Intellectual Property Curriculum
Intellectual Property Fundamentals (Prof. Gibson). A survey of intellectual property law, including copyright, trademark, patent, and other subject matters. This serves as the foundational course for the specialist who wishes to pursue the Intellectual Property Certificate, but the class is also a good choice for the generalist who simply wants to learn the basics of intellectual property law. 3 sem. hrs.
Copyright Law (Prof. Gibson). A detailed examination of the law that protects literary, musical, artistic and other works of authorship, with particular attention to the 1976 federal copyright statute, as amended. Topics include the requirements for and scope of copyright protection, ownership and duration of copyright, copyright rights and remedies, fair use, the interaction of copyright and digital technologies, the liability of third parties for the copyright infringement of others, and the tension between copyright and other areas of the law, such as free speech, patent, and contract law. 3 sem. hrs.
Intellectual Property and Transactional Law Clinic. Students represent for-profit and nonprofit organizations, as well as social entrepreneurs, artists, authors, and inventors from a variety of backgrounds. Students help business startup clients by engaging in business formation counseling and provide legal services to clients, including negotiating and drafting contracts, providing corporate legal services and analysis, and facilitating strategic decision-making. Students also assist clients in the assessment and potential licensing of a variety of intellectual property rights. The classroom seminar will provide clinic students the opportunity to study and reflect on the theoretical framework and application of related substantive subjects.
The Clinic is temporarily on hiatus and will not be offered in the Fall of 2014. The Clinic will be offered in the Spring of 2015 at the earliest.
Intellectual Property Law and Policy (Prof. Cotropia). This seminar will examine the legal and public policy considerations regarding intellectual property protection in various fields and industries. In particular, the course will explore whether intellectual property protection and enforcement is beneficial and necessary for the creation, development, and commercialization of different ideas, expressions, and other intangibles. 2 sem. hrs. Satisfies upper-level writing requirement.
Patent Law (Prof. Osenga). This course covers the fundamental doctrines of patent law and is designed to serve as a basic course for those who wish to specialize in this field, as well as to provide a general background for a corporate or business practice. Topics will include eligible subject matter for patenting; conditions for patentability, including utility, novelty, non-obviousness, enablement, best mode, definiteness, and adequate written description; patent infringement; defenses; and remedies. The course will study statutory aspects of patent law, as well as judicial interpretation by the Supreme Court and the Federal Circuit. Further, this course will consider the justifications for the patent monopoly. An engineering or science background is not required to take this course. 3 sem. hrs.
Entertainment Law (Adjunct Prof. Fidlow). Issues of law and policy affecting the entertainment industry. 2 sem. hrs.
Intellectual Property Fundamentals (Prof. Cotropia). See Fall listing for course description.
Computer Law (Prof. Cotropia). This seminar explores the specific problems encountered in "cyberspace" in such areas as personal jurisdiction and choice of law, regulatory jurisdiction and effectiveness, intellectual property, commercial transactions, digital defamation and freedom of speech, and privacy. 3 sem. hrs. Satisfies upper-level writing requirement.
Intellectual Property Litigation Practicum (Prof. Osenga). Exposure to intellectual property litigation practice through simulation. Skills will include interviewing and counseling clients; recognizing causes of action, potential counter-claims, and defenses; figuring out jurisdiction and venue issues; preparing discovery; and drafting pre-trial motions. Grading will be based on writing assignments and class participation in simulation exercises. Prerequisite—any one of the following: Intellectual Property Fundamentals, Copyright Law, Patent Law, or Trademark and Unfair Competition Law. 3 sem. hrs. Satisfies Lawyering Skills IV requirement.
Trademark and Unfair Competition Law (Prof. Osenga). This course will familiarize students with the academic principles of trademark law and provide practical instruction on how to handle a trademark practice. Among other things, the course will examine the following subjects: The differences between trademarks and other types of intellectual property such as copyrights, patents and trade secrets; sources of trademark law, including the Lanham Act, the Federal Trademark Dilution Act of 1995 and the Trademark Amendments Act of 1999; different types of trademarks (name, logo, slogan, etc.), and characteristics of protectable marks, and strong and weak marks; preservation of trademarks rights; trademark infringement and litigation; licensing and assignment of trademarks; domain names and other trademark issues in cyberspace; and international trademark law. 3 sem. hrs.
Licensing and Technology Transfer (Adjunct Prof. Titley). This course will equip students to manage creatively the impact of intellectual property on personal, business, and public life through contracting. Cases and problems illustrate the processes involved in negotiating and formalizing domestic and international licenses in patents, trademarks, copyrights, and trade secrets. Consideration is given to issues associated with UCITA, software, music, multimedia, open source, creative commons, government licensing, the use of non-disclosure agreements, and invention promotion firms, as well as valuing, selling, and monetizing intellectual property assets. 2 sem. hrs.
Patent Preparation and Prosecution (Adjunct Prof. Thomas). This course explores the art of drafting a patent application and the subsequent prosecution of the application through the Patent and Trademark Office. The course will include some necessary detail with respect to PTO Rules, but it will also cover the strategy and reasoning behind various drafting techniques. The course is directed to students who plan to become patent practitioners as well as those who are simply interested in the process. 2 sem. hrs.