Intellectual Property Law Introduction Victor H. Bouganim WCL, American University

Victor H. Bouganim, WCL, American University, Spring 2001 Intellectual Property F Copyrights - protect original expressions of works in the literary, musical and artistic fields. –Books, songs, dramatic works, computer programs, movies, sculpture and paintings. F 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. F Designs - protect original visual shapes of products. [US - ‘design patent’].

Victor H. Bouganim, WCL, American University, Spring 2001 Intellectual Property F Trademarks - protect distinctive symbols associated with goods or services. –Including service marks, certification marks, collective marks and trade dress. –Geographical indications. F Undisclosed Information - trade secrets and confidential information.

Victor H. Bouganim, WCL, American University, Spring 2001 Rights in Information In rem: property rights F Registered –Patents u Plant Varieties –Trademarks u Geographical Indications –Industrial designs u Semiconductor chips F Unregistered –Copyrights –Unregistered designs –Common Law trademarks –Trade secrets (?)

Victor H. Bouganim, WCL, American University, Spring 2001 Constitutional Framework US Constitution, Section 8 F 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; F The Congress shall have power... F 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 F 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. F 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 Discussion F What are the justifications of protecting intellectual property rights (IPR)? Why laws create such rights? F What are the differences between IPR and other property rights? What is the meaning of ‘property’ in relation to IPR? F What is the importance of IPR in the Information Society and the New Economy?

Victor H. Bouganim, WCL, American University, Spring 2001 IP Justification Theories F The Natural Rights Perspective F The Personhood Perspective F The Utilitarian / Economic Incentive Perspective

Victor H. Bouganim, WCL, American University, Spring 2001 IP Justification Incentives Free Flow Legal Protection for limited period

Victor H. Bouganim, WCL, American University, Spring 2001 IP Balancing Mechanism Creator Author Disseminators Publishers Users Consumers Public Interest

Victor H. Bouganim, WCL, American University, Spring 2001 Balance of Rights Exclusive rights F copyrights: reproduction, publication, public performance and communication F patents: commercial exploitation Limitations F limited protection period –copyrights:author’s life plus 70 years. –patents: 20 years. F ‘built-in’ safeguards –fair use –compulsory licensing