Western Law

5829C 001 Global Issues in Intellectual Property (ST)

This course satisfies Module 3 for the Area of Concentration: Intellectual Property, Information and Technology Law.

Essay RequirementYes, this course will satisfy the Faculty of Law essay requirement
Enrollment Restriction25
Instruction Students should expect to come to class having prepared the scheduled readings and associated questions, and ready to participate in class discussion. The classes will include a mix of lectures, class discussion, some small group work and research time.
Assessment 15% Course participation

20 % 2x short papers (500 words each) and associated presentation of short paper in class

65% research paper essay (10,000 words)

Materials Electronic materials available on the course management system (WebCT).
Library MaterialsClick here for Library Materials for this Course
Description Intellectual Property law has become a matter of global importance. The products of intellectual property including literature, music, films, pharmaceuticals, electronic goods and software, to name a few, are traded internationally The laws of intellectual property touch everyday lives in a number of ways. Patent law, for example, affects the availability and the costs of medicines. Patent law also plays a role in determining the types of research that can occur within a nation. Copyright law governs the availability of cultural and creative works and access to information. In this course students will study a variety of intellectual property issues that are of global concern. The subject matter covered will include:

  • The object and purpose of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and what those concepts show about intellectual property law as a global issue.
  • The World Trade Organization (WTO) dispute settlement system and how it has operated in relation to disputes about the TRIPS Agreement, including the nature of the disputes and enforcement of disputes. Enforcement issues include using the TRIPS Agreement as a method of cross-retaliation for violations of other trade agreements.
  • Access to medicines and related patent issues.
  • The evolving international framework for the protection of traditional knowledge (including discussion of activities at the World Intellectual Property Organization (WIPO) ; the Convention on Biological Diversity and the associated Nagoya Protocol; the TRIPS Council; and comparisons of measures taken at domestic law in countries such as New Zealand and Peru).
  • The role that free trade agreements play in setting norms is international intellectual property law and plurilateral agreements (Anti-Counterfeiting Trade Agreement, known as ACTA, and the Trans-Pacific Partnership negotiations

  • Issues in airing from the territorial nature of intellectual property rights, including the prevention of parallel imports and enforcement of rights across borders.