Specific skills related to the course content
By the end of the course, students will be able to:
Transversal skills
At the end of the course, students will be able to:
Construct a structured, well-supported and convincing argument.
This teaching unit is devoted to the study of the main rights that make up intellectual property (IP): copyright, trademarks, patents, designs and trade secrets. For each of these rights, the aim is to understand the general logic of protection, its purpose and its scope.
The course will also invite students to consider the philosophical and economic foundations underlying the creation of these various exclusive rights and the positive and negative impacts that these rights may generate.
After a few introductory sessions on IP in general (purpose, sources, justifications, etc.), the following sessions will briefly present the fundamental elements (purpose, conditions of protection, scope of protection and exceptions, ownership, duration, etc.) of the most common intellectual property rights: copyright, trademarks, patents, designs and trade secrets.
Current debates on IP are also discussed in order to highlight the economic and social issues involved. These include issues relating to health-related patents and the complexity of copyright in the digital environment.
Students are invited to discuss the most relevant issues in this area in a reasoned manner and to take a position on certain legal proposals. The lecturer provides as many examples as possible that illustrate the mechanisms discussed, enabling students to project themselves into concrete situations and apply the theoretical rules rigorously and constructively.
In general, the course focuses on both national and supranational perspectives. The analysis covers Belgian law, Benelux law, European Union law and international treaty law. Particular attention is paid to the case law of the Court of Justice of the European Union.
Subject to change, the course will adopt the following outline:
1. Nature and justification
2. Process of internationalisation and Europeanisation
3. Copyright (1): Subject matter and ownership
4. Copyright (2): Scope of protection
5. Copyright (3): Collective management, related rights and application in the digital world
6. Trademark law (1): Function, European system, subject matter and formalities
7. Trademark law (2): Infringements, exceptions and exhaustion
8. Patent law (1): Function, subject matter
9. Patent law (2): European protection system, infringements and exceptions
10. Designs: Purpose, formalities and intensity of protection;
11. Trade secrets: Purpose and intensity of protection
12. Conclusions. Questions and answers. Presentation of the course.
Tutorial sessions (usually three in number) will be organised during the four-month term. These will enable students to put the theoretical knowledge acquired during the course into practice through practical exercises and thus deepen their understanding of certain aspects of the subject matter.
Participation in these sessions is voluntary. Students wishing to participate will be invited to register at the beginning of the term. Registration is for all sessions. Once registered, students are required to attend the sessions.
On a voluntary basis, students can participate in groups (6 people) in the production of a video clip on a current topic related to intellectual property. Depending on its quality, this group work may offer participants up to 2 bonus points on their final mark.
On a voluntary basis, students may participate in groups (6 people) in the production of a video clip on a current topic related to intellectual property. Depending on its quality, this group work may offer participants up to 2 bonus points on their final mark.
Evaluation is based on a partially open-book written examination (see below).
The purpose of the assessment is to use open-ended questions to:
§ assess the knowledge acquired by the student on the main elements of the protection regimes studied
§ verify the student's ability to analyse a practical situation and apply the rules relating to IP
§ test the student's ability to develop critical thinking on intellectual property in general, its evolution, and the application of its rules by the courts.
Authorised documents: Students may use the legislation and the collection of texts and case law that will be provided to them. The texts may not be annotated, except for references from article to article. No other documents are permitted.
Bonus points: participation in the video clip design exercise may earn students up to 2 bonus points on their final mark.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Master in Management, Teaching focus | Standard | 0 | 5 | |
| Bachelor in Law | Standard | 0 | 3 | |
| Master in Management, Professional focus in Business Analysis & Integration | Standard | 0 | 5 | |
| Master in Management | Standard | 0 | 5 | |
| Master in Management, Professional focus in Business Analysis & Integration | Standard | 1 | 5 | |
| Master in Management | Standard | 1 | 5 | |
| Master in Management, Teaching focus | Standard | 1 | 5 | |
| Master in Management, Professional focus in Business Analysis & Integration | Standard | 2 | 5 | |
| Master in Management, Teaching focus | Standard | 2 | 5 | |
| Bachelor in Law | Standard | 3 | 3 |