Professional LLM in Intellectual Property Law

Credits: 3.0

This course offers students an advanced-level introduction to Intellectual Property law. In addition to familiarizing students with the fundamentals of IP law, and the various rights and subject matters that comprise this broad legal category, the course will explore the theoretical premises, principles, and policies that underpin IP systems. The objectives of the course are: to develop students’ understanding of the theoretical framework for IP protection; to further students’ awareness of the practical and political significance of various theories in the development of IP law; and to encourage students to critically evaluate the normative bases of IP rights.

Credits: 6.0

This course is a study of the limited statutory monopoly granted to the authors of musical, literary, dramatic and artistic works under the Canadian copyright regime. From art and entertainment to education and information, copyright law affects almost every aspect of our lives. Through analysis of the Copyright Act and cases, the course aims to introduce students to substantive copyright law while critically assessing the copyright system in terms of its justifications and its public policy objectives. The course will examine the requirements for copyright protection, the kinds of works that qualify for protection (including computer software), and the scope of the rights granted to the copyright owner.

Among the subjects to be explored are:
(1) the nature of the owner’s “right” in her work; the role of the public interest and the public domain;
(2) the meaning of authorship and originality; the dichotomy between protected expression and unprotected ideas;
(3) and the freedom of users to deal fairly with copyrighted works.

By the end of the course, students will be familiar with the fundamentals of copyright doctrine as well as the theoretical and political controversies that surround copyright in the modern age.

Credits: 6.0

Technology is the key to modern business. Patent law protects such technology but patents are no longer sought only for inventive mechanical, electrical and chemical products and processes. Patents are now being sought for biological and genetically engineered products and processes and for computer programs. As a result, interesting policy questions have arisen about the proper scope of patent protection. This course examines these policy questions and takes an in-depth look at the various concepts of patent law. It examines ownership of inventions, scope and construction of patents, patentability, validity, enforcement and infringement. Comparisons with other patent systems are made and alternatives to the patent system are also considered.

Credits: 6.0

Trademarks are all around us. To many trademark owners, they represent millions, if not billions, of dollars in goodwill. How is that goodwill created in the first place, and what role does the law play in its creation and maintenance? Do Canadian courts do an adequate job of protecting goodwill against counterfeiters, infringers and “free-riders” who attempt to ride their coattails, especially in the area of “famous marks”? Is our Trade-marks Act equipped to stop trade-mark “pirates” at the border? Is it equipped to protect the interests of exclusive licensees and distributors who create a local market for branded products against parallel importers of “grey market” goods?

Students will have the opportunity to consider these and other thorny questions as they explore policy, doctrine, and jurisprudence in the field of trade-marks and unfair competition law.

Credits: 3.0

Industrial design is a form of intellectual property that protects visual features such as shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article. It is an important sub-area of intellectual property law that offers interesting intersections with patent law and copyright law. This course introduces students to the history of the Industrial Design Act and system, the detailed operation of that system, including international applications under the Hague Convention and other law and contrasts similar systems in the United States and Europe.

This course comprises a hybrid of lectures and in-class workshops. The lectures are intended to provide students with an overview of the critical aspects of industrial design theory and practice. A series of in-class workshop components follow the lectures, and further consist of practice exercises intended to provide students with an opportunity to apply the lectured content. Students are expected to attend and listen to the lecture components, and to participate in the in-class workshops. Students are also expected to prepare for, and attend a theoretical seminar on the theory of industrial design protection. Preparation for the seminar includes reading a number of assigned academic papers on the subject. A guest lecturer will be invited to speak on the commercial importance of design protection.

Credits: 3.0

In this course, students will analyze issues that are currently challenging courts, policy-makers and socio-economic and cultural practices in Canada and internationally. Issues to be examined may include peer-to-peer file sharing, fair dealing and fair use, digital rights management (DRMs), data protection, freelance authorship and publishing, branding, geographical indications, commercialization of IP and university spin-outs, IP and traditional knowledge, IP and biotechnology, and IP and development. The goal is to consider various policy alternatives to respond to these challenges and develop a refined understanding of the implications of each alternative.

Credits: 3.0

Intellectual property rights have no real commercial value unless they can be asserted against others. To what extent should the owner of these rights be entitled to interfere with normal commercial practices in a modern global economy? The remedies available directly influence the value of the intellectual property right. Courts have granted intellectual property rights holders broad search and seizure powers and restraining rights through Anton Piller Orders and John Doe Injunctions. This course examines the full extent of the remedies available to intellectual property holders, including injunctions, damages, accounting of profits, punitive damages, and delivery up, and how these remedies can be enforced internationally, particularly with respect to “piracy” and “grey marketing”.

Credits: 3.0

The value of intellectual property is not only in its use by the owner itself but also in the ability to exploit that property with others. Intellectual property is at the core of many commercial transactions. International licensing and technology transfers have become a highly important means of commercialization or exploitation for intellectual property owners. This course considers licensing and other contractual arrangements for conveying and sharing intellectual property rights including special issues in respect of open source licenses. It examines issues of valuation of intellectual property, intellectual property in insolvency as well as due diligence in business acquisition transactions. Special issues of acquiring intellectual property rights from government laboratories or Universities are examined as are issues involved in the termination of license relationships. The legal considerations and key contractual issues are viewed in an international and domestic context.

Credits: 3.0

Much of domestic Intellectual Property law flows from obligations undertaken under international treaties. These treaties have come increasingly to influence the structure and enforcement of domestic law. This course examines the impact of domestic law on the main intellectual property treaties, including: the Berne, Universal and Rome conventions on copyright and neighbouring rights; the Paris convention on patents, trade-marks and designs; the intellectual property and enforcement chapters of NAFTA and the World Trade Organization Agreement of 1994. The movement to amend and expand some of these treaties, and generally to harmonize intellectual property internationally is also examined.

Credits: 3.0

This course introduces students to the history of the Patented Medicines (Notice of Compliance) Regulations and system, the detailed operation of that system, and other law and contrasts a similar system in the United States. Students will develop an understanding of some of the requirements, issues, options and challenges involved in the interface between the drug approval process in Canada and the Patent Act in respect of patented medicines.

Credits: 3.0

Not all intangible business interests can be protected using traditional, statutory trade-mark law, copyright law and patent law. Due to the inherent limitations of these laws, both courts and legislatures have developed alternative approaches to protecting certain kinds of intangible business interests that otherwise would not be protected. For example, information is valuable on its own. How can it be protected? The law of trade secrets and breach of confidence has been developed largely by the courts, as have such actions as unlawful interference with economic relations, inducing breach of contract, conspiracy to injure, trade libel and other torts that seek to redress unfair competition and the misappropriation of intangible assets. These mechanisms and their theoretical underpinnings will be examined.