International Intellectual Property Rights
This course examines issues of intellectual property law raised by the exploitation and use of creative and commercial products in an international environment. General topics covered include: the negotiation and conclusion by states of different types of agreements prescribing standards of intellectual property protection under national law; efforts to create supranational intellectual property rights; resolution of disputes between states regarding compliance with obligations imposed by international intellectual property law (primarily under the dispute settlement system of the World Trade Organization); the interaction of trade policy and intellectual property laws; and the private enforcement of intellectual property disputes involving international components. Under these general headings, the class will address both fundamental principles underlying the international intellectual property system and issues of current interest and debate. For example, in the latter category, the class will discuss the extent to which states can ensure access to essential medicines through compulsory licensing of patented drugs; the effect of the Internet on territorial copyright and trademark laws; institutional reforms designed to facilitate faster international intellectual property lawmaking; treaty provisions requiring protection under national law of technological measures designed to restrict access to copyrighted works; restrictions imposed upon the availability of so-called parallel imports; cross-border infringement litigation in a single court seeking relief against conduct in several states; extraterritorial protection of intellectual property rights; and proceedings by trademark owners before ICANN-authorized dispute settlement panels to recover domain names under the Uniform Domain Name Dispute Resolution Policy.