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Prerequisites
Language of instruction
Duration
Identical coursesInternational and European Trademark Law (B-KUL-HNI24A)
Cannot be taken as part of an examination contract
Vanherpe Jozefien (coordinator) | Vanherpe Jozefien Aims
Learning goals
Students have a thorough insight into the international and European trademark law framework. Students understand new developments in this domain.
This course contributes to the following learning outcomes:
- The student masters the structure and methodology of the international and European and/or Belgian intellectual property rights, media law and/or IT law that he/she has followed.
- The student can deal with complex problems in the domain of the intellectual property rights, media law and/or IT law that he/she has followed.
- The student can independently test research findings and situate them in a personally substantiated structure that makes an original contribution to knowledge.
- The student can adopt a critical position in relation to the domain of the intellectual property law rights, media law and/or IT law that he/she has followed.
- The student can communicate his point of view to colleagues in Dutch, French and/or English.
Previous knowledge
The general admission requierements and compulsory order of enrolment are discribed in the education and examination regulations.
Is included in these courses of study
Activities
5 ects. International and European Trademark Law (B-KUL-HNI24a)
Content
The aim of the course is to offer an in-depth study of the basic rules of international and European trademark law. Following an introductory chapter introducing the important international treaties (such as the Paris Convention, the Madrid Agreement and TRIPS) and exploring the harmonization efforts in the European Union, the course will provide an in depth analysis of the provisions, application and procedural aspects of the European Union Trademark system (the 'EU Trademark').
In particular, the course will provide an extensive examination of the legal provisions that deal with basic concepts and validity requirements, registration proceedings, scope of the exclusive rights, invalidity and revocation grounds, collective & certification marks and procedural aspects.
The emphasis is on close analysis of the Trademark Directive and the Trademark Regulation as well as on the vast body of case law of the Court of Justice. Features of trademark law which vary from country to country may occasionally also be looked at. A final topic to be covered is the special problems raised by use of trademarks on the internet (domain names)..
Course material
Mandatory study materials
- Justine Pila and Paul Torremans, European Intellectual Property Law, Oxford Univ. Press, 2nd ed. 2019
- A. Christie, Blackstone's Statutes on Intellectual Property, 15the ed., OUP 2020 (this material can be used on the exam)
- S. Frankel & D. Gervais, Advanced Introduction to International Intellectual Property, Edw. Elgar 2016
- handouts of power point presentations (posted on Toledo)
- A specified number of judgments of the EU Court of Justice (list posted on Toledo)
Recommended Reading
- Annette Kur and Martin Senftleben, European Trade Mark Law, Oxford Univ. Press 2017
Language of instruction: more information
The course is given in English.
Format: more information
Lectures based on power-point presentations; discussion sessions are organized in groups (eg with regard to the application of the absolute grounds for refusal and the assessment of the infringement question). In all lectures, the Poll Everywhere tool is used to actively involve the students and to provoke discussion. Some guest speakers (lawyers) will be invited to discuss some issues from a practical viewpoint.
Evaluation
Evaluation: International and European Trademark Law (B-KUL-H80153)
Explanation
The exam will be a written open book on-campus exam (3 hours).
The exam will consist of several open questions, focusing on both theoretical and practical aspects. All questions must be answered within a given space.
Further concrete instructions will be communicated in class and via the Toledo platform in a timely manner.
Information about retaking exams
The same format will be applied as in the regular exam session.