Instructor(s): Ariel Katz

For graduate students, the course number is LAW2013HF.

Note: This course satisfies either the Perspective or the International/Comparative/Transnational
course requirement.

Note: The Blackboard program will be used for this course. Students must self-enrol in Blackboard as soon as confirmed in the course in order to obtain course information.

Pre-/Co-requisites: While the course does not presume prior knowledge in competition law or intellectual property law, it is recommended that students do take this course after, or at least while taking courses in at least one of these areas.

This course explores the interface between intellectual property laws and competition law and the various ways in which those laws interface, conflict, and complement each other. We will examine the tension between those laws through the study of various cases from the United States, Canada, and other jurisdiction from the early 20th century to contemporary disputes.

Examples of issues that might be discussed include: whether and when IP rights should be regarded as ‘monopolies’; price discrimination; tying and other restrictive terms in IP licenses; refusal to license IP; compulsory licenses; collective administration of copyright; patent pools and standard setting; anticompetitive IP settlements; parallel importation; competition law and the “new economy”; and IP misuse. The first meetings will be dedicated to introducing basic concepts, while in the rest students will be required to present topics of their choice.

The course is designed primarily for: (1) students of intellectual property law who want to understand how competition law may limit the acquisition, exercise, and enforcement of intellectual property rights, or (2) students with interest in competition law who want to understand its operation in the context of intellectual property rights.

Evaluation
Students will be required to write short (500 words) responses to four of the readings (20%), to write a final 5,000 word research paper on a pre-approved topic (50%), and to present the topic in class (20%). Class participation (attendance and input into discussion) will form the remaining 10%.

At a Glance

First Term
Credits
3
Hours
3
SUYRP
Perspective course
ICT

Enrolment

Maximum
25

17 JD
8 LLM/SJD/MSL/NDEGS/SJD U

Schedule

Th: 4:10 - 7:00