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Audience This seminar has been designed for those who do not possess a particular expertise in the area but are working within an environment where intellectual property issues arise including : - In-house lawyers
- Commercial managers
- Lawyers in private practice
- Business development managers
Course Outline DAY ONE PART 1 - GENERAL AND INTERNATIONAL Introduction to international intellectual property law - Survey of general principles of IPRs
- Unilateral, bilateral and multilateral pressures and agreements
- World Intellectual Property Organisation (WIPO)
- Trade Related Aspects of Intellectual Property Agreement (TRIPS) and the World Trade Organisation (WTO)
- US trade measures
- Enforcement issues
- Intellectual property and European community law
- Relationship between intellectual property rights and competition law, especially in Europe
Case study: An overview of intellectual property rights PART 2 - TRADE SECRETS AND PROTECTION OF UNDISCLOSED INFORMATION Confidential information - International obligations
- General principles
Case study - trade secrets: employers, employees and ex-employees PART 3 - PATENTS AND RELATED RIGHTS Introduction to the general principles of patent law - Patentable subject matter (including patentability of
- software and business methods)
- Novelty, inventive step, industrial applicability,sufficiency
- Exploitation of patents
The scope of patent protection - Claim construction
- Infringement
- Defences, including scope for experimental use and research by competitors
Case study: ownership of employees' inventions and employers' shop rights DAY TWO International developments in patent law and practice Patenting of life forms and biological materials - European Biotechnology Directive
- Genes and sequence claims
- Plant breeders' rights
- Ethical dimensions
Case study: biotechnology PART 4 - COPYRIGHT AND RELATED RIGHTS Copyright in its international context - Berne, Rome and more recent Conventions
- The European harmonisation process
General principles of copyright law - Basic principles
- Copyright works and related subject matter
- Originality
- Nature of authorship
- Economic rights
The scope of copyright protection - Infringement :
- Defences, execptions and limitations
- Moral rights in civil law and common law systems
Case study: assignments, licences, commissioned works and moral rights Databases and the database right - The Feist decision in the USA
- The European Database Directive
- International and US developments
DAY THREE Case study: copyright, cyberspace and the Internet PART 5 - DESIGNS Methods of protection of designs - International obligations
- Registration systems
- The copyright/designs interface
- EU Design Regulation and Directive
PART 6 - UNFAIR COMPETITION Unfair competition - The concept of unfair competition in international treaties; unfair competition in US, common law and civil law jurisdictions
- WIPO unfair competition model law
Case study: lookalikes PART 7 - REGISTERED TRADE MARKS International dimensions - Paris Convention
- Madrid Agreement and Protocol
- Community Trade Mark
General principles - Criteria for registration, including registrability of shapes
- Scope of protection for trade marks: traditional and recent developments in Europe and the USA
- Well-known marks
- Domain names
Case study: parallel imports
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