International Intellectual Property, Spring 2015

(Texas A&M University School of Law)

Course Objectives and Learning Outcomes

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. This course covers international intellectual property ("IP") law from the following perspectives: (i) international public law, that is, the obligations that exist among sovereign countries and what systems of obligation exist for intellectual property protection; (ii) private international intellectual property law, that is, the acquisition and enforcement of intellectual property rights internationally, such as rights arising under a counties’ patent law, copyright law, or trademark law; and, to a lesser degree, (iii) comparative aspects of IP law among the major trading countries or regions of the world. The course will impart understanding in these areas using materials such as treaties, cases and commentary, and will focus on the major international systems related to each substantive IP area.

Class Schedule and Other Information

Name: International Intellectual Property
Course # / Section #: LAW-7900-604 / CRN 26332
Place: Room 216
Time: Tuesday & Thursday, 9:00 a.m. to 10:15 p.m. (2 class sessions per week, 3 credit hours).
Professor: Greg R. Vetter; gvetter@uh.edu; cell: 713-213-0360; http://www.law.uh.edu/faculty/gvetter
Office Hours at Texas A&M School of Law:
Tues. and Thurs.: 10:30 a.m. to 1:00 p.m. while classes are in session; or by appointment.
 
Required Text: Daniel Chow & Edward Lee, International Intellectual Property: Problems, Cases, And Materials (2nd ed. 2012)
Supplement?: There is no requirement to purchase a statutory supplement.

Certain documents may be assigned from time to time from sources other than the casebook. These documents will be provided via links in the class assignment table below or in a separate page of class links. Paper copies of these documents will typically not be provided in class, so students should plan to print them or review them electronically.
Prerequisites: This course has no prerequisite, however, IP Survey in past semesters or concurrently is helpful.
Grading: The course grade will be based on an open-materials final exam given at the time and date as scheduled by the School of Law.
My assessment of your in-class participation performance will not be a component of your grade.
Brief Description of Coverage: This class will meet in two 1.5 credit-hour blocks each week. The coverage goal is approximately twenty to thirty pages per block. Assignments will be detailed in the table below as the semester progresses.
 
Absences Limit: Attendance will be taken via a roll sheet passed throughout the class each session.
Attendance policy is as stated in the Spring 2015 Registration Procedures, Course Listings, and Final Exam Schedule, Revised 11-25-14, page 7-8.
Law School Disability Policy: Texas A&M School of Law adheres to a disability policy that is in keeping with relevant federal law. The law school will provide reasonable accommodations as determined by the Assistant Dean of Student Affairs, Rosalind Jeffers, in consultation with the University’s disability services. Students must notify Dean Jeffers of any permanent or temporary disabilities and must provide documentation regarding those disabilities prior to the granting of an accommodation. Due to the law school’s policy of testing anonymity, students should not discuss their disabilities with professors. For assistance, students should consult with Dean Jeffers.
 
Final Exam Date/Time: Monday, May 4, 2 p.m. CST { room forthcoming }
Final Exam Information: click here for the Final Exam page.
First day/week's assignment: Read this course web page and the assignments detailed in the table below for the first day/week of class.
 
Class Evaluation Day { forthcoming }
Audio Recording of Class Sessions I will audio tape the class sessions using a portable recorder attached to my person and post links to the audio tracks on the class web site for the sole and limited educational purpose of allowing students to stream the recorded sessions to review or to enable students who missed a class to hear the class presentation. Any audio tracks created will be deleted and destroyed shortly after the final exam for the class. Since I call on students, there is a chance that your contributions to class discussion, whether voluntary or while on call, may be included in the audio recording. Your continued registration in this class indicates your acquiescence to any such incidental recording for the purposes described above unless, if you have concerns about this, you come speak with me as soon as possible but in no event later than the first day of the second week of class.
Cancellation Day(s)

None presently known.

Makeup for Cancelled Day(s):

Likely none.

Guest Lecture(s): { potentially forthcoming }
Guest Speaker Day: { potentially forthcoming }
Texas A&M Honor System:

http://aggiehonor.tamu.edu/RulesAndProcedures/HonorSystemRules.aspx

Aggie Honor Code: "An Aggie does not lie, cheat or steal, or tolerate those who do."

Statement on Professionalism: “What is professionalism? ‘Professionalism is conduct consistent with the tenets of the legal profession as demonstrated by a lawyer's civility, honesty, integrity, character, fairness, competence, ethical conduct, public service, and respect for the rule of law, the courts, clients, persons who work within the legal profession, witnesses, and unrepresented parties.’”

Contact Information and Office Hours

These are also posted on my home page at:

www.law.uh.edu/faculty/gvetter/

Course Materials Links by Category

The links below are for general reference and may be used for some class assignments. These links may be updated nearer the beginning of the course.

Int'l IP Law & Institutions

Other Int'l Materials

General Relevant US Law Materials

Patent & Industrial Property

Copyright & Neighboring Rights

Trademark

Course Coverage Table

The tables immediately below provide the detailed assignments for this course. They also may provide links to materials for each class and other items related to the course. In order to allow flexibility in the course, assignments beyond those posted for the next week are subject to change; therefore, students who may wish to read ahead are urged to contact the professor before doing so. The rate of progress through the modules depends on the class dynamics.

Class presentation slides are provided as links below in association with each module title. I will generally have the slides available a few days before a class. If students want hardcopy of the slides for use during class, please download and print the linked slides file.

After each class session, the class date will become a hyperlink to the audio for that class.

Case names are listed in the table below as assignments. Sometimes there are several paragraphs of introduction before the case when the case is the lead case in a new subheading in the book. These introductory paragraphs are part of the assignment and should be read along with the case.

The casebook makes liberal use of "problems" - which in many cases are fact patterns adopted from actual cases. The problems' purpose is to illustrate twists in doctrine and provide additional context. When a problem is included in the assigned reading, there is no reason to write out an answer to the problem. Rather, it is sufficient to think about the problem and if desired make a few notes. Problems in the assigned reading may be the focus of class discussion, but will not always be touched upon in class.

Case names are listed in the table below as assignments.

Call assignment for cases is by individual using the first letter of the last name, proceeding alphabetically most of the time. In some instances, multiple persons share the same first letter of the last name, in which case a number indicates who the person is based on alphabetical order. If a person assigned to a case does not appear for a class session, I will look for volunteers. Adjustment of individual case assignments may occur up to mid-evening (around 7 p.m.) of the night before class.

Students should e-mail me if they will not attend in order for this system to work well.

Module 1: Introduction (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Biopiracy article
Amazon Biotech Center
all
Jan. 13
Music piracy article
 
Introduction topics
1-16
 
Territoriality - Subafilms v. MGM-Pathe (9th.1994)
16-23
 
Ga
Jan. 15
Territoriality and Exhaustion of IP rights
23-26
 
Jan. 20
Int'l Law and Treaties
26-30
 
National Treatment
30-32
 
National Treatment - Collins v. Imtrat (ECJ 1993)
32-36
 
Gr
Jan. 22
MFN - Havana Club WTO Appeal
36-42
 
Hog
Jan. 27
Choice of Law - Itar-TASS v. Russian Kurier (2nd 1998)
42-49
 
Hor
Int'l Institutions
50-66
 
Jan. 29
Recent Developments in Int'l IP
66-77
 
Overview of U.S. IP Laws
77-83
 
 
Module 2: Copyright & Neighboring Rights (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Introduction
84-92
 
Feb. 3
Points of Attachment & Natl Treatment (probs 2-2; 2-3)
93-99
 
J
Berne Retroactivity
104-107
 
Dam Things v. Russ Berrie & Co. (3d 2002)
107-115
 
Ga
Feb. 5
Berne Prohibition on Formalities (probs 2-5; 2-7)
100-104
popular commentary on the Orphan Works Act of 2008 
Gr
Points of Attachment & Natl Treatment - Neighboring Rights (prob. 2-9)
115-122
 
Feb. 10
Bruce Springsteen & His Band (Sup. Ct. Germany 1998)
122-125
 
Hog
Problem 2-10
125
 
Ownership and Transfer
125-129
 
Subject Matter
129-132
 
Databases
144-150
 
British Horseracing Board v. William Hill Org. (ECJ 2004)
150-156
the case on its return to England in 2005
Hor
Feb. 12
Problem 2-12
146-147
 
Feb. 17
Exclusive Rights
165-174
 
Problem 2-14
165-166
 
Problem 2-15
171
 
China - WTO Panel Report (2009)
174-180
 
J
Infopaq Intl. v. Danske Dagblades Forening (EU Ct. of Justice, 2010)
180-184
Ga
Feb. 19
Exceptions to Exclusive Rights
184-187
 
U.S. Sec. 110(5) of U.S. Copyright Act - WTO Panel Report
187-197
 
Gr
Exceptions to Exclusive Rights - Approaches
197-199
(class on Tues., Feb. 24 is cancelled due to weather, with TAMU Law not opening until 10:00 a.m. on Feb. 24; a makeup will be scheduled)
Feb. 26
Copyright Term - Berne Rule of Shorter Term
203-206
 
Problems 2-18 through 2-20
206-208
 
Hog
EU Copyright Term Directive & Problem 2-21
208-213
 
Moral Rights - Huston v. Turner Entertainment
213-215
Moral Rights article - Dietz
215-223
 
Gilliam v. ABC (2d 1976)
223-231
 
Gr
 
Module 3: Patents (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Introduction
252-261
 
Mar. 3
Maskus - Lessons from Studying the Int'l Economics of IP Rights
261-268
Provisions for Developing Countries - India Patent Protection for Pharma and AgChem Products
269-275
J
Patent Requirements - Subject Matter - Harvard College v. Canada
313-325
Ga
Patent Requirements - Subject Matter
330-331
3/16/15 is a monday makeup class for the class missed on 2/24/15 (weather), held at the same time as a regular class session, but in Room Lib51
Mar. 16
Intl Patent Prosecution Issues
275-292
Trilateral Review
392-394
 
Patent Requirements - Novelty & Problem 3-12 - EPO revocation of European Patent
355-363
 
Biopiracy
368-376
 
Exclusive Rights - Pellegrini v. Analog Devices (Fed. Cir. 2004)
400-406
 
Hog
Mar. 17
Working Requirements & Problem 3-7
298-303
 
Exceptions - Canada Patent Protection of Pharmaceuticals (WTO 2000)
407-417
 
J
Compulsory Licenses
418-421
 
Mar. 19
Doha Declaration/Implementation
422-434
 
 
Module 4: Trademarks and Geographical Indications (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Paris Priority - SCM Corp. v. Langis Foods (D.C. Cir. 1976)
453-459
 
Hor
Introduction
441-444
 3/23/15 is a monday makeup class for the class missed on 3/5/15 (weather), held at noon in room 206.
Mar. 23
International Agreements
444-446
 
Formalities / Registration / Use & Problem 4-1
447-453
 
Paris "As Is" Provision - Havana Club (WTO 2002)
459-468
 
Ga
Madrid System
468-474
 
CTM
474-482
Mar. 24
DHL Express France SAS v. Chronopost SA. (ECJ 2011)
482-486
Gr
Ownership - Vittoria v. Euro-Asia Imports, 278 F.3d 1076 (10th 2001)
486-492
 
Hor
Subject Matter - OHIM v. Borco-Marken-Import Matthiesen GmbH & Co. KG (ECJ 2010)
493-497
 
Hog
Mar. 26
Traffix Devices v. Marketing Displays, Inc. (U.S. 2001)
502-508
 
Hor
Koninklijke Philips v. Remington (ECJ 2002)
498-502
 
J
Mar. 31
Generic Marks - Otokoyama v. Wine of Japan Import, 175 F.3d 266 (2d Cir. 1999)
515-521
 
Ga
Well Known Marks - McDonalds v. JoBurgers (Appellate Division South Africa 1997)
527-535
Gr
Dilution
541-543
 
Levi Strauss v. Abercrombie & Fitch (9th Cir. 2011)
544-550
 
Hog
Apr. 2
Empresa Cubana Del Tabaco v. Culbro (2nd Cir. 2005)
535-541
Hor
Apr. 7
Exceptions to Rights - KP Permanent Make-Up v. Lasting Impression (U.S. 2004)
565-570
J
GIs - Consorzio Del Prosciutto Di Parma v. ASDA Stores Ltd. (ECJ 2003)
573-583
Ga
Germany & Denmark v. EC Commission (ECJ Grand Chamber 2005)
584-588
 
Gr
Apr. 9
Heightened Protection for Wines and Spirits
589-593
 
Apr. 14
Unresolved Issues Relating to GIs
593-594
 
TRIPS/GI article
594-601
EC Protection of Trademarks and GIs for Ag Products and Foodstuffs
601-609
 
Hog
 
 
Module 5: Unfair Competition & Trade Secrets (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
{ no assignments for this chapter / module }
 
 
Module 6: Int'l Enforcement of Intellectual Property Rights (slides)
Assignment Page(s) Comment/Notes
Student
Date
{resv}
Commercial Piracy
660-694
Read for general background; may not be covered fully in class
If desired, additional background specific to China is here.
Apr. 16
Measures Protecting IP in China (WTO Panel, 2009)
694-706
Hor
Private Enforcement
727-729
 
London Film v. ICI (S.D.N.Y. 1984)
729-731
J
Apr. 21
Enforcement of Foreign Judgments
735-738
 
Sarl Louis Feraud Int'l v. Viewfinder Inc. (S.D.N.Y. 2005)
738-742
Ga
Exhaustion & Gray Market Goods
742-744

 

Trademark Exhaustion - IHT Int'l Heinztechnik v. Ideal Standard (ECJ 1994)
744-751

 

Gr
K-Mart v. Cartier (1988)
751-755

 

Hog
Lever Bros. v. U.S. (D.C. Cir. 1993)
755-759

 

Hor
Apr. 23
Copyright Exhaustion - Kirtsaeng v. John Wiley (2013)

read pages 5 to 37 (these are the page numbers of the .pdf file)

J

 

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Last modified on April 21, 2015, by Greg R. Vetter