AUGUST 2012 Mini-Courses (part of the Case Abroad at Home Program)
European Trademark Law and Traditional Knowledge
Instructor: Professor Giulio Zanetti (International Development Law Organization)
This course explores the role of trademarks, geographic indications, collective trademarks and certification marks in the wider body of European and international trademark law. The course examines the rules contained in international conventions, from the 1883 Paris Convention to TRIPs (1994) and examines the contributions given by the different approaches from the viewpoint of economic efficiency and fairness. The course also explores the role of international intellectual property mechanisms in protecting traditional knowledge, namely songs, folklore, and indigenous medicinal "products."
Professor Giulio Zanetti is Director, Strategic Networks Department, International Development Law Organization (IDLO), Rome Italy. He also serves as Visiting Professor at the Turin Master of Laws in Intellectual Property, jointly organized by the WIPO World Wide Academy and the University of Turin. Mr. Zanetti holds a First Class Honours Degree in Law with a focus on international law from the University of Turin and a Master of Laws in Intellectual Property and EC Law from the University of London, Queen Mary and Westfield College.
Intellectual Property Law in China (one credit)
- Instructor: Prof. Dr. Huang Wushuang, Associate Dean, Intellectual Property School, East China University of Political Science and Law
Comparative Digital Copyright (one credit)
- Instructor: Assistant Professor Peter Mezei, University of Szeged, Hungary
Cultural Aspects of Intellectual Property (one credit)
- Instructor: Professor Mira Sundara Rajan, Canada Research Chair in Intellectual Property Law, University of British Columbia School of Law
The course compared various legal and regulatory regimes from different countries on issues of copyright and moral rights. Students had an opportunity to compare a variety of cultures - European, Asian, and American - in terms of their legal protections for authors' rights and economic rights inhering in intellectual creations.
European Trademark Law and Geographic Indications (one credit)
- Instructor: Professor Marco Ricolfi, Torino Law School, Italy
The course explores the role of geographic indications, collective trade marks and certification marks in the wider body of European and international trademark law. It short, it looks at local traditions in a global word in the context of trademark law. The course examines the rules contained in international conventions, from the 1883 Paris Convention to TRIPs (1994); examines the contributions given by the different approaches from the viewpoint of economic efficiency and fairness.
In the last few decades, the tension between global markets and local traditions has emerged within the field of trademark law. Since the Napoleonic era, continental Europe, proud of its local traditions in wines and spirits, in foodstuff, in porcelain and other goods which incoroporate the wealth of local traditions, has advanced the case for strengthening the protection of local brands, such as Chianti, Rochefort and Limoges. The European Union has not abdicated this approach, striving to transfer it at a pan-european level by a system of federal registration of geographical indications. This approach is strongly resisted, in the name of openness of markets, by Anglo-Saxon countries, such as the US, UK and even Australia. Some of these have reasons contend that old country traditions, which travelled all the way to California or Queensland along with European immigrants, should not be reserved only to products originating from one single place of origin. In this perspective, certification marks are seen as the best tools to allow use of trade descriptions for all the firms which meet a pre-established set of standards. Developing countries have recently added their perspective, claiming that their own local productions should enjoy global protection.
Marco Ricolfi is Full Professor of Intellectual Property Law and Business Law at Torino Law School (Professeur Ordinaire, the highest academic rank). He is among the most prominent intellectual property scholars in Europe and certainly one of the top two or three Italian IP scholars. Born in 1952, he is Co-director of the Torino Law School-WIPO Academy Master of Laws in Intellectual Property and Partner, Studio Avvocati Tosetto, Weigmann and Associates, Torino. He earned his J.D. at Torino Law School in 1974 and LL.M. at Yale in 1976. Professor Ricolfi taught in Lecce and Alessandria before joining the Faculty at Torino Law School in 1995.
He is Member of Italian Association of Yale Alumni; Member of ATRIP (International Association Advancement and Teaching of Intellectual Property); of the Steering Committee of the Italian Society for Intellectual Property (SISPI). He served as an expert witness by the European Parliament in 1990 and by the Italian Parliament in 1997 and in 2001giving testimony on legislation concerning biotechnological patents and has been a member of the Ministerial Commission entrusted with the task of implementing the EC Biotech directive into national law.
He has published widely on important intellectual property issues in both Italian and English language law journals, including Recht der Internationalen Wirtschaft, International Journal of Insurance Law, The Journal of Biolaw and Business, and has written a number of books on intellectual property and insurance law. He also contributed Il diritto d’autore and Antitrust, to N. ABRIANI-G. COTTINO-M. RICOLFI, Diritto industriale, Trattato di diritto commerciale diretto da G. Cottino, Cedam, Padova, 2001, 335-855 and is the author of Patent Harmonization: First to File v. First to Invent, reprinted in D.S. CHISUM-C.A. NARD-H.F. SCHWARTZ-P. NEWMAN-F. SCOTT KIEFF KIEFF, Principles of Patent Law, 3d ed., Foundation Press, N.Y., 2004, 516-521.
Indigenous Peoples, Indigenous Knowledge and Intellectual Property Rights (one credit)
- Instructor: Dr. Chidi Oguamanam, Director, Law & Technology Institute, Dalhousie Law School, Halifax, Nova Scotia
This course will evaluate the concept of “indigenous peoples” and the normative legal framework in international law for their empowerment. It will also explore various contextual triggers (e.g. biodiversity prospecting, bio- and digital technologies, access to drugs, human rights, globalization, etc.) of the extant pressures to protect indigenous or local knowledge forms. A functional approach to the notion of “indigenous or local knowledge” and rights claimant thereto is favoured. However, necessary distinctions between local knowledge stakeholders in the developed and developing countries will be made. The course will critically examine the global intellectual property system with particular regard to the TRIPS Agreement and relevant peripheral instruments such as the Convention on Biological Diversity. This is with a view to better understand the current legitimacy crisis which indigenous knowledge poses for the intellectual property system and the imperative for a more responsive global intellectual property framework.
Law & the Entertainment "Biz" (one credit)
- Instructors: David Shall (Case '83) and Jacob Manaster (Case '97)
This course is a one week practical survey of the ins and outs of the entertainment industry.It focuses on and encompasses the creation of a fictitious television production project, beginning with the acquisition of rights through development, production, and exploitation of the television show. The discussion and exercise is punctuated with exploration of the various negotiations associated with rights, talent and producer agreements; legal clearances; back-end definitions; network license agreements; exploitation platforms, and new technologies. Students are exposed to the working life of in-house entertainment attorneys through exposure to real-world problems, anecdotes and "war stories."
David Shall has been a television programming production and distribution executive for more thantwenty years. He is currently Executive Vice President, Business & Legal Affairs and General Counsel, FremantleMedia North America, Inc. (FMNA), in Santa Monica. He oversees all business and legal affairs for one of America’s foremost producers of reality-based entertainment programming for television, including American Idol (FOX), The Swan (FOX), The Price is Right (CBS), How Clean is Your House (Lifetime), Your Face of Mine (MTV), Family Feud (syndication) and Da Ali G Show (HBO). FMNA is a division of the London-based television production company FremantleMedia, a wholly owned subsidiary and the content business arm of the publicly traded RTL Group, which is one of Europe’s largest television and radio broadcast companies and a division of leading integrated media and entertainment company Bertelsmann AG.
Prior to joining FMNA in 2003, Mr. Shall was Executive Vice President, Business & Legal Affairs, at Twentieth Television in Century City, where he oversaw all business and legal affairs for such Fox classics as America’s Most Wanted,COPS, Divorce Court, Texas Justice and A Current Affair. During his ten-year tenure at Twentieth, Mr. Shall also was responsible for all legal matters relating to the off-network syndication sales of Fox television series including The X-Files, Malcolm in the Middle, The Simpsons, NYPD Blue, Dharma and Greg and M*A*S*H.
Mr. Shall received his B.A. in English and History and his J.D. from Case Western Reserve University in 1983.
Jacob Manaster served as Vice President, Acquisitions, at Sony Pictures Entertainment's digital division. He provided counsel in a multitude of areas in connection with film and television distribution and production, as well as studio wide digital policy, digital technology implementation/distribution and electronics. Prior to Sony Pictures Entertainment, Mr. Manaster was an associate at the prestigious boutique entertainment law firm Weissmann, Wolff, Bergman, Coleman and Silverman LLP in Beverly Hills. Born and raised in Los Angeles, California, Mr. Manaster received his B.A. from UCLA and graduated from Case School of Law in 1997.
Moral Rights: A European Perspective on Copyright Law (one credit)
- Instructor: Professor Marco Ricolfi, Torino Law School, Italy (bio this page,above)
This course explores moral rights from a European and comparative perspective. It builds on a preliminary presentation of the basic relevant provisions in international treaties by exploring European and U.S. legislation and leading cases. The class examines various claims to moral rights of artists, employees, “ghost writers,” and software developers. The impact of moral rights on copyright agreements (licenses, assignments and other dealings) is also examined. Finally, the course deals with international private law issues and with difficulties concerning moral rights, when works are made available in cyberspace.
Moral rights have been defined as rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. Those jurisdictions that include moral rights in their copyright statutes are called droit d'auteur states, which literally means "right of the author."
Moral rights include the right of attribution, the right to have a work published anonymously or pseudononymously, and the right to the integrity of the work (i.e., it cannot be distorted or otherwise mutilated). Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned her rights to a work to a third party, she still maintains the moral rights to the work. In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only applies to works of visual art.
Article 6bis of the Berne Convention protects attribution and integrity, stating:
Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
This definition was taken from: http://www.wordiq.com/definition/Moral_rights