International Protection of Intellectual Property Through the WTO
LL.M Course 820
| 2 credit hours
This course deals with international protection of intellectual property through the World Trade Organization (WTO) and the WTO agreements which cover intellectual property, the TRIPS Agreement, the General Agreement on Tariffs and Trade (GATT), the Dispute Settlement Understanding, The Paris Convention and The Berne Convention.
The course examines in detail the relevant U.S. law and how the extraterritorial application of these laws affects international enforcement of intellectual property. These laws are Section 337 of the Tariff Act of 1930 which prohibits the importation or articles into the United States which infringe U.S. patents, trademarks, or copyrights, and Section 301 of the Trade Act of 1974 which allows retaliation against foreign countries which impose unjustifiable or unreasonable restrictions against U.S. commerce.
The main WTO cases in intellectual property will be read and analyzed. These will include the cases on Sections 337 and 301, which have limited the United States' ability to unilaterally affect intellectual property law. Other cases will include the U.S.-Cuba Havana Club case, the Indian Pharmaceutical case, the Internet Gaming case, the U. S. Musical Copyright case, the European Geographical Indication (GI) case, the Canada Pharmaceutical Patent case, and the China Intellectual Property Violation case. The course will study the Doha Agreement, which allows the compulsory licensing of pharmaceutical patents to fight pandemic diseases particularly HIV/AIDS, and the Zika virus.
Students may not receive credit for both this course and Intellectual Property in World Trade (LAWG/J-226).
||Room / Days / From-To
(CRN #: 13628)
||Dinan, Donald R.