01260183 - International Intellectual Property Law

The operation of the intellectual property law, in the variety of global legal situations, has its own dynamism. It cannot result from the mere application of a method or a legal solution at a given moment, in a predetermined space and on a predetermined level, by a duly identified actor. It must be grasped in one movement. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in or on one or several spaces or levels, by one or by multiple actors.
This distinctive dynamic, which the lawyer must be conscious of when passing from one context – national, international or European – to another, has an influence over the law, its uses and, sometimes, its content.
This lecture proposes to make explicit, through a range of situations and concrete examples, the analysis the lawyer engages in every time he is confronted by  situations in which several intellectual property laws formulated in a national (French or foreign), international (WTO, WIPO) or European (EU) environment may be applied together to a given case.
Several tools of a pluralistic application of the law are used in this operation. They are organised according to a basic three-step approach, consisting of the comparison (Part 1), then the combination (Part 2) and, finally, the hierarchization (Part 3) by the lawyer of the methods and solutions of national, international and European law that he is to use to solve his case.

3 credits or 1.5 US Crédits