IP Survey - Fall 2016
This course provides a broad overview of intellectual property law. After discussing the policies underlying the protection of intellectual property rights, we will cover trade secret, patent, copyright, and trademark law, and related doctrines such as the right of publicity. These topics will be examined with a focus on new technologies, but a science or technical background is not required. This course provides a foundation for advanced intellectual property courses and is also appropriate for students who seek only a general understanding of intellectual property law.
(1) Robert P. Merges, Peter S. Menell, & Mark A. Lemley, Intellectual Property in the New Technological Age (2016) - information about how to purchase Volumes I and II of the book is here on the author's website.
(2) I may distribute additional required materials for you to read on TWEN, in class, or on this website.
8/23: Pages 1-42 of Chapter I (Introduction) in Volume I of Intellectual Property in the New Technological Age (IPNTA Vol. I) - note the authors have made the first two chapters of their book available for free on SSRN
II. Trade Secret Law
8/25: Pages 1-39 of Chapter II (Trade Secret Law) of IPNTA Vol. I - the casebook (CB)
8/30: CB 39-65
9/1: CB 65-111; answer to the practice trade secret exam is due at 10 a.m.
III. Patent Law
9/6: CB 3-32 of Chapter III (Patent Law) of IPNTA Vol. I (introduction and novelty)
9/8: CB 32-79 (novelty and nonobviousness)
9/13: CB 88-138 (nonobviousness, utility, and disclosure; skip Kubin)
9/15: CB 139-79 (patentable subject matter)
9/20: CB 180-223 (administrative patent review, claims and claim construction)
9/22: CB 224-70 (claims and claim construction cont'd; infringement)
9/27: CB 264-301 (infringement cont'd, defenses, and remedies)
9/29: CB 311-355 (remedies cont'd, design patents, international patent law) (note we will skip federal preemption)
IV. Copyright Law
10/4: Answer to the practice patent law exam is due by 10 am; Pages 4-32 of Chapter IV (Copyright) of IPNTA Vol. II (introduction, requirements)
10/6: CB 32-74 (requirements, copyrightable subject matter)
10/7 at 10:00 am in Courtroom on third floor of Warren Hall (Friday make-up class for 11/3): CB 74-118 (copyrightable subject matter, ownership and duration)
10/11: CB 119-71 (ownership, rights and infringement)
10/13: CB 174-219 (rights and infringement)
10/18: CB 220-66 (rights and infringement)
10/20: CB 267-304 (defenses)
10/25: CB 304-46 (defenses)
10/27: CB 346-74 (remedies, international copyright law)
V. Trademark Law
11/1: CB 3-40 of Chapter V (Trademark Law) of IPTNA Vol. II (introduction, what can be protected as a trademark, establishment of trademark rights)
11/3: Class cancelled
11/8: CB 41-80 (establishment of trademark rights)
11/10: CB 80-106 (establishment of trademark rights)
11/15: CB 106-39 (establishment of trademark rights)
11/17: CB 139-61; CB 173-75; CB 184-187 (trademark liability)
11/22: CB 188-221; CB 238-39; 244-54 (trademark liability; defenses)
11/24: Thanksgiving break - no class
11/28 (Monday): Practice copyright and trademark exam answer due via email by 10 p.m.
11/29: Friday classes meet instead of Tuesday classes - no class
12/1: CB 255-83; CB 290-97 (defenses; remedies; international trademark law)