Intellectual Property Protection 2200-3B020
I. Introduction to Intellectual Property.
Economic and social importance of intellectual property in the modern world (information society, knowledge based economy).
Intellectual Property in the system of law. Intellectual property and activities of public administration.
Intangible goods – the notion and characteristics.
Intellectual property rights vis-à-vis property (of tangibles): method of protection – absolute subjective rights, limited appropriation of intangibles, limitations in time and territoriality, priority to protection.
Basic rules of international protection of intellectual property: leading treaties, intellectual property in the EU law.
II. Copyright.
A work as a subject matter of copyright: requirements for protection, protected elements, categories of works, including works most relevant in public administration activities.
Copyright holder – author and other rightholders. Copyright and employment.
The scope of copyright: moral rights and economic rights; fields of exploitation, the term of protection.
III. Copyright (part 2).
Allowed use (exceptions and limitations).
Protection of image and communications.
Exercise of rights: copyright contracts, collecting societies.
Enforcement of copyright; digital rights management.
Criminal provisions: plagiarism, piracy.
IV. Neighbouring rights.
Neighbouring rights vis-à-vis copyright.
Protection of artistic performances, phonograms and videogrames, broadcasts and certain editions: protected subject matters, rightholders, scope of rights and terms of protection.
Sui generis protection of data bases: the subject matter, rightholder, scope and term of protection.
V. Protection of inventions, utility models and industrial designs.
An invention – definition, types of inventions, exceptions to patentability.
Entitlement to file a patent application. Procedure of registration.
A patent: scope of a right, term of protection, limitations, patent contracts.
Utility models – the outline.
Industrial designs: the notion, procedure of registration, a right to a registered design.
Designs in the EU law.
Protection of integrated circuits.
VI. Protection of trademarks and geographic indications.
Trademark: definition, functions, types, grounds for refusal of protection.
Right to a trademark: priority, application and procedure of registration, scope of the right, limitations, duration of protection, revocation and invalidity.
Trademark contracts.
Trademarks in the EU law.
Geographical indications: sources of law (treaties, EU law, Polish law).
Definition of a geographical indication, regional names and appellations of origin.
The right in registration: grant – procedure of registration, scope of the right, revocation and invalidity.
Enforcement of industrial property rights.
Competent organs in industrial property rights. Patent attorneys.
VII. Protection against unfair competition. Conclusions of the course.
Protection against unfair competition: relation to intellectual property rights, antitrust law, and consumer protection; protected interests; the method of protection.
Torts of unfair competition: general clause, named torts.
Indirect protection of intangibles?
Enforcement of the protection against unfair competition.
Conclusions of the course: intellectual property – perspectives of development.
Type of course
Mode
Learning outcomes
After completion of the course student:
- recognizes subject matters of intellectual property rights, with differentiation between copyright and industrial property rights,
- explains who holds copyright, neighbouring rights and industrial property rights,
- presents the scope of copyright, neighbouring rights and industrial property rights, and their terms of protection,
- analyses most important exceptions and limitations, in particular those relevant in public administration,
- analyses basic elements of intellectual property agreements, recognizes types thereof, requirements of validity, legal consequences; applies basic rules of drafting such agreements;
- presents measures of intellectual property enforcement;
- explains rules of granting the protection of copyright and neighbouring rights, on the one hand, and of industrial property rights, on the other; presents formal requirements of protection of certain industrial property rights;
- recognizes basic rules of the protection against unfair competition, its role in protecting of intangibles; presents the most important torts of unfair competition;
- recognizes basic rules of international protection of intellectual property rights and generally explains the role of the EU law for protection of intellectual property.
Assessment criteria
Written or oral exam. The scope of the matter covered by the lecture.
Bibliography
M.Poźniak-Niedzielska, J.Szczotka, M.Mozgawa, Prawo autorskie i prawa pokrewne. Zarys wykładu, ed. M.Poźniak-Niedzielskiej, Bydgoszcz-Warszawa-Lublin 2007;
J.Barta, R.Markiewicz, Prawo autorskie, Warszawa 2010;
E.Nowińska, U.Promińska, M.du Vall, Prawo własności przemysłowej, Warszawa 2008.
Prawo własności intelektualnej, ed. J.Sieńczyło-Chlabicz, Warszawa 2009.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: