Winter 2014 Class Descriptions
As of 8/3/2015 5:07:29 AM
International Intellectual Property
Intellectual property law is territorial, based on rights granted by national law. Yet political and economic interaction are increasingly global. The growth of a global digital networked environment has had a profound effect on markets, while conflict between developed and developing countries on social and economic fronts has expanded the role of intellectual property in cross-border litigation, licensing, and diplomatic initiatives.
This course will consider important contemporary topics in intellectual property law in an international context. We will consider international IP issues that arise in domestic courts, including conflict of laws, jurisdiction, parallel imports, and enforcement of foreign judgments. We will take note of the principal multilateral IP treaties and international dispute resolution regimes, recent bilateral and regional treaties, emerging softlaw governance modalities, and the possible conflicts between governance by trade agreements and governance by traditional law. We will consider whether territoriality is giving way to extraterritorial applications or to harmonization in some areas, and the possible impacts of these developments upon IP regimes and economic activity.
This is an advanced intellectual property course that assumes some prior knowledge of the structure of intellectual property regimes. Students who have taken copyright, patents, or trademarks are eligible, and students who have acquired knowledge of IP regimes outside of law course work may also be admitted to the course.