Comparative Intellectual Property Law

1. The concept and territoriality of IPRs
2. International treaties and European law
3. The concept and justifications of Patent laws
4. The scope and infringement of patent's rights 
5. Modern protection strategies of patents learned through judgements
6. Patent law in USA: different approach
7. The concept and justification of Copyright laws
8. The scope, protection, and infringement of Copyright
9. Exceptions and limitations of Copyright through EU
10. The online copyright infringement and liability of intermediaries adjudicated in major jurisdictions
11. The concept and justification of Trademarks
12. The scope and infringement of Trademarks
13. The basis of Trademarks in USA
14. Unfair competition and its effect on IPR

BASIC MATERIALS AND RESOURCES

• Intellectual Property Law – Jennifer Davis
• Intellectual Property Law: Text, Cases, and Materials - Tanya Frances Aplin, Jennifer Davis
• Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights – Cornish, Llewelyn, Aplin;
• The Intellectual Property Review – Stanislas Roux-Vaillard
• World Copyright Law – J. A. L. Sterling.
• European Convention on Human Rights
• Berne Convection on the Protection of Literary and Artistic Works 1886
• International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisation 1961
• Paris Convection adopted 1883
• Agreement on Trade Related Aspects of Intellectual – TRIPS
• WIPO COPYRIGHT TREATY 1996  - WCT
• WIPO PERFORMANCES AND PHONOGRAMS TREATY 1996 - WPPT
• WIPO BEIJING TREATY ON AUDIVISUAL PERFORMANCES - BEIJING TREATY
• Anti-Counterfeiting Trade Agreement ACTA
• The Comprehensive and Economic Trade Agreement – CETA
• Patent Cooperation Treaty – PCT
• Patent Law Treaty – PLT
• European Patent Convention – EPC
• Community Patent Convention - CPC
• Supplementary Protection Certification Regulation - SPC Regulation
• Directive on the legal protection of biological inventions (Biotechnology Directive)
• Design Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs
• Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs
• Directive on the harmonisation of certain aspects of copyright and related rights in the information society ("InfoSoc Directive"), 22 May 2001
• Directive on rental right and lending right and on certain rights related to copyright in the field of intellectual property ("Rental and Lending Directive"), 12 December 2006
• Directive on the resale right for the benefit of the author of an original work of art ("Resale Right Directive"), 27 September 2001
• Directive on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission ("Satellite and Cable Directive"), 27 September 1993
• Directive on the resale right for the benefit of the author of an original work
• Directive on the legal protection of computer programs (“Software Directive”), 23 April 2009
• Directive on the enforcement of intellectual property right (“IPRED”), 29 April 2004
• Directive on the legal protection of databases (“Database Directive”), 11 March 1996
• Directive on the term of protection of copyright and certain related rights amending the previous 2006 Directive (“Term Directive”), 27 September 2011
• Directive on certain permitted uses of orphan works (“Orphan Works Directive”), 25 October 2012
• Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (“CRM Directive”), 26 February 2014
• Directive on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (Directive implementing the Marrakech Treaty in the EU), 13 September 2017
• Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
• Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark
• All lectures, materials and cases provided by the lecturer

SEMINAR TOPICS

1. The concept and territoriality of IPRs

Students will gain knowledge about the extent of IPRs, its concept and justifications. Also, the seminar focuses on the principle of territoriality and its effects on IPRs, and explanation of comparative approach in Intellectual Property Law.

2. International treaties and European law

Students will gain knowledge about the international legislative history of IPRs. The content and meaning of the most important international and domestic legal act will be covered. The seminar focuses on IP conventions, multilateral and bilateral agreements, EU legislative and selected domestic acts.

3. The concept and justifications of Patent laws

Students will gain knowledge about justifications and source of patent laws in different jurisdictions. The seminar focuses on patentable subject matter and exceptions to patentability according to international treaties and selected domestic laws.

4. The scope and infringement of patent's rights

Students will gain knowledge about the scope of patent's rights and infringing acts according to international treaties and selected domestic laws. The related case law from selected jurisdictions will be discussed at the seminar.

5. Modern protection strategies of patents learned through judgements

Students will gain knowledge about the international and domestic protection of patents. The seminar focuses on protection strategies and its effect on patent system. The related case law from selected jurisdictions will be discussed at the seminar.

6. Patent law in USA: different approach

Students will gain knowledge about the patent system in USA with focus on similarities and differences against EU and other selected jurisdictions. The related case law will be discussed at the seminar.

7. The concept and justification of Copyright laws

Students will gain knowledge about justifications of Copyright and international and domestic sources of law. The seminar focuses on the comparison of fundamental terms such as authorship in selected jurisdictions.

8. The scope, protection, and infringement of Copyright

Students will gain knowledge about infringement of Copyright according to its definition in international treaties and selected jurisdictions. The related case law will be discussed at the seminar, attention will be also paid to infringement in digital environment and its effect on domestic IPRs.

9. Exceptions and limitations of copyright through EU

Students will gain knowledge about exceptions and limitations of copyright under EU legislative and will compare it to the fair use system in USA. The seminar focuses on harmonized exceptions and limitations in EU and comparison to the fair use.

10. The online copyright infringement and liability of intermediaries adjudicated in major jurisdictions

Students will gain knowledge about online copyright infringement and who might be responsible under international treaties and domestic legislative. The seminar focuses on the liability of intermediaries and comparison of this liability in selected jurisdictions.

11. The concept and justification of Trademarks

Students will gain knowledge about justifications for the protection of trademarks in EU and selected jurisdictions. The seminar focuses on trademarks as valuable commercial assets and its similarities/differences in selected jurisdictions.

12. The scope and infringement of Trademarks

Students will gain knowledge about the scope of Trademarks and infringing activities in selected jurisdictions. The seminar focuses on the comparison of infringement in selected jurisdictions and related case law.

13. The basis of Trademarks in USA

Students will gain knowledge about the trademark system in USA with focus on similarities and differences against EU and other selected jurisdictions. The related case law will be discussed at the seminar.

14. Unfair competition and its effect on IPR

Students will gain knowledge about approaches to unfair competition in relation to IPRs in selected jurisdictions. The seminar focuses on effects of different competition laws on IPRs in selected jurisdictions.

Information according to Art. 11 par. 4 of the Study Rules of the Comenius University in Bratislava, Faculty of Law for the teacher:

Mgr. Jana Zigo, PhD., LL.M

prof. Karen Sandrick

JUDr. Lukáš Macko, PhD.

I. Semester/academic year: summer semester, 2025/2026

II. Study program/degree/form: law/bachelor's/full-time

III. Course title: Comparative Intellectual Property Law

IV. Scope of compulsory participation in educational activities

a) Student participation in seminars is mandatory.

b) If the student does not participate in three seminars, his absence is excused.

V. Conditions under which a student can make up for non-participation in seminars:

Only 3 absences are allowed.  

VI. Specification of the method of evaluation of study results, including specification of the method and conditions for completing the remedial continuous evaluation:

Continuous assessment – a total of 100 points consists of two parts:

1. part: 40% (continuous assessment based on activities at seminars, case studies,

students' legal analysis)

1. Seminar Activity (10%):
• Active participation, engagement, and contributions during seminars.
2. Case Studies/Legal Analyses (30%):
• After each thematic block (Patents 10%, Copyright 10%, and Trademarks 10%), students will complete case studies or legal analyses.

2. part: 60% (oral exam consisting of case studies and case discussion)

Students can use all available sources of legal information, especially statutes, commentaries, case law, legal literature, and legal information systems.

VII. Dates of continuous evaluation, thematic headings of individual dates of continuous evaluation;

a) Continuous assessment: 2. part oral exam 18.5.-22.5.2026

b) Thematic headings: available on the website of the institute (see above).

VIII. Information on alternative options for meeting the conditions of the continuous evaluation, which are not the overall remedial terms of the continuous evaluation according to Art. 13 par. 4 of the study rules of the faculty;

Remedial terms for the continuous evaluation will be determined only for students who did not participate in the regular term of the continuous evaluation and who proves that could not participate in this form of examination for objective and serious reasons.

The remedial term for continuous evaluation will be during examination period.

IX. Information on whether a condition for taking the exam is the achievement of the prescribed level of continuous evaluation or the prescribed scope of compulsory participation in educational activities.

-

X. Additional information

The course syllabus is available on the institute's website (see above).

In Bratislave, 10.2.2026

Mgr. Jana Zigo, PhD., LL.M