Basic Courses

The Basic Courses address virtually all fields of IP law, such as patent, copyright, trademark, and design law. In addition, they also cover the immensely important topics of jurisdiction and conflict of laws, European law, and competition law. The importance of the subjects taught in the Basic Courses is reflected by the fact that many of them are 2-credit-hour classes, and are weighted accordingly in the calculation of the final grade for the degree. Mandatory participation in these courses ensures that all graduates have acquired substantial knowledge in the core areas of IP law. Due to the case-oriented and interactive teaching style, substantial preparatory reading is required in addition to attending classes. While this increases the students’ workload, it enables them to efficiently grasp the subject matter and to actively participate in discussions and debates from the very beginning.

The following Basic Courses are offered:
_{(CH = credit hours, cp = credit points)}

European and International (WTO) Law (901-0; 1 CH, 1.5 cp)
(Möllers)
The legal structure of the EU and the EEA, including the legal constitution and tasks of main EU institutions; impact of principles set out in the EC treaty (such as the subsidiary principle, non discrimination and the "four freedoms," in particular free movement of goods and services); instruments for harmonization and their legal foundation in the EC treaty. History and background of the WTO treaty; institutions established under the treaty; central principles such as the MFN clause; and legal impacts and ongoing developments.

European and U.S. Competition Law (501-0; 1 CH, 1.5 cp)
(Kort)
A comparative analysis of the theoretical basis, policy aims, mechanisms and practice of European and U.S. competition (antitrust) law, in particular with regard to the cases decided. The survey includes merger control as well as the relevant practice of competition authorities and courts under European and U.S. law.

European Copyright Law (301-0; 2 CH, 3 cp)
(von Lewinski, Hugenholtz)
The theoretical foundation and historical development of copyright in selected EU countries (France/Germany/UK) and differences resulting therefrom (author's right vs. copyright systems, monism and dualism); prerequisites and scope of copyright protection and protection for neighboring rights according to German copyright law, with a comparative view to other EU countries; harmonization of copyright in the EU, including an overview on the existing directives, the state of implementation of the most recent directives, further harmonization projects, and ECJ case law in the field of copyright.

European Patent Law (201-0; 2 CH, 3 cp)
(Moufang, Prinz zu Waldeck, Straus)
The present state and future prospects of the European Patent system, including patentable subject matter, patentability requirements, and scope of protection under the European Patent Convention; patent prosecution before the European Patent Office; litigation of European patents, including jurisdictional questions; and an introduction to the proposed Community Patent Regulation and other proposed legislation in the patent field.

European, U.S. and International Design Law (402-0; 1 CH, 1.5 cp)
(Janis, Kur)
Protection requirements, scope of protection, and enforcement of design rights on the basis of harmonized national law in EU Member States; the Community design system, including the unregistered Community design; comparison of EU law with important divergent features in U.S. and Japanese design law; international design law, including the Hague system for international deposit of industrial designs, and provisions of relevance for design protection in TRIPS.

European, U.S. and International Trademark Law (401-0; 2 CH, 3 cp)
(Dinwoodie, von Bomhard, Kur)
Acquisition, scope of protection, and enforcement of trademark rights on the basis of harmonized national law in EU Member States as well as under the Community Trademark system, including a survey of ECJ case law and OHIM practice; comparison of EU law with important features of U.S. trademark law; international trademark law, including the Madrid system of international registration; provisions of relevance for trademark law in the Paris Convention and TRIPS.

International and Comparative Copyright Law (302-0; 2 CH, 3 cp)
(Brauneis, Ganea, Große Ruse-Khan)
Introduction to special features of U.S. and Japanese copyright law, as well as copyright law in other selected countries or regions; a detailed study of the international Conventions in the field of copyright and neighboring rights; prospects for further international harmonization, including specific matters of jurisdiction and conflict of laws.

International and Comparative Patent Law (202-0; 2 CH, 3 cp)
(Adelman/Rader, Katayama)
Study of differences between systems for acquiring patents, including patentability requirements, scope of protection and remedies for patent infringement under U.S. and Japanese law; detailed study of the respective international conventions (TRIPS, PCT, etc.); present state of discussion and prospects for further developments on the international level, e.g. in the context of the Doha round.

Jurisdiction and Conflict of Laws (902-0; 1 CH, 1.5 cp)
(Torremans)
Principles applied to determine the competence of courts and the applicable law under EU and U.S. law, with a focus on IP conflicts; problems arising in the EU under the Brussels Regulation; the specific relevance of jurisdiction matters and conflict of laws in the digital environment; and harmonization prospects.

Licensing of IP Rights (601-0; 1 CH, 1.5 cp)
(Ann, Hilty)
The legal context of licensing situations; appropriate terms and conditions in contracts; antitrust and misuse constraints; choice of law; jurisdiction.

Protection of Geographical Indications (503-0; 1 CH, 1.5 cp)
(Gangjee)
Further analysis of legal problems in the area of unfair competition and trade practices with a comparative view to the United States, including a survey on protection of geographical indications under EU and TRIPS.

Unfair Competition I (502-0; 1 CH, 1.5 cp)
(Ohly)
Concept of unfair competition and relation to IP; basic features of selected European unfair competition regimes; EU directives concerning unfair competition, especially misleading and aggressive business practices; ECJ jurisprudence.