Universitat Internacional de Catalunya

Intellectual Property Law

Intellectual Property Law
3
14953
4
Second semester
op
Optatividad
Elective
Main language of instruction: Catalan

Other languages of instruction: English, Spanish,

Teaching staff


Dr. VIDAL-QUADRAS TRIAS DE BES, Miguel - mvidalquadras@uic.es

Objectives

The main objective of this subject is to acquire a clear idea of the different institutions for the protection of intellectual creations within the framework of industrial and intellectual property.

Competences/Learning outcomes of the degree programme

  • 02 - To acquire the ability to understand, analyse and synthesise
  • 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
  • 11 - To acquire skills for autonomous learning
  • 13 - To develop critical analysis skills
  • 15 - To develop a perception of the united nature of the legal system and the required interdisciplinary vision for legal issues
  • 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole

Syllabus

The contents of this subject will consist of an analysis of the main aspects of the intellectual property law, both in formal and substantive as well as procedural aspects, in its national, community and international dimension.


  1. Introduction to intellectual property law. Growing importance in the economy and society and development up to the present day. Paris, Berne and TRIPS Agreements. Basic principles.
  2. Development of international patent and trademark law. PCT, EPC, Nice and Madrid Agreement. The development of Community law on industrial and intellectual property.

  1. Object of protection: the work
  2. Exploitation rights
  3. The moral rights of the author
  4. The resale right and the right of compensation for private copying
  5. The transfer of copyright
  6. Contracts for the exploitation of copyright
  7. Audiovisual works
  8. Sorftware programs
  9. Intellectual property rights of artists and performers
  10. Intellectual property rights of producers
  11. Other copyrights
  12. Collecting societies
  13. The Intellectual Property Register

  1. Introduction and fundamentals
  2. National and European patents and PCT applications
  3. Legal requirements for patentability
  4. Exclusions from patentability
  5. The patent document
  6. Types of Patents
  7. Application and granting of patent rights
  8. Scope and Infringement of Patent Rights
  9. Actions in defence of the patent
  10. Actions for invalidity and revocation
  11. Utility models
  12. Other titles: supplementary protection certificate, plant varieties, semiconductor topographies, etc.

  1. Types of distinctive signs and trade marks (national, Community, international)
  2. Classifications of trade marks
  3. Absolute and relative prohibitions
  4. Acquisition and registration of rights. The trade mark with a reputation
  5. Content and infringement of trade mark rights
  6. Actions in defence of the trade mark
  7. Invalidity and revocation actions
  8. The trade name
  9. Industrial design: definition and requirements for protection
  10. Application for registration of industrial designs
  11. Community models and designs
  12. Non registered design protection

  1. Transfer of Intellectual Property Rights
  2. Legal actions and procedural remedies for the protection of intellectual property rights

Evaluation systems and criteria

In person



The evaluation of this subject will be as follows:

- Commentary on a ruling (20): each student will be assigned a commentary on a ruling that will be sent to the lecturer beforehand and will be analysed in class in order to introduce the theory.
- Interventions in the classroom (20): the interventions in the classroom are important and show the student's previous work of analysis and reflection on the subjects that will be dealt with in the session.

- Final oral exam (50): the exam will consist of answers to two of questions proposed to the student.

- Class attendance: up to 10 points, starting to be deducted from the second absence. Only positive points will be awarded.

Bibliography and resources

BERCOVITZ, Rodrigo, Manual de propiedad intelectual (últ. edición)

BERCOVITZ, Alberto, Apuntes de Derecho Mercantil (últ. edición)

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