Intellectual Property LawIntellectual Property LawIntroduction Introduction

Victor H. BouganimWCL, American University

Victor H. Bouganim, WCL, American University, Spring 2001

Intellectual PropertyIntellectual Property Copyrights - protect original expressions of works

in the literary, musical and artistic fields.– Books, songs, dramatic works, computer programs,

movies, sculpture and paintings. Patents - protect products or processes which are novel

and non-obvious inventions.– Process, machine, manufacture or composition of matter (e.g.

drugs).– Plants patents - new varieties.

Designs - protect original visual shapes of products. [US - ‘design patent’].

Victor H. Bouganim, WCL, American University, Spring 2001

Intellectual PropertyIntellectual Property

Trademarks - protect distinctive symbols associated with goods or services.

– Including service marks, certification marks, collective marks and trade dress.

– Geographical indications.

Undisclosed Information - trade secrets and confidential information.

Victor H. Bouganim, WCL, American University, Spring 2001

Rights in InformationRights in Information

In rem: property rights Registered

– Patents Plant Varieties

– Trademarks Geographical Indications

– Industrial designs Semiconductor chips

Unregistered– Copyrights– Unregistered designs– Common Law

trademarks– Trade secrets (?)

Victor H. Bouganim, WCL, American University, Spring 2001

Constitutional FrameworkConstitutional FrameworkUS Constitution, Section 8US Constitution, Section 8

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

The Congress shall have power ...

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

Victor H. Bouganim, WCL, American University, Spring 2001

Universal Declaration of Human Rights

Article 27 Everyone has the right freely to participate

in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Victor H. Bouganim, WCL, American University, Spring 2001

Class DiscussionClass Discussion

What are the justifications of protecting intellectual property rights (IPR)? Why laws create such rights?

What are the differences between IPR and other property rights? What is the meaning of ‘property’ in relation to IPR?

What is the importance of IPR in the Information Society and the New Economy?

Victor H. Bouganim, WCL, American University, Spring 2001

IP Justification TheoriesIP Justification Theories

The Natural Rights The Natural Rights PerspectivePerspective

The Personhood The Personhood PerspectivePerspective

The Utilitarian / The Utilitarian / Economic Incentive Economic Incentive PerspectivePerspective

Victor H. Bouganim, WCL, American University, Spring 2001

IP JustificationIP Justification

Incentives Free Flow

Legal Protection for limited periodLegal Protection for limited period

Victor H. Bouganim, WCL, American University, Spring 2001

IP Balancing MechanismIP Balancing Mechanism

CreatorAuthor

DisseminatorsPublishers

UsersConsumers

Public Interest

Victor H. Bouganim, WCL, American University, Spring 2001

Balance of RightsBalance of Rights

Exclusive rights copyrights:

reproduction, publication, public performance and communication

patents: commercial exploitation

Limitations limited protection period

– copyrights:author’s life plus 70 years.

– patents: 20 years. ‘built-in’ safeguards

– fair use– compulsory licensing