Course Descriptions

International and Comparative Trademark
and Unfair Competition Law (ACA-1)
An examination of comparative systems of trademark (registered and unregistered) between North America (Canada and the United States), the European Union, and certain Commonwealth jurisdictions, within the framework of the relevant international treaties and conventions. This framework will itself receive detailed attention within a general background of public international law. Attention will be given, directly or by case studies, to selected topics of international significance, including: extra-territorial protection of marks, indicia, and business goodwill; protection of personality interests of celebrities and others in controlling commercial use of their persona; and parallel importation, dilution, "trade dress" or "get up," and industrial designs or design patents.

International and Comparative Copyright and Neighboring Rights (ACA-2)
The primary objectives are: a comparative coverage of the civil law concept of droit d'auteur ("author's right system") with "copyright" in common law jurisdictions; a comparison of copyright in the United States with that in Commonwealth countries; and a study of all systems within the international framework provided by international treaties concerning copyright and other intellectual property rights. Particular attention is given to the Berne Convention, the Universal Copyright Convention, the Rome Convention 1961, the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property ("TRIPs"), the World Intellectual Property Organization (WIPO) treaties of 1996, and subsequent WIPO draft treaties and initiatives. These international perspectives are presented within the framework of public international law. In addition, the course will provide case study sessions presenting international perspectives on selected topics, including: compilations and databases; computer programs and multi-media products; moral rights (droit moral); neighboring rights; and the balance between copyright and user interests.

Intellectual Property Issues in Internet and Information Technologies (ACA-3)
The application of the principal categories of intellectual property law to information technology, telecommunications, the Internet, and new media communications is presented from an international perspective with comparative attention to North America, the European Union, and elsewhere. Detailed attention is given to the international managing and marketing of information technology and to business and economic theories concerning information technology and new media communications.

International and Comparative Patent and Trade Secret Protection (ACA-4)
This course presents a detailed coverage of international patent law and the patenting of inventions, with particular emphasis on the systems in North America and the European Union. A specialized focus is given to biotechnological and pharmaceutical products and processes in their historical and current situations. Trade secret protection within North America, the European Union, and elsewhere is included. A component is presented on international managing and marketing, including corporate compliance, misuse theories, strategies, and the interface between competition law and intellectual law.

Art and Cultural Property Law and Policy (ACA-5)
This course considers the concepts of art and cultural property as well as folklore and traditional knowledge, and the linkages between tangible and intangible items, interests, and values within these fields. The first broad component concerns tangible interests and examines national and international laws and treaties (such as those developed under the auspices of UNESCO) affecting trade in art and cultural property. Laws concerning stolen art, export prohibitions, and smuggled art are examined. The role of museums, art dealers, and non-governmental agencies is surveyed. A linkage is made with cultural property interests of indigenous peoples leading to a consideration of intangible items such as expressions of folklore and traditional knowledge. Consideration is given to the relationship of these with intellectual property including copyright, trademarks, patents, and trade secrets. Issues of biodiversity and intellectual property rights (IPRs) are examined in the context of the relevant international treaties and the July 2000 Draft Report of the World Intellectual Property Organization (WIPO) on Traditional Knowledge.