European Intellectual Property Law

Cours à option spécifique dans le cadre du Master of Law avec orientations "Business and Tax Law", "Droit international et européen" et "Innovation - Propriété intellectuelle - PME"

2 heures hebdomadaires au semestre de printemps 2018 (4 crédits ECTS), le mardi de 8h15 à 10h00, salle B 32.

Objectifs : nowadays, companies, including Swiss ones, file more and more intellectual property (IP) rights at the international and regional levels. As one of the most developed IP regimes, the European system is getting more and more important, even for non-member States. The aim of this new course is to provide a broad overview of the European IP law regime and its specifities. Duplications with the courses on Swiss IP law are avoided.

Content : the course starts by providing a general overview of the European IP framework and structure resulting from the EU Treaty and the relevant regulations and directives. We shall then study the European patent system under the European Patent Convention and the European unitary patent initiative, including the issue of computer-implemented inventions, the EU supplementary protection certificate (SPC) system, utility models and trade secrets.

The European trademark regime will constitute the third block of study, including language issues, proceedings, aspects of requirements for protection regarding compound marks, colors, and appearance/shape of the product, acquired distinctiveness, flags, use, fair use, exhaustion and the loss of right.

Copyright issues will then be studied : the computer programme, the rental right, the satellite and cable, the term of protection, the databases and the resale right directives. 

The course also focuses on other IP rights, including plant varieties, geographical indications (incl. foodstuff regulation), and industrial designs (incl. the spare parts issue) from a European perspective.

Finally, issues central to the EU system such as comparative advertising, European IP Law and competition, parallel imports and the enforcement of IP rights in the EU, incl. jurisdiction and applicable law will close the course.

Examination : 15 minutes oral exam with preparation time.

Teaching and study materials : the teaching materials will be made available on Claroline.

Teaching method : the course is based on some theoretical input, interaction with then students and some pratical exercises.