Summer Academy 2021

Module I: Foundations and Challenges

Module I
Innovation and Intellectual Property
Protection: Foundations and
Challenges
Root number: 446638

ECTS: 3

Lecturers: Thomas Cottier, Jayashree Watal, Matthias Käch, Kamran Houshang Pour,
Erik Thevenod-Mottet, Martin Girsberger, Julie Poupinet and Kathrin Rüegsegger.

Location: In response to the COVID-19 pandemic and following the guidelines

established by the University of Bern, all courses of the 2020 WTI Summer Academy will
only be held online. This course will have live sessions on Zoom.

Dates: 21-25 June 2021 (with a take-home assessment on June 26 2021).

Audience:
 Government officials; Embassy staff; people working for international
organisations and NGOs, industry and in legal practice

 Master of Advanced Studies of International Law and Economics (MILE) Students

 Joint LL.M. / Diploma of Advanced Studies Trade and Investment Law (TRAIL+)
Students - World Trade Institute / Faculty of Law, Unibe

 Certificate of Advanced Studies / Diploma of Advanced Studies in International

Law and Economics (CAS ILE & DAS ILE) Students - World Trade Institute, Unibe

 Students from different universities across Switzerland

Course Description:
Intellectual property rights play an increasing role in international trade and the process
of globalization and regionalization. Global value chains and division of labour strongly
depends upon intellectual property protection which in turn also influences trade flows.
The module expounds the fundamental principles of IP protection in the multilateral
trading system of the WTO and preferential trade agreements. It offers and introduction
to different forms of rights, scope of rights, and students are exposed to leading WTO

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case law. The module particularly focuses in a case study on the implications of patents
on public health and pharmaceuticals in the developing world. The module offers an
introduction into trademarks and geographical indications and explains the different
modes of registration of intellectual property rights and research tools for patent and
trademark landscaping. The introduction is taught by academics, former trade
negotiators and experienced practioners.

Exams and Grades:

24 hours take home assignment to be released on Thursday after class.

Schedule

Class Date Day Time Lecturer Topic

1 21 June Monday 09:00-12:00 Thomas Cottier Foundations

14:00-16:00 Thomas Cottier Legal Principles of IPRs

2 22 June Tuesday 09:00-12:00 Thomas Cottier Main Forms Scope

of IPRs

14:00-16:00 Thomas Cottier Nature of IPRs &

relation to HR
3 23 June Wednesday 09:00-12:00 Erik Thevenod Mottet Geographical
& Martin Girsberger Indications & the
Protection of TK
14:00-16:00 Kathrin Rüegsegger Patent Protection &
Public Health
4 24 June Thursday 09:00-12:00 Jayashree Watal Economics of IPRs

14:00-17:00 Matthias Käch IGE Trademark Protection

5 25 June Friday 09:00-12:00 Kamran Houshang IGE Registration of Patents

Pour & & Trademarks
Matthias Käch

14:00-16:00 Kamran Houshang Patent & Trademark

Pour & Landscaping
Julie Poupinet
6 26 June Saturday Take-home assessment

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Biography of the Lecturers:

Thomas Cottier
Prof.em. Thomas Cottier, former Managing Director of the World Trade Institute, is
Professor Emeritus of European and International Economic Law at the University of Bern.
He published widely in the field of international economic law, with a particular focus on
constitutional theory and intellectual property. He directed the national research
programme on trade law and policy (NCCR International Trade Regulation: From
Fragmentation to Coherence) located at the WTI from 2006-2014. He is an associate
editor of several journals. He was a visiting professor at the Graduate Institute, Geneva,
the Paris I Sorbonne, University of Barcelona, and regularly teaches at the Europa Institut
Saarbrücken, Germany, at Wuhan University, China, at the University of Torino and more
recently at the University of Ottawa, Canada. He was a member of the Swiss National
Research Council from 1997-2004 and served on the board of the International Plant
Genetic Resources Institute (IPGRI) Rome during the same period. He served the Baker &
McKenzie law firm as Of Counsel from 1998 to 2005. He held several positions in the Swiss
External Economic Affairs Department and was the Deputy-Director General of the Swiss
Intellectual Property Office. Prof. Cottier has a long-standing involvement in GATT / WTO
activities. He served on the Swiss negotiating team of the Uruguay Round from 1986 to
1993, first as Chief negotiator on dispute settlement and subsidies for Switzerland and
subsequently as Chief negotiator on TRIPs. He has served as a member or chair of several
GATT and WTO panels and served on a high level panel reviewing the International
Health Regulations of the World Health Organization.

Jayashree Watal
Ms. Watal is Adjunct Professor at Georgetown Law and Honorary Professor at the
National Law University, Delhi. She was Counsellor in the Intellectual Property Division of
the World Trade Organization from February 2001 to July 2019, where she has dealt with
negotiations on TRIPS and public health. She has more than twenty two years of
experience in government in India, of which ten years was devoted to policy,
diplomacy, research and administration on intellectual property rights, including
representing India in the TRIPS negotiations. She has researched and published on issues
related to intellectual property rights, including a book Intellectual Property Rights in the
WTO and Developing Countries (Oxford University Press, India and Kluwer Law
International, 2001). She was a Visiting Scholar at the Center for International
Development at Harvard University (2000) and at the Institute for International
Economics, Washington DC (Oct. 1998-August 2000) and at the George Washington
University Law School, Washington, D.C. (1997- 2000). She worked in the Government of
India, Ministry of Commerce as Director, Trade Policy Division, New Delhi (1995-1998). She
has a post-master's degree in trade law (DESS) from the University of Paris-V; M.A. in
Economics from Gokhale Institute for Politics and Economics, Pune, India; and a B.A. from
Fergusson College, Pune, India.

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Matthias Käch
Matthias Käch served as Head of Training at the Swiss Federal Institute of Intellectual
Property (IGE) for seven years. He started working for the Trade Mark Division of the IGE
twenty-two years ago as trade mark examiner. After receiving a DAS in Intellectual
Property Rights at the University of Bern in 2004 he worked as a member of the trade mark
opposition section as well. In 2009 he started lecturing as an IP-Trainer regarding all fields
of intellectual property with the main emphasis on trade mark law. In 2010 he received
a MAS in Brand- and Marketing Management at the University of Applied Science in
Luzern. Since 2011 he was Head of Training and offers today lectures as Senior IP-Trainer.

Kamran Houshang Pour

Dr. Kamran Houshang Pour is patent expert and IP trainer at Swiss Institute of Intellectual
Property (IPI) in Bern. After obtaining a PhD in physics at the EPF Lausanne he worked as
product manager at Nortel Networks in Zurich, where he conducted yield improvement
projects for the existing products, qualified new products and introduced them into the
market. He later cofounded a consulting entity providing technical supports especially
for young start-ups by the quality management as well as by the technical questions.
After a master in statistics at the Université de Neuchâtel he returned as Post Doc to EPFL
(TRANSP-OR) conducting an externally financed project on modelling customer
behaviour. Since 2008, he is working at IPI, where, as patent expert, he conducts different
type of patent searches, such as validity or freedom-to-operate searches, and examines
patent applications in his field of knowledge. Since 2011, and as IP trainer, he gives
lectures on diverse intellectual property subjects at the universities and in the companies.
In 2019 he received the Master degree in Intellectual Property Law and Management
(LLM) from the University of Strasbourg.

Erik Thévenod-Mottet
Erik Thévenod-Mottet is advisor at the Swiss Institute of Intellectual Property for national
and international affairs on geographical indications (GIs) and indications of source,
since 20009. He previously worked as a researcher within European scientific projects, as
well as in a certification body or for interprofessional organisations, always in relation to
GIs.

Martin Girsberger
Martin Girsberger is Head of the unit ‘Sustainable Development & International
Cooperation’ at the Swiss Federal Institute of Intellectual Property (IPI), where he has
been working since 1998. He is responsible for the intellectual property-related aspects
of sustainable development, including biodiversity, environment, and food and
agriculture. He has been a member of the Swiss delegations to the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and
Folklore of the World Intellectual Property Organization; the TRIPS Council; and the
Convention on Biological Diversity. Additionally, he is responsible for the international
cooperation activities of the IPI, which aim at improving the economic situation in
countries through reforms in the field of intellectual property. Martin Girsberger holds an
Attorney at Law, a Dr. iur. (University of Berne), and an LL.M.–degree (Duke Law School).
He is the author of several publications covering the issues of traditional knowledge,
Farmers’ Rights, access and benefit sharing, and intellectual property.

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Julie Poupinet
Julie Poupinet is head of an examination team and of the trademark search team at the
Swiss Institute of Intellectual Property (IPI) and responsible for the implementation of the
Madrid System at IPI as a designated country. In this capacity she represents Switzerland
at the Working Group on the legal development of the Madrid System at WIPO.
Previously she occupied several positions in the trademark division giving her a broad
overview of the practices at IPI.

Kathrin Rüegsegger
Kathrin works as an advisor on innovation, intellectual property and public health at IPI.
She holds a master’s degree in International and European Law from the University of
Bern and a bachelor’s degree in International Relations from the University of Geneva.
She grew up bilingually in Zurich with German and English and is fluent in Spanish and
French is well. Kathrin is very passionate about the field of international negotiations.
Together with Prof. Felix Addor, she is responsible for organizing the Model United
Nations’s Seminar at the University of Bern as well as teaching the students basic skills in
negotiations.

Learning Objectives:
 To understand the rationale and motivation, sources, basic underlying principles,
rights and obligations of different forms of the international intellectual property
protection, with particular focus on the TRIPs Agreement and its operation within
the WTO and PTAs.
 To appreciate the key economic trade-offs associated with the protection and
enforcement of intellectual property rights.
 To understand the interpretation of the TRIPs Agreement and familiarise with
main TRIPs-related jurisprudence of the WTO on national treatment in IPRs and
interpretation of the TRIPs Agreement in the context of the WTO.
 To understand to role of Preferential Trade Agreements in the field of IPRs.
 To understand the main forms of intellectual property rights (IPRs), in particular
the protection of inventions, how to get and how to enforce or invalidate them.
 To understand the role of protection against unfair competition and its potential
in the multilateral trading system
 To discuss the main interconnection between intellectual property rights,
innovation and global health.
 To deepen knowledge and assess the linkages of trademark protection, unfair
competition, technical barriers to trade and health in a WTO case study
 To understand the interface of – and to differentiate between – the legal,
economic and policy dimension of international disputes.
 To get to know some of IPI’s tasks and services.

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 To get to know the different patent application procedures.

 To understand the legal delays with patents.
 To understand the necessity of patent researches

Monday, June 21, 2021

Lecturer: Thomas Cottier
Subject: Foundations & Legal Principles of IPRs

Topics: Introduction to Intellectual Property

o The Legal Concept and Functions of Intellectual Property
o A Brief History of Intellectual Property Protection
o The Genesis of the TRIPS Agreement

 Common Features and Basic Principles of the International IPR System

o National Treatment and Reciprocity
o Most Favored Nation Treatment
o Territoriality
o Promotion of Creativity, Invention and Competition
o Ubiquity and Exhaustion of Rights
o Right of Priority
o Duration of Intellectual Property Rights
1. TRIPS Agreement Norms on Duration
2. Berne Convention Norms on Duration

Compulsory Reading Material

 Cottier, T., Principles, Sources and Interpretation of International Intellectual
Property Law, Berne: Unpublished Teaching Materials, 2020.
 Thomas Cottier, The TRIPs Agreement (2005)
 Thomas Cottier, Embedding Intellectual Property in International Law (2017)

 Intellectual Property and Mega-Regionals Trade Agreements: Progress and

Opportunities Missed (2017).

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 Optional Materials
 Abbott, Fred / Cottier Thomas / Gurry Francis: Intellectual Property in an Integrated
World Economy 4th edition (New York: Wolter Kluwer 2019)
 Thomas Cottier, Krista Nadakvularen Schefer (eds), Elgar Encyclopaedia of Public
International Law, Cheltenham, Northampton 2017, pp. 516-537.
 Thomas Cottier, Matthias Oesch, International Trade Regulation: Law and Policy
in the WTO, The European Union and Switzerland, Bern London 2005 p. 924-928
 Thomas Cottier, The World Intellectual Property Organization, Max Planck
Encyclopedia of Public International Law (update Oxford University Press 2018).
 Agreement on Trade-Related Aspects of Intellectual Property Rights (included in
the WTO Legal Texts)
 Paris Convention for the Protection of Industrial Property,
 Berne Convention for the Protection of Literary and Artistic Works
 WIPO, Intellectual Property Handbook: Policy, Law and Use, Geneva: WIPO
Publications, 2004.
Available at: http://www.wipo.int/about-ip/en/iprm/index.html
 WIPO, Intellectual Property Handbook: Policy, Law and Use, Geneva: WIPO
Publications, 2004. Chapter 5: International Treaties and Conventions on
Intellectual Property,
Available at: http://www.wipo.int/about-ip/en/iprm/index.html
 Additional WIPO Intellectual Property Agreements,
Available at: https://www.wipo.int/treaties/en/

Tuesday, June 22, 2021

Lecturer: Thomas Cottier
Subject: Main Forms Scope of IPRs & the Nature of IPRs & relation to HR
Topics:
 Unfair Competition Law and Survey of Different Forms of IP including Unfair
Competition Law
o The Protection of Unfair Competition
o Copyright and Neighbouring Rights
o Trademarks and Geographical Indications
o Patents
o Industrial Designs and Integrated Circuits
o Trade Secrets and Undisclosed Information

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 The Scope of Intellectual Property Rights

o Rights
o B. Exceptions
o C. Voluntary Licensing
o D. Compulsory Licensing
o E. Relationship to Anti-trust and Competition Law

Compulsory Reading Material

 Thomas Cottier, Parallel Trade and Exhaustion of Intellectual Property in WTO
Law Revisited,(2020)
 Thomas Cottier, Shahezza Lalani, Michelangelo Timmermann Use It or Lose It:
Assessing the Compatibility of the Paris Convention and TRIPS Agreement with
Respect to Local Working Requirements,(2014)
 Thomas C ottier, Gabriela Wermelinger, Implementing and Enforcing Corporate
Social Responsibility: The Potential of Unfair Competition Rules in International
Law (2014),
 Thomas Cottier, Copyright and the Human Right to Property: a European and
international law approach (2018)

Optional Reading Materials

 See Monday, and:
 Cottier, T., Industrial Property Protection – International Protection, Encyclopaedia
of Public International Law, Oxford: Oxford University Press, 2010.
 Cottier, T. and Véron, P. (eds.), Concise International and European IP Law – TRIPS,
Paris Convention, European Enforcement and Transfer of Technology, Alphen aan
den Rijn: Kluwer Law International, 3rd ed 2105.
 Cottier, T., Trade and Intellectual Property Protection in WTO Law: Collected
Essays, London: Cameron May, 2005.

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Wednesday, June 23, 2021

Morning session 09:00 – 12:00

Lecturers: Erik Thevenod-Mottet and Martin Girsberger

Subject: Geographical Indications, the Protection of TK & Trademark protection part 1

Topics
Geographical Indications:
 Nature and protection of GIs
 International debates
 GIs and innovation

Traditional Knowledge:
 Notions of “genetic resources,” “traditional knowledge” and “biopiracy.”
 International fora involved.
 Measures available to protect traditional knowledge.

Reading Materials:
You need to have with you for the exercise in class:
 Agreement on Trade-Related Aspects of Intellectual Property Rights (included in
the WTO Legal Texts), in particular Art. 17 & 22 to 24;
 The Paris Convention for the Protection of Industrial Property, Articles 10, 10bis and
10ter.

Compulsory Reading
Geographical Indications:
 TRIPS: Geographical Indications. Background and the current situation
 What is a Geographical Indications? (WIPO)
Traditional Knowledge:
 WIPO, Background Brief No. 1, Traditional Knowledge and Intellectual Property.

 If you require more information on specific terminology, please consult the

Glossary of Key Terms listed below in “Suggested readings”.

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Optional Reading Materials

Geographical Indications
 Guide to Geographical Indications. Linking Products and their Origins.
International Trade Center, 2009.
 Hughes, Justin, Champagne, Feta, and Bourbon - the Spirited Debate About
Geographical Indications. Hastings Law Journal, Vol. 58, p. 299, 2006; Cardozo
Legal Studies Research Paper No. 168. Available at SSRN:
https://ssrn.com/abstract=936362
 Why Geographical Indications for Least Developed Countries? UNCTAD, 2016.
 WIPO Case Studies on Geographical Indications and Appellations of Origin.

Traditional Knowledge:
 WIPO, Glossary of Key Terms Related to IP and Genetic Resources, Traditional
Knowledge and Traditional Cultural Expressions.

 WIPO, Intellectual Property and Genetic Resources, Traditional Knowledge and

Traditional Cultural Expressions, 2020, WIPO Publication No. 933E.

 Additional optional readings can be found on the WIPO website:

o “Publications, Studies and Documents,” and

o “Frequently Asked Questions.”

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Afternoon Session 14:00 – 16:00

Lecturer: Kathrin Rüegsegger
Subject: Patent Protection & Public Health

Topics
A. The access issue: interplay between patent protection and access to medicines
B. The international policy debate and initiatives at the multilateral level; way forward
C. Case Study on the TRIPS waiver proposal; discussion

Background Documents:
You don’t have to read the following documents, but you have to bring them with you
to class
 WTO (1994) TRIPS Agreement, Articles 27-34, 39, 63, 65-66:
http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm
 WTO Website, WTO Ministerial Declaration on the TRIPS Agreement and Public
Health, 14 November 2001:
https://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm
 WTO Website, WTO GC Decision on Paragraph 6 of the Doha Declaration on the
TRIPS Agreement and Public Health, 30 August 2003:
http://www.wto.org/english/tratop_e/trips_e/implem_para6_e.htm
 WTO Website, WTO General Council’s Decision on the Amendment of the TRIPS
Agreement, 6 December 2005:
http://www.wto.org/english/news_e/pres05_e/pr426_e.htm

Compulsory Reading Material

 Hilty, R.M et al, Covid-19 and the Role of Intellectual Property, Position
Statement of the Max Planck Institute for Innovation and, Competition, 7 May
2021:https://www.ip.mpg.de/fileadmin/ipmpg/content/stellungnahmen/2021_
05_07_Position_statement_Covid_IP_waiver.pdf.
 Mazzucato, M. ; Ghosh, J. and Torreele, E: To control the pandemic, it is
essential to suspend intellectual property rights on medical products related to
covid-19, Economist, 20 April 2021: https://www.economist.com/by-
invitation/2021/04/20/mariana-mazzucato-jayati-ghosh-and-els-torreele-on-
waiving-covid-patents.
 McMurry-Heath, Michelle: Patents are the reason that covid-19 vaccines exist.
Waiving them would undermine our response to this pandemic and future
health emergencies, Economist, 20 April 2021: https://www.economist.com/by-
invitation/2021/04/20/michelle-mcmurry-heath-on-maintaining-intellectual-
property-amid-covid-19.

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 WTO, Fact Sheet: The Paragraph 6 System: Special Export Licenses for Medicines,
2013, pp. 1-6: https://www.wto.org/english/tratop_e/trips_e/tripsfacsheet_e.htm
 WTO, News release: WTO IP rules amended to ease poor countries’ access to
affordable medicines, 23 January 2017:
https://www.wto.org/english/news_e/news17_e/trip_23jan17_e.htm
 WTO, Fact Sheet TRIPS and pharmaceutical patents, September 2006,
https://www.wto.org/english/tratop_e/trips_e/factsheet_pharm00_e.htm
 The Economist, The drugs industry – Battling borderless bugs, 7 January 2012 (2pp.):
http://www.economist.com/node/21542410
 Abbott, F. M., The LDC Medicines Extension Question: Contemplating Next Steps
(September 24, 2014). Bridges Africa: Trade and Sustainable Development News
and Analysis on Africa, Vol. 3, No. 8, pp. 15-17, 2014; Available at SSRN:
http://ssrn.com/abstract=2503692
 Krattiger, A., Promoting Access to Medical Innovation, WIPO Magazine,
September 2013 (4pp.):
https://www.wipo.int/wipo_magazine/en/2013/05/article_0002.html

 Saez, C., LDC Pharma IP Waiver Until 2033 Approved By WTO TRIPS Council,
Intellectual Property Watch, 6 November 2015 (2pp.): http://www.ip-
watch.org/2015/11/06/ldc-pharma-ip-waiver-until-2033-approved-by-wto-trips-
council/

Suggested readings:
 http://documents.epo.org/projects/babylon/eponet.nsf/0/4E8744EB66E8F944C1257
7D600598EEF/$File/espacenet_brochure_en.pdf

Optional Readings (if interested)

 UNAIDS Technical Brief, Doha+10 TRIPS Flexibilities and Access to Antiretroviral
Therapy: Lessons from the Past, Opportunities for the Future, 2011:
http://www.unaids.org/en/media/unaids/contentassets/documents/unaidspubli
cation/2011/JC2260_DOHA+10TRIPS_en.pdf
 The United Nations Secretary-General's High-Level Panel on Access to Medicines
Report Promoting Innovation and Access to Health Technologies, September
14, 2016 by UN Secretary-General and Co-Chairs of the High-Level Panel:
http://www.unsgaccessmeds.org/final-report/
 WHO/WIPO/WTO, Promoting Access to Medical Technologies and Innovation -
Intersections between public health, intellectual property and trade, A joint
study by the World Health Organization, World Intellectual Property Organization
and World Trade Organization Secretariat, 2012:

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https://www.wipo.int/edocs/pubdocs/en/global_challenges/628/wipo_pub_628
.pdf
 WTO Website, TRIPS and Health: Frequently Asked Questions on compulsory
licensing of pharmaceuticals and TRIPS:
http://www.wto.org/english/tratop_e/trips_e/public_health_faq_e.htm
 WTO Website, Pharmaceutical Patents and the TRIPS Agreement:
http://www.wto.org/english/tratop_e/trips_e/pharma_ato186_e.htm
 Abbott, F.M., Intellectual Property and Public Health: Meeting the Challenge of
Sustainability, Global Health Programme Working Paper No. 7/2011, November
15, 2011, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1965458
 Abbott, Frederick M., The WTO Medicines Decision: World Pharmaceutical Trade
and the Protection of Public Health. American Journal of International Law, Vol.
99, pp. 317-58, 2005. Available at SSRN: http://ssrn.com/abstract=763224
 Addor, F., Swiss Initiative Seeks To Dispel « Black-And-White » View of Patents,
Intellectual Property Watch, 19 December 2006:
https://www.ige.ch/fileadmin/user_upload/recht/national/e/2006_12_19_IP_Wat
ch_Swiss_initiative.pdf
 Holman C., Minssen T., Solovy E., Patentability Standards for Follow-On
Pharmaceutical Innovation, 1 June 2018:
https://www.liebertpub.com/doi/full/10.1089/blr.2018.29073.cmh
 Swiss Federal Institute of Intellectual Property, Swiss health foreign policy and
access to therapeutic products: https://www.ige.ch/en/intellectual-property/ip-
and-society/swiss-health-foreign-policy-and-access-to-therapeutic-
products.html

Thursday, June 24, 2021

Morning Session 09:00 – 12:00

Lecture: Jayashree Watal

Subject: Economics of Intellectual Property Rights

Topics:

 The economic trade-offs of Intellectual Property Rights

o Difference between legal and economic classification of IPRs
o Economics of Patents, including in the pharmaceutical sector

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o Trademarks
o Geographical Indications
o Copyright

 Costs and benefits of IPRs in developing countries

o Technology transfer
o Access to Medicines
o Climate Change

Compulsory Reading Material

 WTO: The Economic of TRIPS, a primer available at

https://www.wto.org/english/tratop_e/trips_e/trips_econprimer1_e.pdf

 WTO: Changing the Face of IP Trade and Policy Making, available at

https://www.wto.org/english/thewto_e/20y_e/trips_brochure2015_e.pdf

 Maskus, Keith. E: ‘Globalisation and the Economics of IPRs’, Chapter 3 of

Intellectual Property Rights in the Global Economy, Peterson Institute for
International Economics, 2000, full text available at
https://www.piie.com/publications/chapters_preview/99/3iie2822.pdf

Optional Reading Materials

 Maskus, Keith. E: ‘Big Stakes in Selling Knowledge’, Chapter 1 in Private Rights

and Public Problems: The Global Economics of Intellectual Property in the 21st
Century, Peterson Institute for International Economics, 2012, full text available at
https://www.piie.com/publications/chapters_preview/5072/01iie5072.pdf

 Maskus, Keith. E: ‘IPRs and Global Policy Challenges’, Chapter 5 in Private Rights
and Public Problems: The Global Economics of Intellectual Property in the 21st
Century, Peterson Institute for International Economics, 2012, full text available at
https://www.piie.com/publications/chapters_preview/5072/05iie5072.pdf

 WIPO: The Economics of Intellectual Property, Chapter 1, available at

http://www.wipo.int/export/sites/www/freepublications/en/economics/1
012/wipo_pub_1012.pdf

 Penrose, Edith T: The Economics of the International Patent System, The Johns
Hopkins Press, 1951.

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 Summer Academy 2021
Module I: Foundations and Challenges

Afternoon Session 14:00 – 16:00

Lecture: Matthias Käch

Subject: Trademark protection

Topics
 Absolute grounds of refusal
o Descriptive terms
o Misleading signs
o Signs contrary to public order or morality

 Relative grounds of refusal

o Similar trade marks
o Similar goods and services
o Likelihood of confusion
o Comparison to unfair competition
o Use of trade marks

Compulsory Reading Material

 Absolute Grounds of Trademark Refusal:

http://www.wipo.int/export/sites/www/sct/en/meetings/pdf/wipo_strad_inf_5.p
df

Optional Readings (if interested)

 WIPO: Making a Mark - An Introduction to Trademarks for Small and Medium-
Sized Enterprises. (This practical guide for small and medium-sized
enterprises explains how to use them strategically to help build and
protect your brand)
http://www.wipo.int/publications/en/details.jsp?id=4208&plang=EN

 WIPO: In Good Company: Managing Intellectual Property Issues in Franchising.

(Packed with examples and tips, this practical guide for business people
outlines different types of franchise and takes you through the franchising
process, identifying the key issues to consider at each stage)
www.wipo.int/publications/en/details.jsp?id=271&plang=EN

Friday, June 25, 2021

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 Summer Academy 2021
Module I: Foundations and Challenges

Morning session: 09:00 – 12:00

Lecture: Kamran Houshang Pour & Matthias Käch

Subject: IGE Registration of Patents & Trademarks

Topics
 The Madrid System
 EUIPO trade mark
 European Patent Application system at EPO
 PCT Application

Compulsory Reading

 WIPO: http://www.wipo.int/pct/en/faqs/faqs.html
 http://www.wipo.int/classifications/ipc/en/faq
 WIPO: The International Trademark Registration Process
www.wipo.int/madrid/en/how_madrid_works.html
 WIPO: About the Nice Classification:
www.wipo.int/classifications/nice/en/preface.html
 WIPO: http://www.wipo.int/pct/en/faqs/faqs.html
 http://www.wipo.int/classifications/ipc/en/faq/
 https://www.epo.org/service-support/faq/own-file.html

Optional Reading Materials

 WIPO: Guide to the International Registration of Marks under the Madrid

Agreement and the Madrid Protocol (2018). (The guide leads through the
various steps of the international registration procedure and explains the
essential provisions of the Madrid Agreement, the Madrid Protocol and the
Common Regulations)
www.wipo.int/publications/en/details.jsp?id=4440&plang=EN

 WIPO: Protocol Relating to the Madrid Agreement Concerning the International

Registration of Marks; Regulations; Administrative Instructions; Schedule of Fees.
www.wipo.int/publications/en/details.jsp?id=4484&plang=EN

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 Summer Academy 2021
Module I: Foundations and Challenges

 WIPO: Madrid Yearly Review 2019 – Executive Summary; International Registrations of

Marks (This executive brief identifies key trends in the use of the WIPO-administered
Madrid System) www.wipo.int/publications/en/details.jsp?id=4427&plang=EN

 Espacenet Assistant, an e-learning module, https://www.epo.org/searching-for-

patents/technical/espacenet.html#tab1

 http://documents.epo.org/projects/babylon/eponet.nsf/0/8C12F50E07515DBEC125
81B00050BFDA/$File/espacenet-pocket-guide_en.pdf

Afternoon session: 14:00 – 16:00

Lecture: Julie Poupinet & Kamran Houshang Pour

Subject: Patent & Trademark Landscaping

Topics: Patent Landscaping:

 Patent Searches
 Statistical Patent Analysis
 Patent Landscaping based on Statistical Analysis

Trademark landscaping:
- The importance of searching
- Do-it-yourself search vs. professional search

Compulsory Reading
Trademark landscaping
No additional reading required

Optional Reading Materials

 WIPO Guidelines for Preparing Patent Landscape Reports
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_946.pdf

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