Curriculum Guide · Courses

Professor Donald Dinan

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, and the General Agreement on Tariffs and Trade (GATT) as enforced by the Dispute Settlement Understanding. The Paris Convention and the Berne Convention as incorporated into TRIPS will also be viewed.

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, and the U.S. Musical Copyright case. Each student will be given a chance to participate in a moot court presentation of a case. The semester will conclude with discussion of recent important developments in the Doha round which could significantly change the way intellectual property disciplines are applied to developing countries. In this regard, the course will study the South African/AIDS case and the subsequent Doha Agreement, which allows the compulsory licensing of pharmaceutical patents.

Recommended: Prior enrollment in one or more of the following courses: International Law I; International Trade. Some prior knowledge of Intellectual Property Law issues is helpful.