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Leerdoelen
The main aims of this course are to enable the students to do the following: ability to place the patent law system in the context of other intellectual property rights; ability to understand the economic rationale of the patent system; identify patentable subject matter and apply it to practical cases; evaluate, examine, compare and evaluate whether patentable subject matter fulfils other patentability requirements and evaluate when a patent can be invalidated; identify and evaluate exclusive rights and their exemptions, conditions for and circumstances where there is infringement; identify and distinguish various types of infringement; apply civil procedural code rules, including private international law rules to patent cases, evaluate and interpret case law of the CJEU; identify developing countries issues in relation to patent law, discuss and conceive solutions for these issues; identify biodiversity issues in relation to patent law, discuss and conceive solutions for these issues; compare legal systems in respect of the aforementioned learning goals; resolve practical cases which comprise a multiplicity of the aforementioned learning goals, discuss the solutions found and develop reasoning followed with a view to come to such conclusions.
Inhoud
Patent law is one of the most fascinating areas of intellectual property. The patent system has been developed with a view to stimulating innovation. By granting a temporary exclusionary right for a technical invention, innovators are protected against free riding and copying. Innovation is an important factor in today’s worldwide competition. 'No progress without innovation' is the adage.
A patent provides protection for a technical invention which is novel, inventive, and has an industrial application.
This course will clarify all intricate features of patent law. It will focus predominantly on new technologies and recent developments in the area. There will be plenty of room for comparative analysis,
e.g. UK, Germany and USA.
Subjects dealt with in this course (amongst others): international and national patent system; patentable subject matter (computer implemented inventions, pharmaceuticals, medical treatment methods, biotechnology); patentability requirements; scope of protection; infringement; exceptions to the exclusive rights; patent litigation.
Onderwijsvorm
Lecture
Onderwijstijden
Day-time
Studiemateriaal
Reader, syllabus with case law
Toetsvorm
Paper or written exam, at the discretion of the tutor (depending on the number of students)
Bijzonderheden
Only students who have been admitted to the Master Information Law may follow this course as an optional course. Attendance of the classes is mandatory in order to be able to take part in the exam.
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