Considers opportunities for practice in the field, copyright and trademark issues, contractual questions, examples of modern recording and publishing contracts and ownership issues. Actual case studies will be discussed.
Prerequisite: Copyright or Introduction to Intellectual Property
Explores bioethics issues such as clinical decision making, informed consent, organ donation and transplantation, physician assisted suicide, ethics in managed care, death and dying, and medical research.
Surveys the main differences between U.S. and European patent law, with special attention to pharmaceuticals, biotechnology and computer-related inventions.
Prerequisite: Patent and Trade Secrets or Introduction to Intellectual Property
The course will explore the issues concerning protection of intellectual creativity under the United States copyright laws; we will consider such matters as the nature of copyright, the statutory scheme, the kinds of works subject to copyright, and the extent of protection afforded those works. The grade will be based on performance on an end of semester examination.
Focuses on the legal requirements of electronic commerce including issues of electronic contracting, tort, defamation, constitutional law, intellectual property, procedural, domestic and international conflicts and regulation.
Students who have taken Internet Law will not receive credit for this class.
Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per week at their field placement site and participate in a one-hour weekly seminar.
Note that most field placements need to be topic related and approved by a concentration advisor to count toward a degree.
Studies the treaty regimes and jurisprudence that protect trademark, copyright, and patent internationally. Related foreign policy, public policy, and human rights considerations are treated on a selected basis.
This course will introduce students to technology transfer law, more particularly the Bayh-Dole Act and its several amendments. March-In Rights and the underlying petition process will be examined along with pertinent case law. In addition, this course will examine the effects of legislation governing technology transfer from federal laboratories for commercialization purposes.
Provides students with an in-depth knowledge of Patent Prosectuion and Drafting. Focuses on providing a student with the skills and knowledge necessary to assist a client/inventor in obtaining a patent, from the initial step of meeting with an inventor through post patent issuance procedures.
Prerequisites: Patents & Trade Secrets or Introduction to Intellectual Property.
Examines principal issues in patent, copyright, trademark, trade secret, and software licensing. Topics include standard terms and conditions of a technology license, negotiating royalty rates, and the impact of licensing on development and/or commercialization of technology.
Examines the major bodies of United States law available for protecting intellectual property rights in inventions and discoveries. The majority of the course is devoted to studying patent law, including the patenting process, patent validity requirements, patent infringement, and the nature of rights secured by a patent. The course also covers trade secret law, including trade secret-eligible information, trade secret requirements, and the rights secured by a trade secret. The course concludes with an examination of the relationship between, and the relative advantages and disadvantages of, patent and trade secret law for protecting intellectual property rights.
The course deals with the creation, enforcement, and limitation of trademark rights, including the impact of technological change (such as the use of the internet) on traditional concepts, and related unfair competition issues. The grade will be based on performance on an end of semester examination.
Examines methods other than trial for resolving disputes. Covers negotiation, mediation, arbitration, and group facilitation. Emphasizes practical skills, policy analysis, and theoretical considerations.
Examines legal and economic concepts of monopoly and monopolization, and integration of previously independent firms through horizontal, vertical, and conglomerate mergers under federal antitrust laws.
Covers principles and operation of the Sherman Act, Clayton Act and Federal Trade Commission Act and their effect upon conduct, as opposed to structure, of American industry. Examines issues of price fixing, boycotts, exclusive dealing, territorial allocation, tie-ins, franchise terminations, and governmental immunity for anti-competitive regulations.
Discusses formation and organization of basic business organizations. Examines structure, finance, management, and control of business enterprises; rights and liabilities of owners, fiduciaries, and third parties; shareholder informational rights, shareholder suits and issuance of shares; and introduces problems of close corporations and state statutory and administrative regulations.
Refers to a collection of statutory and common law recognized causes of action that arise out of business competition. Surveys these causes of action and analyzes them in the context of providing a source of protection to a business which is subject to potential economic harm from competitors, employees, suppliers, and others. Coverage will include false advertising, business defamation and disparagement, interference with contractual and prospective business relationships, misappropriation of trade values such as ideas, trade secrets, publicity rights, and mispresentation. Prohibitions against unfair and deceptive practices under the Federal Trade Commission Act will also be covered. Trademark issues fall outside the coverage of this course. Not open to students who have taken Unfair Trade Practices.
This course examines the proper role of the federal courts in the American political system. The ability of a litigant to invoke the jurisdiction of the federal courts is regulated by a variety of constitutional, statutory and judge-made doctrines. As such, topics explored will include: the case or controversy limitations contained in Article III, advanced topics in subject matter, diversity and supplemental jurisdiction, the availability of habeas corpus review, state sovereignty and the Eleventh Amendment, the abstention doctrines, the power of federal courts to create common law, removal actions, and 42 U.S.C.§1983 and Bivens civil rights actions. Exploring the themes of federalism and separation of powers addressed in the basic Constitutional Law course, this course at its core examines the power of Congress to allocate judicial power among the federal courts, federal agencies and States. This course should prove to be particularly valuable to students who anticipate clerking for a federal or state judge, who plan to litigate before federal and state courts, or who are planning for a public interest or public sector career.
Describes the medico-legal paradigm within which genetic technologies are presently pursued or restricted. Discusses the scientific basis of the genetic technologies providing students with basic appreciation of potential issues and a guide to the scientific, rather than the legal, literature related to the growing area of genomics. The course will be organized along six areas of the law: criminal law, family and property law, tort law, insurance law, labor law, and intellectual property law. No science background is required.
This course will explore the role of intellectual property in business, addressing legal strategies, problems and opportunities related to founding, expanding, and terminating business organizations. The course will also focus on IP issues that commonly arise in the development, marketing and licensing of products. Much of the learning will be centered around business case studies. There will be group exercises and class presentations during the semester that will count toward a portion of the final grade. One exercise related to negotiations and licensing will allow for collaboration with business school students from Rensselaer Polytechnic Institute. The final exam will be in take-home format.
Examines topics related to conduct of international business: international private trade, U.S. and international regulation of trade, international private investment, international financial markets, international regulation of monetary affairs, and dispute resolution.
Introduces negotiation skills, offering hands-on experience preparing for and negotiating legal issues.
Examines corrective measures that may be taken in the legal system to rectify the violation of a legal right. Considers and evaluates questions of what forms of relief, both equitable and legal, may be given and upon what conditions.
Written under faculty supervision on a relevant aspect of intellectual property law. Must qualify for the Law School's upperclass writing requirement, and may or may not be used to satisfy that requirement.
(Effective November 6, 2012)