Patent Law in the Globalized World

This module seeks to give students a good grounding in the basic principles of patent law. It is anticipated that with this basis, students should be well placed to develop an informed understanding of efforts to align patent law internationally through the relevant international agreements and also to develop an appreciation of the extent to which patent law remains unharmonized internationally. The module seeks to provide students armed with this knowledge with the skills to view patent law issues from an international perspective, and to advise prospective clients on best practice in multijurisdictional patent protection, enforcement and commercialization. Present day business activities increasingly take place at an international level, with technology and information no longer confined to national borders. Science and technology companies in particular operate in this multinational environment and for these companies, patent rights are crucial.

With the progression of globalization, IP students and practitioners need to be aware of the variations in patent law in the key markets around the world, and also need to be prepared to respond to a variety of problems that only arise in the context of multi-jurisdictional patenting activities. This module takes a practical look at patent law in key international territories: principally in Europe (on a national and regional level), the US and in Asia. As a relevant backdrop to this landscape, the principles, treaties and institutions that attempt to regulate and harmonize patent rights at the international level are also considered. Opportunity permitting, practitioners with different expertise may be invited as guest speakers to address certain topics in detail.

Learning Outcomes

On successful completion of this module students should be able to:

• Demonstrate an understanding of the fundamental precepts of international patent law
• Demonstrate knowledge of the applicable conventions and treaties attempting to harmonize aspects of patent law at an international level
• Apply knowledge of the international conventions and treaties to resolve complex multijurisdictional patent issues
• Demonstrate knowledge of the extent to which questions of validity, infringement and remedies differ between jurisdictions
• Devise appropriate patent protection and enforcement strategies for different scenarios taking into account chronological and jurisdictional considerations as well as substantive variations in patent law
• Demonstrate a practical appreciation of the interface between patent law and other areas of law such as competition law.

Assessment

• Written Assignment - 80%
• Class Participation (including Group Presentation)  - 20%
  Some classes will involve individual and group student presentations.

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