Intellectual Property Rights and Innovation Policy

Objective:

To introduce students to the historical development of copyright and industrial property rights systems under the influence of globalization. International legislation and its adoption as an essential factor in the international protection of rights. To understand the structure and functioning of legal systems.

Content:

In the 19th century, active cross-border trade developed in Europe and it became necessary to protect inventions and authors' works beyond national borders. Since intellectual property rights are territorial in nature, a mechanism had to be found to ensure international protection, which led to the development of an international intellectual property protection system with the conclusion of important international conventions in the field of intellectual property – the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works.

Objective:

To familiarize yourself with the objectives and tasks of the international convention, which continues to serve as an important piece of legislation, ensuring that foreign authors enjoy the same rights in member states as local authors.

Contents:

Paris Convention for the Protection of Industrial property, Bern Convention for the Protection of literary and artistic works, Rome Convention for the Protection of the Rights of performers, Phonogram producers and Broadcasting organisations and Agreement on commercial aspects of intellectual property Rights (TRIPS). The purpose of these agreements is to ensure that appropriate rules on the protection of intellectual property are applied in all member states, thereby ensuring consistent protection of rights in all member states of the agreements.

Form of activity:

2-3 students jointly develop an analysis of an issue included in the convention. The specific issue must be agreed upon in advance with the lecturer. The analysis of the specific task must be carried out in advance and independently. The analysis is presented in class, during which the other students participate in a joint discussion, identifying problem issues in the work presented by other students. It is important that students also examine current court practice, which reflects the problems of application.

Objective:

Copyright regulates the use and distribution of creative works. It grants exclusive rights to the author of the work, including the right to control how the work is used or to prohibit its use. In this lecture, students will be introduced to the analysis of the concept, subjects, and objects of rights in legislation, case law (Latvian and ECJ), and doctrine.

Content:

Analysis of the concepts of copyright and related rights in Latvian and international legislation. Basic principles applied to ensure the protection of works. The difference between copyright and related rights. Legal subjects and objects - the concept of author and work in legal regulation and court practice.

Objective:

To introduce students to international experience in regulating the use of copyrighted works for training artificial intelligence. The latest case law on copyright infringements related to the use of works in artificial intelligence tools is analyzed.

Contents:

Copyright regulates the use and distribution of creative works. They confer exclusive rights on the author of the work, including the right to control how the work is used or to prohibit its use. The copyright Act protects a wide range of works against unauthorised exploitation, from works of art and literature to software and databases. The advent of the digital age poses challenges to the copyright system - new ways of using protected works are emerging. One of the most recent challenges is the equivalent coexistence of artificial intelligence and copyright, respecting the rights of rightholders.

The lesson will explore and analyze the latest world case law in disputes over copyright infringement related to the use of works in AI tools.

Objective:

To introduce students to the field of industrial property rights – patents, trademarks, and geographical indications. The different scope of these rights.

Contents:

Industrial property rights cover patents, trademarks, designs, geographical indications, and trade secrets. Industrial property rights enable companies to protect their investments in innovation. By registering patents and trademarks, rights holders obtain protection for their intellectual property.

The rapid development of artificial intelligence poses significant challenges to the traditional system of protecting inventions, especially in patent law. The current legal framework is based on the assumption that the inventor is a human being. Today, however, innovation is increasingly being created through AI systems, or even fully autonomous.

Objective:

To acquire the basic knowledge necessary to fill out an intellectual property registration form. To develop argumentation skills, justifying the right to register or refuse to register an object.

Content:

During the course, students will continuously work on filling out a patent or trademark registration application in order to register their industrial property. The case law of the Industrial Property Appeals Board, the Appeals Boards of the European Intellectual Property Office, and the Appeals Boards of the European Patent Office on refused registrations will be reviewed.

Activity format:

2-3 students work together in class to fill out a trademark or patent application. Each task is allocated 30 minutes to complete the registration application:

1.Patent registration - a patent protects a technical invention that is new, inventive, and usable. Students must determine whether the invention is new, has not been made public, and is creative. Preparation of a patent application - the documents must include: a description (what the invention does and how to use it), claims (what exactly is protected), drawings or diagrams, if necessary. Submission of the application - in Latvia - Patent Board. In Europe – the European Patent Office.

2. Trademark registration – identifies a company's product or service: it is important to make sure that a similar trademark has not already been registered (in Latvia – LPV database, internationally – WIPO / EUIPO). Preparation of the application – trademark name, list of goods or services (classification according to the Nice Classification). Submission – in Latvia – Patent Office. In the European Union – EUIPO.

Before registration, it is essential for students to check publicly available databases to see if a similar trademark or patent has already been registered. Assess whether the application contains any trade secrets.

In the second part of the lesson, students switch roles and take on the role of experts.

Objective:

To provide an overview of European intellectual property rights and areas harmonized at the regulatory level (directives and regulations). The place of intellectual property rights in the context of the Treaty on the Functioning of the European Union and the Treaty on European Union. The latest regulations in the field of intellectual property.

Content:

Intellectual property rights are strictly regulated in the European Union in order to protect creative, technical and commercial investments, ensuring equal protection in all Member States. Students will be introduced to the main EU legislation in the field of intellectual property rights.

Objective:

To develop analytical skills and argumentation by studying Latvian and EU case law on intellectual property disputes.

Content:

The class will involve ongoing analysis of case law on disputes heard in Latvian and European Union courts.

Form of activity:

In groups of 2-3 students, they analyze a court ruling together during class. Each task is allocated 30 minutes, after which the students present the essence of the case, the arguments of the parties, and the findings of the court. Each group is given a specific ECJ or General Court judgment on important intellectual property disputes, such as Infopaq International A/S v Danske Dagblades Forening (copyright – the concept of "work"); SABEL v Puma (trademarks – likelihood of confusion); PepsiCo v Grupo Promer Mon Graphic (designs – informed user test); YouTube and Cyando (platform liability). The group must analyze the judgment according to the following structure:

Statement of facts – what are the facts? What is the subject matter of the dispute? What were the parties’ arguments?

Preliminary questions – what questions were asked of the ECJ? What EU legal norm was interpreted?

Court reasoning – how did the court interpret the relevant norm, if any? How were fundamental rights balanced?

Decision – what was the final conclusion? How did it affect the rights of Member States?

Critical analysis – students must provide their own assessment – does the judgment broaden or narrow the protection of intellectual property? Impact of the judgment on future case law.

Assessment criteria – argumentation, critical thinking, analysis of legal norms, and understanding of the dispute under consideration.

Objective:

To understand the role of intellectual property in promoting innovation. How unfair commercial practices disrupt the balance between society and patent rights holders. The link between unfair trade practices and intellectual property rights, where the promotion of innovation and fair competition create tensions, will be analysed.

Contain:

Although the intellectual property system is designed to protect innovation and promote economic growth, it can sometimes encourage anti-competitive behaviour that requires intervention through competition law and unfair trade practices.

The latest proposals by the Commission of the European Union for effective regulation of patent law to ensure a balance between the company and the patent rightholders.

The lecture will explore the main issues arising from the application of Articles 101 and 102 TFEU in practices aimed at promoting innovation and investment.

Objective:

To familiarize students with Latvian and EU regulations on commercial agreements. To understand the issues surrounding commercial secrecy practices.

Content:

Uncertainty in applying the definition of trade secrets – what is “confidential information”? Is it a trade secret? Can a company assign trade secret status to any information? In practice, this makes it difficult to prove that specific information is protectable. Nowadays, with digital data, trade secrets are easier to leak – what are the technical challenges of protecting trade secrets? Practical problems – for example, technological protection (passwords, encryption) is often insufficient, it is difficult to prove how exactly the information was transferred and what the loss was, employees often move to competing companies, taking their knowledge and experience with them. Complexity of litigation – in order to protect a trade secret in court, it is necessary to disclose the trade secret itself, and it is difficult to prove unauthorized use. Cases can be lengthy and expensive, which reduces the effectiveness of protection.

The lecture will analyze the latest trends in court practice regarding trade secret protection issues. Definition of trade secrets, measures necessary to maintain trade secret status. The basis for EU regulation is Directive 2016/943 on the protection of trade secrets.

Objective:

To understand the property nature of intellectual property by analyzing Latvian regulatory acts governing intellectual property issues.

Contents:

The right to an invention based on a patent or its application shall, in terms of the legal regime, be treated as a right to movable property within the meaning of the Civil Law. General provisions on movable property and property transactions shall apply to those rights. Property rights related to patents and patent applications may be sold, gifted or otherwise included in private legal circulation, may be inherited or acquired by succession of rights, may be the subject of a pledge or otherwise subject to property rights and may be subject to recovery in accordance with a court enforcement order in the event of insolvency and other cases.

Objective:

To improve students' critical thinking by analyzing current issues arising from the application of intellectual property. To analyze the issue not only from a theoretical perspective, but also from a practical one—how to find a balanced solution to the problem.

Content:

Issues such as patent trolling, forced technology transfer, and the protection of traditional knowledge will be analyzed.

Form of activity:

Students in groups (3-5 students) will develop ongoing presentations on issues in the field of innovation and patents, in consultation with the lecturer, for example:

1. Patent trolling - what is a patent troll? How does patent trolling affect the innovation environment and business operations? What are the legal mechanisms that can reduce the risk of patent trolling?

2. Compulsory technology transfer – how to define compulsory technology transfer and what are its main mechanisms? How does compulsory technology transfer affect the competitiveness and innovation of companies? What are the intellectual property risks? How do international legal norms regulate or restrict compulsory technology transfer?

3. Protection of traditional knowledge – what is considered traditional knowledge and how can it be used? What are the risks of commercial exploitation or appropriation of traditional knowledge? How do intellectual property laws (patents, copyrights, trademarks) affect the protection of traditional knowledge?

Content:

Commercialisation is the process of turning intellectual property or innovation into a product that can be bought and sold, adding value. The lecture will address the types of commercialisation of technology and intellectual property: sale of intellectual property – commercialisation directly by the intellectual property owner; licensing of intellectual property, investing in spin-off. The regulation of commercialisation in Latvia and experience of other countries will be addressed.

Form of activity:

Discussion with students on current issues in IP commercialization and search for solutions. Licensing and rights management complications - companies and universities create IP, but effective licensing is often complicated. Unclear or ambiguous ownership of IP rights between developers, institutions, and investors. Valuation and market potential - IP commercialization requires knowledge of its value and market prospects. Difficulties in determining the commercial value of technology at an early stage of development. Insufficient market research and patent analysis. Lack of risk assessment. IP protection and commercialization vary from country to country - court practices in IP disputes may be contradictory (e.g., supplementary protection certificate cases). Challenges for start-ups and university innovation – insufficient business skills among researchers. Conflicts between publication and patenting priorities. Insufficient funding available for technology transfer. Conflicts between short-term profits and long-term IP strategy.