Intellectual Property Protection in EU 2105-EPE-L-D6IPPE
The objective of the course is to discuss in legal and economic context the main areas of EU intellectual property law, including a discussion of the wider context and effects of harmonisation at EU level and areas requiring further legislative work. Among the specific subjects, the course includes a discussion of individual pieces of EU law and the role of CJEU case law in the field of interpretation and the so-called 'hidden harmonisation' of EU intellectual property. Among the main perspectives of the lecture content, attention will be paid to the growing importance of EU legislation, which dictates that the EU law should be treated as a field gaining an increasingly strong position in relation to national intellectual property systems. The lectures will present the sphere of the main areas of substantive EU intellectual property law, situated both in the context of the EU legal system and international intellectual property law (WIPO and WTO/TRIPS). The various areas already harmonised at EU level and further projects for the approximation of Member States' legislation at EU law level are discussed.
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
Knowledge:
the graduate knows and understands the basic legal and ethical norms constituting and regulating European social and economic structures and institutions, including the law on the protection of intellectual property and the sources of these norms, their specificity, evolution and impact on human behavior.
After passing the course, the student is able to identify the basic institutions of intellectual property law, regulated by copyright law, industrial property law, as well as the protection of intellectual property in other legal provisions, including those on combating unfair competition. The student is able to determine the legal status in the area of European Union intellectual property regulation, including areas subject to harmonization and the most important projects in this area. The student is also able to indicate the specificity of intellectual property regulation in the context of the principles of Community law, including the free movement of services and goods (K_W07).
Skills:
After completing the course, the student knows the EU institutions responsible for managing the area of intellectual property law, including the sources of legal provisions and the case law of the Court of Justice of the European Union, and understands the essence of the legal framework constituting the legal status of the regulation of intellectual property law in the European Union. He is able to determine the role of the Court of Justice of the EU in the area of harmonization of interpretation the EU intellectual property law. The student is able to indicate the essence of the processes taking place in the area of harmonization of EU law, its relationship to the acts of international intellectual property law managed by the World Intellectual Property Organization and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The student is also able to analyze the reasons and goals of creating legal institutions, in particular their political, economic goals and those resulting from conditions dependent on the international politics (K_K05).
Social skills:
After passing the course, the student understands the essence of the processes that make up the European Union's intellectual property law system. Understands the dependence of the processes of creating Community law on the assumptions of economic and social policies implementing the protection of intellectual property of individual member states and international organizations managing the global system of intellectual property protection. The student knows the issues of gradual harmonization of copyright and related rights as a result of the functioning of the single market within the EU and the basic problems of industrial property law and protection of fair competition (K_U02).
Assessment criteria
Written Exam/Test
Bibliography
Rochelle Dreyfuss (ed.), Justine Pila (ed.), The Oxford Handbook of Intellectual Property Law, OUP 2017,
Graham Dutfield and Uma Suthersanen Global Intellectual Property Law, Edward Elgar Publishing 2008
Annette Kur, Thomas Dreier, Stefan Luginbuehl, European Intellectual Property Law: Text, Cases and Materials, Edition 2, Edward Elgar Publishing, 2019
Helena Żakowska-Henzler, Rynek wewnętrzny Unii Europejskiej a prawo własności intelektualnej. Tom XXIII, Warszawa 2013
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: