By way of introduction, we study the intellectual property system (literary and artistic property and industrial property) and its sources, with particular emphasis on the leading international conventions (TRIPS Agreement, Berne Convention, WIPO Treaties (WCT/WPPT), Paris Convention, European Patent Convention, etc.), the organizations that manage them (WIPO, WTO, etc.), and the significant principles established by these international conventions. The standardizing effect of international intellectual property law and the creation of “universally” valid general principles within this framework are discussed. The second part of the course covers the basics of trademark, copyright, design, and patent law.

The course enables students to supplement the basic approach to the intellectual property they have acquired in the course devoted to the general principles of IP (in the bachelor’s program) with an in-depth study of the intangible assets directly involved in the innovation process and their links with the law against unfair competition. All aspects of intellectual property law – trademarks, copyrights, and designs (excluding patent law) – are covered in detail, with numerous examples and case studies drawn from Swiss and European case law. Particular emphasis is placed on trademark law and source indications, including protected appellations of origin and the criteria for determining the “Swissness” of a product or service. The judicial enforcement of the various rights is discussed, including the specific procedure before the Federal Patent Court.

The role of intellectual property in technology transfer and the questioning of intellectual property in new innovation models  (open source/open access et creative commons)

The course deals with the problems posed by the Internet in terms of domain name and copyright law. The relationship between trademarks, the right to a company name, the right to a name, and unfair competition is addressed about the protection of domain names. In addition, everything to do with making protected works (music, films, games, etc.) available over digital networks is covered, including piracy issues, those raised by radio and television in the Internet age, DRMS, and free licenses. Particular attention is paid to aspects of liability (civil and criminal) for infringement of intellectual property rights, collective management of copyright, and private copying in the digital world. The relationship between artificial intelligence and copyright is also explained.

The course starts by providing a general overview of the European IP framework and structure resulting from the EU Treaties 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, requirements for protection regarding compound marks, colors, 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 program, the rental rights, the satellite and cable, the terms of protection, the databases, the resale rights directives, and the 2019 Directive on Copyright in the Digital Single Market.

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

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, including jurisdiction and applicable law, will close the course, time permitting.

Open to students who have taken the General Principles of Intellectual Property course or other courses deemed equivalent, the Patent Law, Biotech, and Life Sciences course offers an in-depth look at patent law and the main issues raised by the patentability of living organisms. The problems are addressed not only from the angle of patent law, but also about legislation on more specific topics, such as genetic engineering and stem cell research.

After an introduction to international intellectual property law, the course deals with the patentability of living organisms, exceptions to patentability in biotechnology, and the scope of protection before moving on to biotechnology and the human body, agriculture, genetic resources, and access to medicines. Each student is expected to participate and present a court decision in class actively.

Thematic seminar on law and innovation