Syllabus Fall 2021

Course Syllabus (Fall Term 2021):

Intellectual Property Law (LAW 422.001)Course Description:

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.

Instructor:

Jon Festinger, Q.C.

jon.festinger@ubc.ca

jon@fblawstrategy.com

jon_festinger@thecdm.ca

Office: (604) 568-9192

Cell: (604) 837-6426

Credits:

3 credits

Class location and times:

Allard Hall 106

Mondays from 9:30am-12:20pm (Fall Term)

Office hours:

After class or by appointment.  Email questions are welcome.

Evaluation:

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.

Materials:

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.

Email communication/Connect:

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.

Academic Misconduct/Plagiarism:

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:

L# Date Topic Materials/Comments
1. Monday, Sept 13, 2021 Introduction None
2. Monday, Sept 20, 2021 Copyright: Overview; what is copyrightable? CB: 1-11, 18-48
3. Monday, Sept 27, 2021 Copyright: Rights of copyright owners CB: 59-92, 98-132, 147, 157-159 (not including D. Collective Administration of Rights)
4. Monday, Oct 4, 2021 Copyright: Users’ rights CB: 162-165, 165-167, 170-216 (until H. Exception Related…)
5. Monday, Oct 11, 2021 No class – Thanksgiving
Monday, Oct 18, 2021 Copyright: Enforcement of rights, remedies& Copyright: Review CB: 229 (until Nintendo of America v. King), 246-251, 255, 262-272
6. Monday, Oct 25, 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
7. Monday, Nov 1, 2021 Trademarks: Introduction, what is a trademark; the concept of use; registration process; ownership, transfer, licensing; deregistration. CB: 439-475, 480, 488-507
8 Monday, Nov 8, 2021 Trademarks: Confusion; infringement and remedies &Trademarks: Review. CB: 507, 510-577
9 Monday, Nov 15, 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 Monday Nov 22, 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 Monday, Nov 29, 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 Monday, Dec 6, 2021 1.     Patents review 2. Exam review Sample Exam (April 2018 exam)