(in Polish) Seminarium specjalizacyjne (proseminarium) - Współczena własność intelektualna. Prawo i praktyka. 2200-1F168
Within the seminar, the most important issues for individual intellectual property rights will be discussed, focusing primarily on current interpretations of the scope of protection of these rights. The analysis of the content of individual rights will focus on their limitations in order to show the relationship between protected exclusivity and the permitted actions of third parties. The examples discussed during the classes will help students understand the essence and significance of intellectual property rights protection, as well as the impact of these rights on the functioning of societies and economies.
The classes will deepen the knowledge acquired in the lecture "Law on Intangible Goods" through concrete examples of the practical functioning of the intellectual property rights discussed in the lecture, as well as by presenting entirely new issues in the field of intellectual property. Participants will have the opportunity to become acquainted with key, current issues in the protection of intellectual property rights. During the classes, judgments of the Court of Justice of the European Union (CJEU) and national court rulings are used.
Within the seminar, the most important issues for individual rights affecting current interpretations of the scope of protection of these rights will be discussed. The analysis of the content of individual rights will focus primarily on their content and limitations in order to show the relationship between protected exclusivity and the permitted actions of third parties. The examples discussed during the classes will help students understand the essence and significance of intellectual property rights protection, as well as the impact of these rights on the functioning of societies and economies. The classes will deepen the knowledge acquired in the lecture "Law on Intangible Goods" and will supplement the knowledge provided in the module "Intellectual Property Law and Intangible Goods."
Sample topics that may be discussed during the classes:
1. Does intellectual property protection make sense in the age of artificial intelligence?
2. The impact of modern technologies on the content and exercise of individual intellectual property rights.
3. Does intellectual property law, by promoting rights holders, properly balance the interests of users? The significance of the principle of proportionality in intellectual property law, using examples of individual intellectual property rights.
4. Am I infringing or not? When does encroachment on the exclusivity of an intellectual property rights holder constitute infringement? Permitted use and limitations of intellectual property rights.
5. Exhaustion – an inexhaustible source of doubt. The free movement of goods and intellectual property law.
6. Enforcement of intellectual property rights – do the special protective measures introduced by Directive 2004/49 help rights holders?
7. One good – many intellectual property rights. Does the overlap of different protection regimes serve economic transactions?
8. Do rights holders abuse their rights? What does the concept of abuse of intellectual property rights mean?
9. Controversies surrounding patenting.
10. Trade secrets – a new exclusive right?
11. The trademark – an underestimated instrument of market power.
12. Why isn’t sparkling wine champagne? About cheeses, alcohols, and more – the concept of protection of geographical indications.
13. Rights holders and users – does copyright limit freedom of expression and artistic creativity?
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
After completing the classes, the student should know the most important problems that arise in connection with the functioning of intellectual property rights protection systems. The student will understand the significance of these rights for social development, while also recognizing the inherent limitations associated with this system. The student should also be able to apply the acquired knowledge, understanding its practical impact, and navigate the legal acts that make up the intellectual property law system. The aim of the classes is also to familiarize students with the role played by EU legislation and the case law of the Court of Justice of the European Union in the field of intellectual property law. An important educational outcome is also the acquisition of skills in critical analysis of intellectual property law norms and the practical use of doctrinal achievements and case law.
Assessment criteria
The assessment takes into account the student’s activity during classes, the degree of preparation, and any additional activity involving the presentation of specific issues.
Practical placement
None
Bibliography
The relevant materials will be provided during the classes on an ongoing basis.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: