Intellectual Property and Biomedical Sciences (E07U6A)

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General

In part one, we provide an overview of the various types of intellectual property law: patent law, copyright law, trade name law, plant breeders/variety rights, designs and models. In part two, we will discuss extensively the use of patent law as a legal means to protect innovations. We will discuss patenting (of an invention), the conditions (novelty, inventivity, industrial applicability), the granting procedure and the rights of the patent holder. In part three, we will focus on patents as a source of information. We will identify the methods and databases that can be used to search patent documents.In subsequent parts, we will discuss problems concerning patent law in specific domains. In part four we will discuss patent law and medical-pharmaceutical inventions; in part five, patents in biotechnology; in part six the legal protection of new developments in bio-informatics and how this touches copyright law. Finally, in part seven, we discuss the choices that need to be made when defining a patenting strategy. Themes that will be covered are patenting and confidentiality, development or licensing, acting or not against imitations, and the role of additional trade name protection.   

To enable the students to actively use the information provided during the lectures and to search patent-related materials, a project will be given at the beginning of the semester. It is expected that this project will be completed independently by means of the methods explained during the course. In work sessions, possible problems will be addressed. In the final lecture, the correct solutions will be illustrated and discussed.   


Exam form

Oral with written preparation, closed book, final examination during examination period.

Exercises: participation at the exercises is mandatory. Student must prepare the exercises in advance. These exercises must be handed, otherwise one point will be subtracted of the exam result.

Exam: Closed book exam:18/20, Exercise:2/20

Students have to take both examinations (closed book and exercise) in order to pass for the entire course.


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Exam Questions_Intellectual Property Exam Questions from 2012 form the forum  


Exam questions

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Exam questions of '12 - '13

{Picture of a cappucino with figure made in cream.} Can this cappucino enjoy copyright? Why(not)?

You are asked to prepare a study report for the European Commision about employees inventions. What are your suggestions for harmonization of the legal regime?

Exam questions of '13 - '14

  1. A long text about company A & institution B
    1. what legal rights do they want (& why)
    2. What would your proposal/options be (collaboration, research contract agreement, joint venture,...)
  2. A writer dies in 1989, had published a book under a pseudonym X in 1927. When does the copyright on the book expire?
  3. A picture of an artist with his sculpture. According to this,
    1. Can you make a 3D scan from this sculpture? Why/Why not?
    2. Can you put a CAD file of the sculpture on the Internet? Why/Why not?
    3. Can you print out the 3D-file of the sculpture? Why/Why not?
  4. What are the modes to become a patent owner?
    1. Why is defining who is the patent owner important?
    2. What are the rights and obligations of the patent owner?
    3. In what do these rights and obligations differ betwee sole patent owner and joint patent owner?