What is intellectual property (IP)? How does the law facilitate and incentivize the creation, dissemination, and use of intangibles of considerable economic and cultural value through the grant of intellectual property rights (IPRs) and what are the distributional consequences of IPRs allocations? This course is designed to give students an introduction to intellectual property law by first examining what is captured in the concept of 'intellectual property' and the theoretical rationales for the protection of intellectual and industrial intangibles. To this end, students are invited to consider the implication of IP exclusions, the grant of exclusive property rights, the scope and duration of these rights, as well as the balancing mechanisms, including exceptions and defences, which can serve to protect the interests of users and the public in regulating IP. Not all forms of cultural, industrial, and intellectual production meet the normative prescriptions for acquiring title and those that do sometimes can secure double protection, raising IP overlaps in protection as another area for examination. What is classified as property and what is available for the taking as "public domain"? What is the significance of such distinction in the ability to extract value from these intangibles as business assets? This course offers a substantive introduction to specific areas of IP law (mainly copyright, trademarks and patents) to help navigate the Canadian landscape of protectable subject matter and scope of rights when advising businesses, and in building IP portfolios while avoiding litigation. The goal of this course is, equally, to teach you how to critically think about the normative and distributional consequences of IP, its transaction cost for businesses, and impositions for the exercise of expressive freedom.
What is intellectual property (IP)? How does the law facilitate and incentivize the creation, dissemination, and use of intangibles of considerable economic and cultural value through the grant of intellectual property rights (IPRs) and what are the distributional consequences of IPRs allocations? This course is designed to give students an introduction to intellectual property law by first examining what is captured in the concept of 'intellectual property' and the theoretical rationales for the protection of intellectual and industrial intangibles. To this end, students are invited to consider the implication of IP exclusions, the grant of exclusive property rights, the scope and duration of these rights, as well as the balancing mechanisms, including exceptions and defences, which can serve to protect the interests of users and the public in regulating IP. Not all forms of cultural, industrial, and intellectual production meet the normative prescriptions for acquiring title and those that do sometimes can secure double protection, raising IP overlaps in protection as another area for examination. What is classified as property and what is available for the taking as "public domain"? What is the significance of such distinction in the ability to extract value from these intangibles as business assets? This course offers a substantive introduction to specific areas of IP law (mainly copyright, trademarks and patents) to help navigate the Canadian landscape of protectable subject matter and scope of rights when advising businesses, and in building IP portfolios while avoiding litigation. The goal of this course is, equally, to teach you how to critically think about the normative and distributional consequences of IP, its transaction cost for businesses, and impositions for the exercise of expressive freedom.
