Methodology of Teaching

Professor Michael Blakeney

Queen Mary Intellectual Property

Research Institute

M.Blakeney@qmipri.org

Potential Students for IP Teaching

• Law Students

• Trainee Patent and Trademark Agents

• Patent and Trademark Office Officials

• Judges

• Lawyers

• IP Executives

• Public Awareness

On-line Materials for Law Students

Gateways and portals

Findlawhttp://www.findlaw.com/01topics/23intellectprop/index.htmlA comprehensive collection of IP resources.

Hieros Gamoshttp://www.hg.org/intell.htmlThis section focuses on 'the regulation of intangible rights regarding ideas, and tangible rights to use particular trademarks, patents and copyrights to produce goods and services. Yahoohttp://dir.yahoo.com/Government/law/intellectual_property/

On-line document collections

• Bitlawhttp://www.bitlaw.com/BitLaw is a comprehensive Internet resource on technology law, containing over 1,800 pages on patent, copyright, trademark, and Internet legal issues. Links to Patent and other Intellectual Property Information Resourceshttp://www.bl.uk/collections/patents.htmlThis site provides links to free databases for patent searching; trade mark links to databases in trade marks, some free of charge, from anywhere in the world; links to intellectual property authorities around the world and a comprehensive list of other important websites on patents and intellectual property in general.

• UK Intellectual Property on the Internethttp://www.intellectual-property.gov.uk/This government-backed site offers links to IP resources and a useful section on current IP news items.

• Franklin Pierce Law Center Intellectual Property Mallhttp://www.ipmall.fplc.edu/

Treaties and Conventions

Convention on the Grant of European

Patents (European Patent Convention)

http://www.european-patent-

office.org/legal/epc/

WIPO Treaties

http://www.wipo.int/treaties/

WTO Treaties

http://www.wto.int

On-line journals• Intellectual Property Magazine

http://www.law.com/professionals/iplaw.htmlA quarterly online magazine addressing covering issues in law and policy for high technology.

• Intellectual Property and Technology Forumhttp://infoeagle.bc.edu/bc_org/avp/law/st_org/iptf/articles/index.htmlThis site belonging to the Boston College Law School offers current news, opinions in intellectual property & technology law; in-depth discussions on specific topics; and opinion, editorial, speeches, and responses to other pieces on intellectual property and technology policy.

• IP World Onlinehttp://www.ipworldonline.com/ipi/ipwo/home.jspSite contains news, case comment, and articles from leading practitioners.

• Journal of Intellectual Property Lawhttp://www.law.uga.edu/jipl/Edited by the students of the University of Georgia School of Law, the internet edition publishes critical and analytical articles from leading academics and practicing attorneys as well as student-written notes

• Journal of Technology Law & Policyhttp://grove.ufl.edu/~techlaw/links/This site provides an index of links to mostly US journals on technology and IP arranged by state.

• Texas Intellectual Property Law Journalhttp://www.utexas.edu/law/journals/tiplj/Articles submitted for publication in this journal are written by academics, practitioners, and students from around the world. The full text of which is also currently available on-line via the LEXIS® legal research services database.

Organizations

• European Patent Officehttp://www.european-patent-office.org/Lex Mercatoria (International Trade/Commercial Law Monitor)http://www.jus.uio.no/lm/intellectual.property/toc.htmlLex Mercatoria is an international/transnational commercial law & e-commerce infrastructure monitor. Link are available to resources on the protection of IP in the fields of copyright, domain names, industrial designs, patents and trademarks.

• OAMI-ONLINE (European Community Trademark Database)http://oami.eu.int/EN/guide.htmOAMI-ONLINE is the web site of the 'Office for Harmonization in the Internal Market'. Its purpose is to improve public awareness and for the dissemination of information on Community trade marks and, in the future, designs.

• UK Patent Officehttp://www.patent.gov.uk/Provides information on patents, trade marks, copyright and intellectual property.

• WIPO (World Intellectual Property Organization)http://www.wipo.int/

Interest groups and otherAmerican Intellectual Property Law Association (AIPLA)

http://www.aipla.org/comprehensive list of links to US IP legal texts and IP organisations world-wide.

D'Angelo Law Library Internet Resources on Researching International Intellectual Property Lawhttp://www.lib.uchicago.edu/~llou/intlip.htmlthis site lists useful links to resources

ECUP European Copyright User Platformhttp://www.eblida.org/ecup/information on European copyright developments, this site provides links to Legislation ( Treaties, EU Directives, national laws, case law, recent initiatives, position papers etc.); ECUP documents (Ecup-docs); ECUP news (Ecup-news); Journals include the Journal of Information Law & Technology (University of Warwick) available in full-text from 1996 onwards.

Intellectual Property Rights (IPR) Helpdeskhttp://www.cordis.lu/ipr-helpdesk/en/home.htmlIntellectual Property & Technology Forumhttp://www.bc.edu/bc_org/avp/law/st_org/iptf/The Intellectual Property and Technology Forum at Boston College Law School is a legal publication that provides academic papers and discussions on current technology law & IP topics.

Legal Research Guide on Intellectual Property Lawhttp://www.virtualchase.com/resources/ip.shtmlA US Government-sponsored site, it provides a comprehensive index of links to US federal agencies, international IP-related organisations and a section listing 'top resources in IP law'.

Oxford Intellectual Property Research Centrehttp://www.oiprc.ox.ac.uk/To access full-text working papers and other documents dating from late 1998, follow the link OIPRC Electronic Journal of Intellectual Property Rights to the Working and Seminar Paper Series, published by members and guests of the Centre to facilitate exchange of information and feedback.

WIPO Intellectual Property Digital Library

Home > News & Information Resources > Intellectual Property Digital Library

• Intellectual Property Digital Library

• Search: Database:

• The Intellectual Property Digital Library Web site provides access to intellectual property data collections hosted by the World Intellectual Property Organization. These collections include PCT (Patents), Madrid (Trademarks), Hague (Industrial Designs), Article 6ter (State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations) and others.Access a detailed index of all IPDL data collections.

• The form above allows you to conduct a simple search for terms occurring within any field of a given database. For a more advanced interface allowing fielded term searches, please select a database from the left-hand menu. Frequent users who would like to maintain a search query history across connections should set up a free user account.

Franklin Pierce IP Mall

www.ipmall.info> August 2 - September 16-17, 2005 -- Pierce Law's 17th Advanced IP Law & Practice

Symposium on Life Science IP in Europe, The Langham Hotel, Boston.> August 2 - New U.S. Government IP Resources database posted!> August 2 - New GIN (Global IP Network) publications, "Treatises held by Franklin Pierce Law Center Library on Traditional Knowledge and Related Topics" & "Public Art? A Handbook for Artists" posted!> July 19 - New - Trademark Registration Proactice Online Course!> June 22 - Congressional Research Service Reports updated!> June 13 - New - IP India - A Comprehensive Collection of Indian IP Resources> May 19 - New - Trademark Trial and Appeal Board (TTAB) Final Decision Archive 1984 - 1996> April 29 - New - Board of Patent Appeals and Interferences (BPAI) Final Decision Archive 1984 - 1993> April 29 - Seventh Basic Patent Cooperation Treaty Seminar - Courtyard Marriott Grappone Conference Center - April 29-30, 2005!> April 1 - NH Bar Association IP Law Section updated!> April 1 - Pierce Law IP Course Exams updated!

> Over 2,700 online resources in our IP Links!

Association of Research Libraries

www.arl.org

• Major Copyright Statutes

• Digital Millennium Copyright Act of 1998 (P.L. 105-304, 10/28/98)

• Copyright Term Extension Act of 1998 (P.L. 185-298, 10/27/98)

• Work Made for Hire and Copyright Corrections Act of 2000 (P.L. 106-379, 10/27/00)

• Technology, Education, and Copyright Harmonization (TEACH) Act(P.L. 107-273, 11/2/02)

• Copyright and IP Legislation

• CONFU, Final Report, 11/98

• Court Cases/Legal Decisions International Activities

• Orphan Works

• Additional Resources

• Federal Relations E-Newsletter (Copyright Issues Only)

• Copyright Articles in ARL Publications

Print Sources

• Books - Commercial publishers (Review

copies,law firms discards)

• Journals- Exchange schemes

• Documents – depository schemes

Professional Training (UK)

•Patent Agents Certificate (Chartered

Institute of Patent Agents)

•Trade Mark Agents Certificate (Institute of

Trade Mark Agents)

•Judicial Training Courses

•Law Office Training Courses

Patent Certificate - Outcomes• List conditions for patentability.

• Distinguish inventorship and ownership

• Enumerate exclusive rights conferred by patent.

• List conditions for the registration of models.

• List the conditions for the protection of designs.

• Describe national, region or PCT registration procedures.

• Distinguish patent, model and designs protection.

• Identify dealings in patents, utility models and designs.

• Appreciate infringements of IP rights.

Trademark Certificate Year 1

•Registrable Trade Marks

•Distinctiveness, Deception and Confusion

•Use

•Types of Applications – Classification, Service

Marks, Multiple Classes

•Absolute and Relative Grounds for Refusal

•Opposition

•Registry Practice- Registration

Trademark Certificate Year 2

Commercial Exploitation of Trade Marks

Registrable Transactions

Post Registration Practice and Maintenance Formalities

Revocation and Invalidity

WIPO – The Paris Convention, The Madrid System

Application Procedure Under the Agreement and the Protocol

The Community Trade Mark , OHIM Practice

Enforcement

Trade Mark Infringement

Criminal Provisions

Well Known Marks

Blogs

• http://www.marques.org/class46/

• http://patlit.blogspot.com/

• http://thespcblog.blogspot.com/

• http://the1709blog.blogspot.com/

• http://ipkitten.blogspot.com/

Use of blogs in teaching, eg IP Kat

7/21/2010 11:39 EPO: hearings in "broccoli and

tomato cases"

• German newspapers today report of protests outside

the EPO building in Munich yesterday relating to a

Broccoli patent? What is going on? News reports

state that farmers and Greenpeace activists were

among those protesting arguing that patents covering

"vegetables should never have been granted and

must be stopped" (read reports from Deutsche Welle

here and Bloomberg here and the IPKat's earlier post

here)

•

A look at the EPO's website helps to clarify what is at stake. At

hearings relating to the so-called "broccoli and tomato cases" (G

2/07, broccoli case and G 1/08 tomato case, more info can be

found on the EPO's website here) relating to "essentially biological

processes", the EPO's Enlarged Board in Munich is currently

looking at the question of ".... whether marker-assisted selection is

a biological breeding process or is a technical method and

therefore patentable. Its decision on the interpretation of the

relevant passage in the EPC and the definition of criteria to be

applied in the patent grant procedure is likely to be published by

the end of the year, but the judgment is unlikely to be announced

immediately after the hearing. The patentability of plants and

animals will not be discussed."

and correspond to phenomena which could occur in nature

without human intervention?

The following questions have been referred to the EPO's

Enlarged Board and a decision is likely to be taken

towards the end of this year.

"1. Does a non-microbiological process for the

production of plants consisting of steps of crossing and

selecting plants fall under the exclusion of Article 53(b)

EPC only if these steps reflect and correspond to

phenomena which could occur in nature without human

intervention?

…..

More information on the EPO's website can be found

here. Some further background relating to the Broccoli

patent controversy can be found on the website of

German Die Welt (in German).

Bilski-Monday, 28 June 2010

• At last, the Supreme Court's long-awaited ruling on the

standard of patentability of business method software patents

in In re Bilski has been handed down (you can read it in full

here). It's a 71-page decision. According to the headnote:

• "Petitioners’ patent application seeks protection for a claimed

invention that explains how commodities buyers and sellers in

the energy market can protect, or hedge, against the risk of

price changes. …The patent examiner rejected the application

on the grounds that the invention is not implemented on a

specific apparatus, merely manipulates an abstract idea, and

solves a purely mathematical problem. The court rejected its

prior test for determining whether a claimed invention was a

patentable ―process‖ under Patent Act, 35 U. S. C. §101—i.e.,

whether the invention produced a ―useful, concrete, and

tangible result,‖ see, e.g., State Street Bank & Trust Co v.

Signature Financial Group, Inc., 149 F. 3d 1368