Uusi opinto-opas (sisältäen myös opetusohjelmat) lukuvuodelle 2018-2019 sijaitsee osoitteessa https://opas.peppi.utu.fi . Tältä sivustolta löytyvät enää vanhat opinto-oppaat ja opetusohjelmat.

The new study guide (incl. teaching schedules) for academic year 2018-2019 can be found at https://studyguide.utu.fi. This site contains only previous years' guides.

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Archived Curricula Guide 2016–2018
Curricula Guide is archieved. Please refer to current Curricula Guides
TLS_0311 Intellectual property protection and licensing models for new technologies 12 ECTS
Organised by
Turku Law School
Person in charge
Academic year 2017-2018 Senior Research Fellow Dhanay Cadillo Chandler, academic year 2016-2017 Senior Lecturer Ulla-Maija Mylly
Minimum preceding studies
85 ECTS.
Preceding studies
Compulsory:
All students should have basic knowledge of the law of contractual obligations, commercial and European law. The ON/OTM degree students must have completed the following courses: ONOM1040 Eurooppaoikeus, 6 op ONOM1001 Velvoiteoikeus, 7 op ONOM1003 Kauppaoikeus, 7 op It is also recommended to study "Foundations of International and European Intellectual Property Law" course before this course. ON/OTM students must have studied at least 85 credits consisting of the basic studies and foundations of laws courses.

General description

While patent law generally applies to all kind of inventions its applicability to new technological areas, such as biotechnology and software, has proved challenging. Patentability of biotechnological inventions rise ethical concerns and patentability of software has been questioned on economic basis. Similarly, suitability of general principles of copyright law for software protection and more generally on digital environment has been debatable. The course discusses the flexibility of patent law and copyright law to address problems created by new protectable subject matters and new technological developments such as digitization. The course will also discuss licensing practices including open source licensing. Comparative law approach will be utilized in the course.

Learning outcomes

Upon completion of the course students will be able to critically analyze claims on technology neutrality within intellectual property laws. Students will learn to interpret and apply the general concepts of intellectual property law in new upcoming technological context through reasonable argumentation. In addition students will acquire an understanding on usefulness of comparative law methodology for critical analysis and argumentation. The students will also have practical exercise(s) during the course.

Contents

- Patentable subject matter and exclusions from patent law: reasons for these exclusions and how the line between protectable and non-protectable is changing
- Copyright protection of computer programs
- Copyright in the digital environment including ISP liability, linking and digital exhaustion.
- Software licensing
- Open source licensing model for software and other technological areas

Teaching methods

Teaching method Contact Online
Lectures 25 h 0 h
Seminar 30 h 0 h

Lectures maximum 25 h. For the lectures there will be preparatory readings and other assignments. Lectures are partly based upon these assignments and intensive participation during lectures is required
Seminars 10 + 20 h. 10 hours (1/2 hours per student) is reserved for research plan seminars and 20 hours (1h per student) for discussion on final seminar papers (ca. 15 pages).

Teaching language

English

Modes of study

Option 1
Available for:
  • Degree Programme Students
  • Other Students
  • Doctoral Students
  • Exchange Students
Exercise(s)
  • In English
Participation in classroom work
  • In English
Seminar
  • In English
Written exam
  • In English

Exam is Take-home exam.

Evaluation and evaluation criteria

Numeric 0-5.
50 % is based upon the take-home examination and 50 % on the seminar paper. Participation during lectures and seminars +/- 1 grade.

Study materials

- Sterckx, Sigrid, Cockbain, Julian: Exclusions From Patentability: How Far Has the European Patent Office Eroded Boundaries (2012)

- Phillips, Douglas E.: Software License Unveiled: How Legislation by License Controls Software Access, Oxford University Press, USA (2009)

- Simon Stokes: Digital Copyright, Law and Practise, Hart Publishing 2014.

- Other materials informed (and provided) on Moodle.

Further information

TIME: II period.
SELECTION CRITERIA: Restricted entry, participation is limited to 20 students. The course is an obligatory part of the Master's Degree Programmme in Law and Information Society (LIS). Students enrolling in the LIS-programme have priority in the selections.

Application period 4 August at 9.00 until 8 august 12.00. Instructions and application form for the degree students in Finnish language programmes:https://intranet.utu.fi/fi/yksikot/law/studying/perustutkinto-opiskelu/erikoistumisjaksot/Sivut/Ilmoittautuminen-ja-valinta-erikoistumisjaksoille.aspx

Instructions and application form for the LIS students: https://intranet.utu.fi/en/units/law/studying/course-registration/Pages/specialisation-courses.aspx

Law students of the Faculty of Law may continue working with an essay and expand it into a bachelor`s thesis (ON-seminaarityö).

The students who have studied the course TLS_1029 Contemporary issues in patent law cannot study this study module.

Belongs to following study modules

Faculty of Law
Specialisation fields (MDP in Law and Information Society)
Faculty of Law
Faculty of Law
Faculty of Law
2017–2018
Teaching
Archived Teaching Schedule. Please refer to current Teaching Shedule.
Faculty of Law
Bachelor of Laws
Master of Laws DP
MDP in Law and Information Society
Doctor of Laws
Law
Turku Law School