademarks and Unfair Competition LawWeek 13 Claims based on Unfair Competition LawWeek 14 IP rights and Unfair Competition LawWeek 15 Exam and Summary.

Reading list

The selected legal acts and cases of the European and US Courts. Web pages :www.wipo.intwww.oami.europa.euwww.epo.orgwww.wto.org Books :Intellectual Property Handbook: Policy, Law and Use, WIPO Publication No.489Other publications of WIPO (available in e-version)J.C. Ginsburg, J. Litman, M. Kevlin, Trademark and Unfair Competition Law: Cases and Materials, 2013A. Kur, T. Dreier, European Intellectual Property Law, Text, Cases and Materials, 2013N. Wilkof, S. Basheer, Overlapping Intellectual Property Rights, 2012 Articles :The students are obliged to read articles/chapters of the books before every lecture. The articles will be given to students a week before every lecture. Judgments :The students are obliged to read judgments of the Courts. The judgments will be discussed during the lecture. Powerpoint presentations :After each lecture the students will get the Powerpoint presentations. 6. Information on the use of blended-learning (if relevant)7. Information on where to find course materialsInternet, Library of the Faculty