International Intellectual Property Law

2024/2025

Academic Year

ENG

Instruction in English

3

ECTS credits

Delivered at:

School of International Law

Course type:

Compulsory course

When:

5 year, 2 module

Instructor

Evseev, Artem P.

Course Syllabus

Abstract

The course is aimed at filling a crucial gap in academic studies of students – international law of intellectual property (the “IP”). The IP is one of the most fast-developing areas of international law which has a global impact both on civil circulation and public interests (drug access, software distribution, cross-border infringement cases, etc.). This necessitates the education of skilled legal practitioners and scholars who can solve complex interdisciplinary legal issues from national civil and public regulation of IP law and international law by finding a right balance between the interests of many affected actors – right owners, users, society and government. The use of the comparative and case study methods, along with role-plays and simulations will help to foster an ability of the participants to professionally deal with the most complicated practical issues in this area of law. At the end of the course, the students will participate in a moot court based on real-life cases, which will allow checking their progress in course completion.

Learning Objectives

• Students will gain a comprehensive understanding of the fundamental principles, treaties, and conventions that govern international intellectual property law. Students will learn to compare and contrast the IP laws of various countries, assess the challenges of harmonizing IP protection globally, and propose solutions for cross-border IP issues.

Expected Learning Outcomes

• Studies sources of international law of intellectual property; actors participated in shaping the landscape of international law of intellectual property; legal regimes of objects of intellectual property (trademarks, patents, copyright, etc.) under international law; effectiveness of international IP protection mechanisms.
• Demonstrates a thorough understanding of key international intellectual property treaties and conventions.
• Critically assesses the impact of governments, international organizations and NGOs on the development and enforcement of IP law.
• Analyzes the differences and similarities in IP laws across various jurisdictions.
• Applies international IP law principles to resolve cross-border intellectual property disputes.
• Formulates strategies for addressing global IP challenges in diverse legal environments.
• Can to work with information (search, evaluate, use information, necessary for fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach); and can to carry out professional activities in the international environment.
• Can to search, analyse and work with legally relevant information by using of juridical, comparative and other specific methods.
• Can to describe legal problems and situations in the field of the International Law of Intellectual Property.

Course Contents

• Topic 1. The International Law of Intellectual Property: an Overview.
• Topic 2. Types of IP.
• Topic 3. IP Registration. Management of IP Portfolio.
• Topic 4. Limitations on Exclusive Right of Right owner
• Topic 5. Conflict of Laws and Dispute Resolution in IP.

Assessment Elements

• Activity
  Attendance, presentations during the seminars, participation in the peer-review procedure, and involvement in the discussions.
• Essay
  Research paper (or an essay) and its defence: work individually; length: approx. 5 000 – 7 000 words; footnotes are obligatory; detailed requirements for the research papers will be send to students in advance. Plagiarism and use of the AI and other similar mechanisms for preparing an essay or somehow circumventing the aim of preparing a creative research paper are not allowed in this course. Works with the abovementioned defects will be considered null and void and will receive 0 points. If there is a suspicion that a student used plagiarism / AI or other similar mechanisms that are not allowed they must produce the evidence supporting their claims of independent creation of their respective works and papers (e.g., initial drafts, research summaries other preparatory materials, etc.). The lecturer may oblige students to prepare and give an oral presentation of their essay. The respective students will be informed about the dates and format of the presentation (online/offline) no later than 3 calendar days before the scheduled date.
• Exam
  Form of the exam: oral in the form of an interview on the whole syllabus (held in small groups). Discussion of both theoretical questions, cases and examples from practice. The grade for an examination is fully blocking. The grade for the examination is equated with the grade for the interim assessment until the student receives a positive grade for the examination. Only if the student receives a positive grade for the examination in, the interim grade is calculated according to the formula.

Interim Assessment

• 2024/2025 2nd module
  0.2 * Activity + 0.4 * Essay + 0.4 * Exam

Bibliography

Recommended Core Bibliography

• William T. Gallagher. (2017). Intellectual Property. Routledge.

Recommended Additional Bibliography

• Caso, R., & Giovanella, F. (2015). Balancing Copyright Law in the Digital Age : Comparative Perspectives. Heidelberg [Germany]: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=909908

Authors

• SMIRNOVA SVETLANA ANATOLEVNA