Instructor(s): Abraham Drassinower

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

The aim of the course is to provide the student with the fundamentals of copyright, trademarks, and patent. Topics to be examined under the rubric of copyright include the protection of dramatic, musical, artistic, and literary works (including computer software); the relation between authorship and ownership; originality; the idea/expression dichotomy; infringement; technological protection measures; and the defence of fair dealing. Our analysis of copyright may include issues such as private copying, internet file sharing, digital databases, and appropriation art. Topics to be examined under the rubric of trademarks include the differences between the common law action for passing-off and trademark infringement; distinctiveness; use; and the criteria for trademark registration. Our analysis of trademarks may include issues such as the status of famous marks, and the relationship between trademark protection and freedom of expression. Topics to be examined under the rubric of patent include subject matter, novelty; non-obviousness; utility; sufficiency; and infringement. Our analysis of patent may include pharmaceutical compounds, patenting life issues, and the limits of patent protection. We will throughout endeavour to distinguish between copyright, trademarks and patent, to explore questions of overlapping protection, and to assess those legal regimes from the point of view of both their normative justification and their policy objectives.

Evaluation
3 hour, open book, final examination (100%).
Academic year
2019 - 2020

At a Glance

Second Term
Credits
4
Hours
4

Enrolment

Maximum
60

54 JD
6 LLM/SJD/MSL/NDEGS/SJD U

Schedule

T: 4:10 - 6:00
Th: 4:10 - 6:00