Intellectual Property And Unfair Competition

Timetable

Module aim (aims)

Understanding the main principles of overlapping intellectual property rights. Understanding different forms of Protection of IP rights and interfaces between them. Knowledge of fair behaviour on the market and delicts of unfair competition. Practical 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)

Basic 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 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 IndicationsWeek. 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.intwww.oami.europa.euwww.epo.orgwww.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, 2013

A. Kur, T. Dreier, European Intellectual Property Law, Text, Cases and Materials, 2013

N. 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 presentation