Course Syllabus (Spring Term 2021):
Intellectual Property Law (LAW 422.002)
This course provides students with an introduction to the legal regimes governing the protection of intellectual property. The course will cover the following specific areas of intellectual property law: copyright, trademarks, and patents. In addition, students will be introduced to the common law actions of passing off and breach of confidence, international intellectual property law, and industrial design.
Jon Festinger, Q.C.
Office: (604) 568-9192
Cell: (604) 837-6426
Class location and times:
Allard Hall (remote learning)
Fridays from 1:30-4:20pm (Spring Term)
After class or by appointment. Email questions are welcome.
Exam = 70% of grade
Your exam will take place during the April examination period.
You have the option of handwriting your exams or using the computerized exam software, ExamSoft. Detailed information on the use of ExamSoft can be found on the Allard School of Law website at: http://www.allard.ubc.ca/student-resources/jd-academic-services/registration-advising-exams/exam-policies-computerized-exams
Our exam will be an open book exam. There are no restrictions on the notes or materials that you may bring into the exam.
Paper/Presentation/Post = 20% of grade
This will be 500-1000 word (or equivalent) per person original piece of work that illuminates some aspect of Intellectual Property Law. It can be in any form, posted to the course website or not, and can be approached individually or as a group.
Participation = 10% of grade
Participation is broadly defined includes any or all of:
- class contributions however made;
- website contributions;
- email or other discussions with Instructor.
There is one required casebook for this course, namely: Greg Hagen, Cameron Hutchison, David Lametti, Graham Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Canadian Intellectual Property Law: Cases and Materials, 2nd ed. (Toronto: Emond Montgomery, 2018)
This casebook is available for purchase at the UBC Bookstore. The same edition was used in the Allard IP course for the last three years. Used copies may be available. I may supplement this casebook with additional materials throughout the year.
An additional text that you might find helpful is: David Vaver, Intellectual Property Law, 2nd ed. (Toronto: Irwin Law Inc, 2011). It is not mandatory to purchase this additional text, which is available in the Law Library reference room.
Open Course Website: https://iplaw.allard.ubc.ca
Examination Accommodations and Deferrals:
Students requesting an examination accommodation or deferral should obtain from and submit forms to the Assistant Dean, Students, who will coordinate with the Chair of the Examinations Committee. Individual faculty may not grant examination accommodations.
Accommodating Students with Disabilities:
Students requiring accommodations on exams or assignments pursuant to a disability, or requiring arrangements for classroom assistance pursuant to a disability, should contact the Centre for Accessibility, located in Brock Hall. The Centre for Accessibility will assess all accommodation requests and make all accommodation decisions. Instructors are not permitted to assess or adjudicate individual students’ requests for accommodation.
During the term I may send emails out to the entire class. These emails will be sent through the Faculty Service Centre to the email addresses that students have registered with the Student Service Centre website (SSC). Please read these emails. Students will be deemed to have received course information sent by email.
A classroom space has also been set up on Canvas. I will be uploading the lists of required reading material and additional resources to this classroom space. I may also upload other information and resources, including the class syllabus.
All Allard School of Law students are subject to the University’s rules on Academic Misconduct (http://www.calendar.ubc.ca/Vancouver/index.cfm?tree=3,54,111,959), and are expected to act with academic integrity at all times. Students should be especially aware of the University’s rules in relation to plagiarism. If you plagiarize, you may be subject to penalties set out in the UBC calendar for academic misconduct: (http://www.calendar.ubc.ca/vancouver/index.cfm?tree=3,54,111,960)
If you would like to learn more about academic misconduct, visit the UBC Library’s website on academic integrity (http://learningcommons.ubc.ca/guide-to-academic-integrity/). Examples of academic misconduct can also be found in the UBC Annual Report on Student Discipline (http://universitycounsel.ubc.ca/discipline/).
UBC subscribes to a service called TurnItIn which is a website that checks for the originality of material. This is a password-protected site that is increasingly used in North American universities. TurnItIn may be used to verify the originality of your work. The information provided here and further details about TurnItIn can be found online at: http://lthub.ubc.ca/guides/turnitin/
Schedule of classes and readings:
|1.||Friday, Jan 8, 2021||Introduction||None|
|2.||Friday, Jan 15, 2021||Copyright: Overview; what is copyrightable?||CB: 1-11, 18-48|
|3.||Friday, Jan 22, 2021||Copyright: Rights of copyright owners||CB: 59-92, 98-132, 147, 157-159 (not including D. Collective Administration of Rights)|
|4.||Friday, Jan 29, 2021||Copyright: Users’ rights||CB: 162-165, 165-167, 170-216 (until H. Exception Related…)|
|5.||Friday, Feb 5, 2021||Copyright: Enforcement of rights, remedies
& Copyright: Review
|CB: 229 (until Nintendo of America v. King), 246-251, 255, 262-272|
|6.||Friday, Feb 12, 2021||Trademarks: Passing off.||CB: 317-327 (including the introduction to 1. Goodwill or Reputation and a. Secondary Meaning), 333-344 (including the introduction to b. The Geographic Ambit of Goodwill), 354-355 (including the introduction to c. Shared Goodwill), 362-384, 409-426 (including the introduction to 3. Damages), 437-439|
|Friday, Feb 19, 2021||No class||Reading week|
|7.||Friday, Feb 26, 2021||Trademarks: Introduction, what is a trademark; the concept of use; registration process; ownership, transfer, licensing; deregistration.||CB: 439-475, 480, 488-507|
|8||Friday, March 5, 2021||Trademarks: Confusion; infringement and remedies &Trademarks: Review.||CB: 507, 510-577|
|9||Friday, March 12, 2021||Patents: overview, patentable subject matter, application process, claims construction, file wrapper estoppel, various prosecution topics||CB: 633-638 (up to B. An Example Patent), 643-654 (until Canada (Attorney General v. Amazon.com, Inc), 667 (until Apotex, Inc.), 676 (until Lawson), 683-703, 770-782, 804-822, 825-826.|
|10||Friday March 19, 2021||Patents: methods of medical treatment, requirements of patentability (utility); requirements of patentability (novelty, non-obviousness); miscellaneous patent topics.||CB: 727-734 (until 5. Forms of Energy), 734-751, 755-770, 782-798 (until VII. Claims Construction), 804, 823-825Please also read paras. 26 – 63 of AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36.|
|11||Friday, March 26, 2021||Patents: remedies for patent infringement; miscellaneous other patent litigation topics (Guest Lecturer: Roch Ripley of Gowlings )||CB: 828-31, 836-end.Please also read White, Burgess v. Abbott 2015 SCC 23|
|12||Friday, April 2, 2021||1. Patents review 2. Exam review||Sample Exam (April 2018 exam)|