Intellectual Property Law

6470 Intellectual Property (3)

Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but who do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Credit may not be earned for both Law 6470 and 6472 if 6472 is taken with Schechter. Not for credit toward an LLM in intellectual property law. (Examination)

6471   Patent Law (2 or 3)   Whealan, Gongola, Kelley, Rader

An overview of patent law designed for students without a patent background, including those without a technical background. Analysis of the goals and costs of the patent law system. Topics include patentability requirements, infringement, remedies, patent prosecution issues, and patent transactions. (Examination)

6472   Copyright Law (2 or 3)   Schechter, Oman, Tepp

Historical background and general survey; how copyright is secured and maintained; subject matter of copyright; scope of protection; duration, renewal, and termination of transfers; jurisdiction and remedies; contracts and combinations, including compulsory licenses and performing rights societies; other doctrines neighboring on copyright; international aspects of copyright, including the Berne convention and other treaties on copyright and related subjects. Credit may not be earned for both Law 6472 and 6470 if 6472 is taken with Schechter. (Examination)

6473   International Copyright Law (1 or 2)   Schlesinger, Stech

Survey of international law of copyright, including the application of key international law principles such as territoriality, national treatment and reciprocity, jurisdiction and venue, choice of law, and rule of the shorter term in copyright case law. Explores the key international instruments for the protection of copyright and related rights, and the implementation of key substantive issues in the U.S. and in foreign jurisdictions. Surveys developments in international trade-related copyright norm-setting and unilateral, bilateral, regional, and multilateral copyright norm-setting and enforcement issues. (Examination)

6474   Trademark Law and Unfair Competition (2 or 3)   Brauneis, Schechter

Consideration of how trademark rights are acquired at common law and under the Lanham Act; permissible and impermissible types of marks and the problem of "genericness"; protection of trade dress; trademark infringement and dilution; permissible uses of other firms' marks; trademark licensing and remedies; the right of publicity; and competitor and consumer remedies for false advertising under the Lanham Act and state statutes. When offered for 3 credits, the course also addresses interference with contractual relationships and prospective economic advantage; the misappropriation doctrine; theft of business ideas and trade secrets; and prohibitions against unfair and deceptive practices under the Federal Trade Commission Act. (Examination or take-home examination)

6475   Entertainment Law (2)   Rosenthal

Overview of legal problems in film, theater, television, music, and publishing industries. Topics include the role of agents and managers, contractual provisions in different entertainment industries, protection for ideas and stories, right of publicity, and advanced copyright issues. Prerequisite: Law 6472 or permission of the instructor. (Examination and negotiation and drafting exercises)

6476   Patent Strategies and Practice (2)   Barufka, Toering

Patent practice and issues, with emphasis on strategic considerations. Focus on claim craftsmanship and consequences. Prerequisite: Law 6471 or permission of the instructor. (Examination)

6477   The Federal Circuit (1 or 2)   Whealan, Rader

The unique role of the U.S. Court of Appeals for the Federal Circuit as the only national court of appeals organized on the basis of subject matter rather than geography. Topics include the creation of the Federal Circuit and an overview of its varied jurisdictions (e.g., government contracts, constitutional takings, and international trade). Emphasis on the contributions of the Federal Circuit to patent law, and in particular its administration of eligibility, bars, "nonobviousness," equivalents, and other modern patent law problems. Comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts. (Examination)

6478   Licensing of Intellectual Property Rights (2)   Kacedon

Legal and business issues in the licensing of patents and other forms of intellectual property. Drafting of license agreements and the relationship between licensing of intellectual property and competition laws, including comparative regulations in Europe and Asia. License agreements involving governments and universities; tax and bankruptcy considerations; and multimedia licensing. (Examination and drafting exercises) (Skills)

6479   Intellectual Asset Management (2)

Theoretical and practical aspects of managing such assets as intellectual property, technologies, knowledge, and human capital within business, economic, financial, and legal contexts. Intellectual assets recognized under domestic and international intellectual property and business laws; the limits of protection; claims for relief; the extent of damages that may be recovered; and identification, optimization, and strategic deployment of such assets within enterprises of varying sizes and in a variety of industries. Prerequisite: Law 6470, 6471, 6472, or 6474 or permission of the instructors. (Take-home examination)

6480   Chemical and Biotech Patent Law (2)   Adelman, Straus

Public policy and practice considerations relating to patenting biotechnology and chemical inventions with in-depth treatment of unique practice areas. (Examination)

6481   Design Law (2)   Katz, Mottley

In-depth study of the three major areas used in design law: copyright, trade dress, and design patent. Focusing exclusively on protecting product design (i.e., the appearance of a product), topics for each area include protectable subject matter, how protection attaches, infringement standards, damages, and the like. Strengths and weaknesses of the three areas and prominent unresolved issues. Consideration of interdisciplinary issues, such as the doctrine of functionality as a disqualifier for design protection, the right to copy doctrine, and proposed legislation to adopt a sui generis design registration system in the United States. No technical background is necessary. (Examination)

6482   Patent Enforcement (1 or 2)   Etienne-Cummings, Hopenfeld, Maurer, McKelvie, Underhill, West

Patent litigation for those who may wish to specialize in general litigation with occasional handling of patent cases, as well as for those interested in a patent solicitation career. Focuses on an understanding of policy and practice considerations in the enforcement of patents. (Examination or take-home examination at the instructor's discretion)

6483   Patent Appellate Practice (2)   Dunner

Comprehensive study of the U.S. Court of Appeals for the Federal Circuit and its jurisdiction over patent cases from the perspective of an appellate practitioner. Litigation strategies and the process of guiding a client through an appeal. (Examination)

6484   Computer Law (2)   Stern

Intellectual property rights in computer software and in cyberspace. Public policy issues relating to software and computer-related inventions and works; patent vs. copyright vs. sui generis protection debate. Patent or copyright background and some knowledge of computer technology is helpful. In even-numbered years focus is on copyright; in odd-numbered years focus is on patents. (Research paper)

6485   Law in Cyberspace (2 or 3)

Survey of theoretical and practical aspects of legal issues concerning cyberspace, including First Amendment free speech rights, commerce, computer crime, privacy, political participation, and jurisdiction. Computer background is not a prerequisite. (Examination)

6486   Information Privacy Law (3)   Solove

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination or take-home examination)

6488   Art, Cultural Heritage, and the Law Seminar (2) Fries, Garfinkle

Legal and policy implications at the intersection of art and the law, including intellectual property, First Amendment, and international law issues. Legal relationships between artists, dealers, auction houses, collectors, and museums. The international framework for the trade and protection of cultural property and heritage. Prior course work in intellectual property law and international law is recommended. (Research paper)

6489   Enforcement of Intellectual Property Rights in the U.S. International Trade Commission (2)   Essex, McKeon

In-depth examination of the U.S. International Trade Commission (ITC). The full scope of the ITC’s unique jurisdiction, with primary focus on its role with respect to the adjudication and enforcement of intellectual property rights. The enactment of Section 337 of the Tariff Act of 1930 and important amendments that enable the ITC’s authority over unfair trade practices relating to intellectual property matters, including patents, copyrights, trademarks, trade dress, gray market, and trade secrets. Organization of the ITC, including its commissioners, administrative law judges, and the Office of Unfair Import Investigations. All aspects of litigation, from the institution of an investigation under Section 337 to post-hearing phases. The unique requirements in Section 337 cases of importation, domestic industry, and injury. The scope of available remedies in Section 337 cases, the role of U.S. Customs in enforcing ITC exclusion orders, and review of ITC decisions and the Federal Circuit’s jurisprudence relating to ITC matters. (Examination)

6490   International and Comparative Patent Law (2)   Adelman, Baluch, Dzwonczyk

A study of patent reform issues including domestic patent reform legislation and ongoing harmonization treaty discussions under the World Intellectual Property Organization (WIPO); review of selected topics with comparative study from viewpoint of Japan, the United States, and Europe. (Research paper)

6491   International Intellectual Property (3) Brauneis

Examination of international protection of intellectual property, surveying various international agreements and treaties for copyrights, patents, trademarks, and trade secrets, with focus on the agreement on Trade Related Aspects of Intellectual Property (TRIPs) of the World Trade Organization. Consideration of the basic concept of territoriality, national treatment, minimum standards, and political and policy concerns related to efforts to secure and strengthen protection of intellectual property internationally. Credit may not be earned for both Law 6491 and Law 6473. (Examination)

6492   Advanced Trademark Law (2)   Bernstein

In-depth analysis of developing issues in trademark and unfair competition law, including legal, economic, and moral rationales for protection of trademarks, trade dress, domain names, celebrity persona, and related intellectual property rights; the nebulous concept of trademark dilution; tensions among trademark protection on the one hand and parody, fair use, and free speech on the other; the trademark functionality doctrine; regulation of comparative, misleading, and deceptive advertising; trademark and advertising surveys; the international dispute resolution system for challenges to domain name registrations; use and abuse of trademarks on the Internet; and trademarks in international trade, including the extraterritorial effect of U.S. trademark law, protection of well-known marks not used in the United States, restrictions on parallel imports, and use of geographic trademarks and indications. In-class practical exercises include challenging domain names using the Uniform Domain Name Dispute Resolution Policy, reviewing a mock website for a new consumer product; and seeking provisional relief based on consumer perception surveys in a trade dress litigation. (Take-home examination or research paper with permission of the instructor)

6493   Internet Law (1)  

Focus on speech on the Internet, including governmental attempts to control or filter speech, intermediary liability for third-party speech, digital rights management and other copyright issues, and domain names as speech. The rules and institutions that permit or disallow governance of these issues. GW degree candidates may not receive credit for both Law 6493 and 6485. (Examination or take-home examination)

6494   Intellectual Property Antitrust Seminar (2)   Adelman

Domestic and international concerns relating to antitrust and fair trade, with emphasis on U.S., European, and Japanese models. Consideration of basic intellectual property principles in patents, trademarks, and copyrights necessary for application of antitrust principles. Advanced understanding of antitrust law is a prerequisite unless waived by the instructor. Enrollment is limited. Prerequisite: Law 6402 or permission of the instructor. (Research paper)

6496   Intellectual Property Law Seminar (2)   Nunziato, Mossinghoff, Oman, Rosenthal

Selected topics in intellectual property law to be announced at the time of registration. (Research paper)


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