Munich Course Descriptions

Please take note of the evaluation methods for each course, noted at the end of the course description.

6477 | Federal Circuit
Prof. Michael Goodman

This course will cover 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)

6840 | International Intellectual Property Exhaustion
Prof. Dan Burke

International trade in goods protected by copyright, patent or trademark law has become a matter of enormous economic significance. This course will focus on the issue of whether and when owners of intellectual property rights can continue to control the distribution of goods that embody copyrighted works, inventions, or trademarks, and conversely, of whether and when those rights are "exhausted."  Particular attention will be given to the geographic scope of exhaustion, which gives rise to issues of "parallel importation" and "grey goods," and the economic and social policy considerations underlying exhaustion policies. The course will cover all three major categories of intellectual property and review the response of the U.S., the E.U., and other legal systems. (Examination)

6850 | Law of Software Contracts
Prof. Gregory Maggs

Contract and copyright issues arising out of software contracts.  Contractual attempts to authorize or restrict copying and use of software; the proper legal characterization of software and software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

6851 | Copyright and the Changing Role of the Copy
Prof. Robert Brauneis

Consideration of the changing role of the copy in copyright law and in cultural dissemination, using materials drawn from law, cultural history, sociology, and art theory. Articulation of features of traditional dissemination through discrete copies and the alteration of those features through digital network distribution and typical rights management permission bundles. The effect of audio and video recording and computer technologies on our understanding of the copy, and proposals for reform of the statutory exclusive rights. (Examination)

6852 | European Intellectual Property Law
Prof. Christoph Ann

Introduction to the law of technology protection (patent and trade secret law) in Europe, including basic institutions, obtaining protection, exploitation and licensing, and enforcement.  Will also include an overview of European trademark institutions. (Examination)

6853 | Chinese Intellectual Property Law
Prof. Catherine Sun

Introduction to intellectual property law in China, focusing on technology, commercialization and IP enforcement, and the practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes will include recent IP legislative developments in China, recent landmark cases, and major pitfalls and risks in acquiring and transacting in IP in China. (Examination)

Cross-Border Enforcement of Intellectual Property
Prof. Marketa Trimble

Mechanisms for international enforcement of intellectual property (“IP”) rights, including those available to countries, regional organizations, and international organizations, including the WTO dispute settlement process; those available to IP owners, including border measures and national IP laws that have an extraterritorial reach; and those that stem from private ordering, such as the ICANN dispute resolution mechanism and Internet enforcement systems. (Examination)

IP and Global Entrepreneurship
Prof. Yvette Joy Liebesman

IP and Global Entrepreneurship This course examines the key IP legal issues that arise when a start-up company desires a global impact. For example, an inventor who develops a new, (maybe) patentable technology may wish to commercialize it and develop a start-up company based on it, and expand sales beyond the United States. A company wanting a global imprint will face several legal issues, which changes its legal strategy from a purely domestic presence. During the start-up/development phase, the approach to forming and protecting intellectual property is different when the entrepreneur intends a global reach.

Issues that will be discussed in class include legal strategies on trademark registration and protection, patents, copyrights and trade secrets. In addition we will examine the role of various contracts that may be used to secure rights beyond traditional IP. At the end of the course, students, will be able to identify the key issues that should be addressed when advising a client on both domestic and international IP issues related to a start-up company.

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