(Texas A&M University School of Law)
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.
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.’” |
These are also posted on my home page at:
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.
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.
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 |
||||
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
|
|||
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 |
||||
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
|
|||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
---|---|---|---|---|---|
{ no assignments for this chapter / module } |
|||||
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
|
|||
|
|||||
{ end of assignments } |
|||||
Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
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Assignment | Page(s) | Comment/Notes | Student |
Date |
{resv} |
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Last modified on April 21, 2015, by Greg R. Vetter