Checking date: 10/04/2019


Course: 2019/2020

The protection of intellectual property in the law of the EU
(12239)
Study: Master in European Union law (302)
EPD


Coordinating teacher: BONDIA ROMAN, CARLOS FERNANDO

Department assigned to the subject: Department of Private Law

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Students are expected to have completed
Contracts and obbligations law. Rights in rem.
Competences and skills that will be acquired and learning results.
Understand the basics of industrial property (patents & trademarks). Acquire advanced knowledge on copyright and neighboring rights, as specifically developed under EU law, focusing on the interplay between exclusive rights and their limitations in the current digital environment. Acquire further knowledge on copyrightable visual arts, i.e. those consisting on pictorial, graphic, or sculptural works, including two- and three-dimensional works of fine, graphic, and applied art. Acquire an overview on protection granted to databases and software, as well as on the functioning of collective management organizations (¿CMO¿), under EU law. Critically evaluate texts and information on IP law, being able to offer informed and reasoned arguments of their own. Identify conflicts arising from the interplay between IP and physical property, i.e. between IP right holders, on the one hand, and final users, on the other, and put in practices any resources available in EU law in order to solve those conflicts.
Description of contents: programme
1. Copyright EU law. 1.1 Copyright and neighboring rights. 1.2 1.3 EU harmonizing policy in the field of copyright. 1.3.1 Authorship, joint authorship and copyrightable works; 1.3.2 Exclusive rights and their limitations/exceptions; 1.3.3 Term of protection 1.4 Special types of works under EU law: software, databases and visual arts. 1.5 Assignment of rights, collective management organizations and registration. 2. EU law on industrial property. 2.1 Patents. 2.2. Trademarks. 2.3. Designs. 2.4. Domain Names.
Learning activities and methodology
LEARNING ACTIVITIES Theorical class Practical classes Tutorials Team work Individual student work TEACHING METHODOLOGY. Teacher's lectures with support of computer and audiovisual media, in which the main concepts of the subject are developed. Bibliography is provided to complement the students' learning. Critical reading of recommended texts: Press articles, reports, manuals and / or academic articles, either for later discussion in class, or to expand and consolidate the knowledge of the subject. Resolution of practical cases, problems, etc. raised by the teacher individually or in a group Exposure and discussion in class, under the moderation of the professor of subjects related to the content of the subject, as well as of practical cases Elaboration of works and reports individually or in groups.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • Lindner, Brigitte - Shapiro, Ted. Copyright in the Information Society. Elgar. 2019
  • Seville, C.. EU Intellectual Property Law and Policy, 2. ed.. Elgar. 2016
  • Sganga, Caterina. Propertizing European Copyright. Elgar. 2018

The course syllabus and the academic weekly planning may change due academic events or other reasons.