Current Students

Intellectual Property

Please make your selection from the list below:

Entertainment Law (INDL7305)

3 credits. Lecture.

This course is a general survey and analysis of substantive areas of law relating to the production, distribution and exhibition of products and services in the entertainment and media industries. Areas surveyed include music, film, television, cable, publishing, legitimate stage, the online entertainment industry and the regulation of attorneys, agents and managers. It treats the creation, ownership and regulation of entertainment speech with emphasis on the first amendment, defamation, the right of privacy, the right of publicity, copyright, trademark, unfair competition, the law of ideas, moral rights, theories of credit, contract law and sources of regulation of professionals who work in the entertainment and media industry.

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Information Privacy Law (INDL7304)

3 credits. Lecture.

In recent years new information technologies have greatly transformed our everyday lives. The effects of these technologies on our personal privacy have become a particularly pressing matter under constant scrutiny in both the popular discourse and the law-making process. This course will focus among other topics on: (1) Internet privacy, including issues related to anonymity, commercial profiling and spam; (2) Health and genetic privacy, including issues relating to medical records, confidentiality of physician-patient relationships, DNA databases and genetic discrimination; (3) Law enforcement privacy, including issues related to wiretapping, surveillance, and counter-terrorism and post 9/11 reactions. In the course we will examine the effect of technological change on our social conceptions of privacy and evaluate the legal reactions to these changes.

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Advanced Entertainment Law (INDL9314)

3 credits. Seminar.

Prerequisite: Entertainment Law.

This seminar involves an in-depth look at certain areas of the entertainment and media industry introduced in the survey course such as television, music licensing and publishing as well as an in-depth look at areas not dealt with in the survey course, such as independent film production, news gathering, advertising, video games, character licensing, and gambling. Assigned reading, class discussion and presentations by various specialists will be used to explore current legal issues, legislation and litigation.

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Genetics: Law, Policy, and Bioethics (HLTH8515)

2 credits. Lecture.

The course will examine a variety of legal, policy, scientific, social, and ethical issues relating to genetics and genomics. It will take an interdisciplinary approach to examination of these issues, drawing upon a diverse set of reading materials within the casebook. Topics to be covered include the intersection of law and science generally; genetics research and bioethical issues in human subject research; commercialization, ownership, and gene patenting; genetic testing and reproduction; access and liability issues; clinical applications of genetics research; and genetic privacy.

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Communications Law and Policy (INDL7310)

2 credits. Lecture.

This lecture provides an intensive study of the law and public policy relating to communications, with special emphasis on telecommunications. We will study the history and structure of the telecommunications industry in the United States, and recent developments toward creating competition in formerly monopoly markets. We also will review the sources of communications law and policy (federal and state agencies and courts), explore a layman's understanding of the technical network fundamentals, and evaluate content issues. We will discuss practical client concerns as they evaluate entry into new lines of business and defending existing lines of business from competitive threat.

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Intellectual Property Licensing (INDL8317)

2 credits. Lecture.

The seminar will provide a comprehensive study of all aspects of Intellectual Property licensing and related issues. Students will analyze and draft various trademark, copyright, character, right of publicity/privacy, merchandizing, music, software, confidentiality, patent/technology, and new media licenses, and develop related negotiation skills and litigation strategies. The focus will be practical and will show how value can be unleashed in Intellectual Property Assets through licensing.

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International and Comparative Intellectual Property Law Survey (INDL7317)

3 credits. Lecture.

This course examines the international intellectual property system and will cover the major intellectual property conventions and treaties, including the Berne and Paris Conventions and TRIPS. Highlighted will be the differences in the philosophy and application of intellectual property principles across various national jurisdictions, with particular attention to differences among the United States, Europe and Asian countries. In addition, the class will examine the various means of securing intellectual property rights across national borders. Finally, social and policy issues raised by the current international structure, including an examination of the WIPO Development Agenda, the proposed Access to Knowledge treaty, and issues relating to patents on essential medicines will be covered.

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Patent Law (INDL8303)

3 credits. Lecture.

This course undertakes an intensive examination of the nature of patents and questions of patent validity and procurement, primarily for those intending to specialize in the patent area in their future practice. It includes: nature of patent property; problems in the procurement of patents including filing date, obtention and maintenance; international practice and problems; patent office practice; problems of validity including novelty, utility and non-obviousness; and transfers of property rights in patents.

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Legal Issues in Online Communities (INDL9327)

3 credits. Seminar.

Recommended: Internet Law

Legal Issues in Online Communities: A survey of major legal issues that affect online communities, including full scale simulations such as Second Life as well as social network communities such as Facebook and Twitter. The seminar will consider problems involving Intellectual Property [trademark, copyright, right of publicity, Virtual property], Terms of Service, Cyberbullying, Startup Businesses, and Privacy.  

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Sports Law (INDL7308)

2 credits. Lecture.

A survey of the major topics in sports law. Special attention is given to the regulation of professional and amateur athletics, the organizational structure of sports leagues and associations, labor-management relations, international sports regulatory agencies, individual rights of athletes and spectators, and the application of tort and criminal law principles to sports. This course is designed for law students with an interest in the interrelationship of American sports and the legal system and not exclusively for those interested in careers as sports lawyers.

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Law in the Music Industry (INDL8312)

2 credits. Lecture.

Prerequisite: Entertainment Law

This course focuses on the daily legal issues facing attorneys in the music industry. It will consider the various legal relationships within a musical group and between the artist and his various representatives. It will then discuss the most heavily negotiated agreements in the music industry, beginning with demonstration, sample and producer agreements. The course will next explore legal pitfalls of production company agreements, and will then dissect various provisions of both recording and music publishing agreements. The course will then consider music industry unions and the American Federation of Musicians and the American Federation of Television and Radio Artists impact of the artist and the record company. Finally, the course will discuss the legal issues facing music industry attorneys in the 21st century, with specific focus on digital transmission of music, down-loading of music over the internet and alternative methods of music delivery.

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Mass Media Law (INDL7319)

2 credits. Lecture.

Note: Students cannot apply both Mass Media Law (INDL7319) and The First Amendment in the Twenty-First Century (PUBR9184) towards degree requirements.

This lecture surveys the constitutional principles, laws and regulatory policies that shape the mass media. It has two principal goals: to engage students in a critical review of the substantive case law governing the gathering and dissemination of information by print, television and internet; and to facilitate an understanding of the adequacy of the constitutional protection which this body of law affords the nation's major media institutions.

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Trademark Registration (INDL9322)

2 credits. Seminar.

Federal registration provides important benefits to trademark owners, including corporations. Trademarks are among a company’s most valuable assets. Registration work is a staple of many law firm and in-house intellectual property practices. This class will cover the basics of domestic and international trademark registration practice, from selection of a mark and legal screening/clearance through opposition proceedings, registration, and beyond. Hands on, practical use of the USPTO website for filings and research will be explored. Assignments will include hands on drafting of opinion letters, registration papers, and pleadings drawn from real-world examples.

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Patent Application Preparation and Prosecution (INDL9310)

2 credits. Seminar.

Prerequisite: Patent Law and Practice.

NOTE: Students are required to have a degree in engineering or a physical science.

This seminar develops the writing and analytical skills required to draft applications for United States patents. Patent claim drafting skills are not undertaken in this course. Patent prosecution techniques, however, including evaluation of Patent and Trademark Office Official Actions and preparation of responses to these Official Actions are studied. There also is practice in drafting appellate briefs for submission to the Board of Patent Appeals and Interferences.

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Intellectual Property and Global Public Health (INDL9329)

3 credits. Seminar.

Recommended: Intellectual Property, Copyright or Patent Law

The seminar will consider the intersection of intellectual property rights and global public health.  Issues to be discussed may include, for example, the impact of patents on access to essential medicines, compulsory licensing and pandemic preparedness, proprietary and open access publishing models for scientific and technological information, economic incentive theory and healthcare innovation, biodiversity and the protection of indigenous genetic information, and the relationship between intellectual property and healthcare finance. Students will be required to participate in discussions of weekly readings and to submit a paper on a topic, to be approved by the professor, related to the themes of the course.

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Independent Research (WRTG9142)

2 credits.

 Prerequisites: Minimum Cumulative 3.00 GPA and good academic standing.

 

This offering consists of faculty-directed research for one semester on a topic approved by a faculty member supervising the research and by a committee of the faculty. The resulting paper must be a minimum of 40 pages and is required to meet law review student publication standards. It must be defended before the Independent Research Committee. A student seeking to enroll in Independent Research must receive the consent of a full-time faculty sponsor and the Independent Research Committee prior to enrollment. Those students interested in registering for Independent Research must obtain the appropriate form from the Registrar's Office and return it with the required signatures before being permitted to register for the course. Registration must be completed no later than the Drop/Add period of the semester in which the course is taken.

NOTE: This course can only be taken once and is not open to first year and second year evening students.

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Antitrust (PUBG8801)

3 credits. Lecture.

NOTE: Students cannot apply both Antitrust (PUBG8801) and Health Care Antitrust (HLTH9513) towards degree requirements.

This course studies legal protection of the competitive system under the Sherman Act, Clayton Act, Federal Trade Commission Act and related legislation. It considers problems relating to monopoly power; "horizontal" restraints on competition such as price fixing and concerted refusals to deal; "vertical" restraints such as resale price maintenance, tying and exclusive dealing arrangements; and limitations on permissible mergers and joint ventures. It explores economic as well as legal implications of federal government regulation of corporations.

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Cybersecurity Law (INDL7309)

3 credits. Lecture.

This course will examine the developing field of "Cybersecurity " law.  "Cybersecurity" refers to technological, social, and legal controls implemented by government and private entities to secure electronic communications and data networks from manipulation, theft and attack by enemies of the state, terrorists, hackers, competitors, and other adversaries.  The course will examine these issues from the perspectives of economic regulatory policy, unfair competition and trade secret law, criminal law, constitutional law and civil liberties law, and public international law.

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Entertainment Law (INDL7314)

2 credits. Lecture.

Note: Students cannot apply both the summer course in Entertainment Law (INDL7314) and Entertainment Law (INDL7305) towards degree requirements.

This course is designed to provide a survey of the often inter-twined legal and business issues encountered when structuring and negotiating transactions for clients in the motion picture and television industry. The material will be presented from the perspective of the practitioner representing clients involved with the production and exploitation of films and programs intended for initial exhibition primarily in theatres and on all forms of television. The course will examine the appropriate business entities to be utilized, and the various structures commonly employed to finance production, including distribution presales, network licenses, bank loans, completion bonds, tax shelters and various governmental subsidies. Major studio versus independent production will be discussed. Sources of revenue will be discussed, and the various forms of contingent compensation, including deferments and net, gross and adjusted gross participations. The course will also introduce the legal and business issues which are commonly encountered in connection with the acquisition of underlying literary properties, agreements for the services of producers, writers, directors and actors (including minors) including the impact of the guilds in connection with compensation, residuals, credit and related issues, and will examine agreements governing talent representation by agents and managers, including the laws under which they function. Various forms of legal protections afforded intellectual property will be examined, including under copyright, implied contract theory, rights of privacy/publicity and other statutory and common law approaches. Typical industry transactions will be discussed and the corresponding forms of contracts examined, with a view towards understanding the key issues involved, the positions customarily taken by each side and the compromises often reached. The goal of the course is to enable students to develop an informed and analytical approach to the practice of entertainment law.

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Health Information Privacy and Innovation (HLTH9530)

3 credits. Seminar.

This course will focus on the uses (and misuses) of health information compiled about patients, insureds, research subjects, and populations. Medical privacy law has focused on assuring the privacy, security, and accuracy of medical data. The post-ARRA and post-ACA landscape will include more concern about balancing privacy, innovation, access, and cost-control. The course will also examine the legal aspects of data portability, integrity, and accuracy. When two health records conflict, which takes priority? What is “meaningful use” of an electronic health record under ARRA, and how will regulators and vendors assure interoperability between medical records systems? The course will also cover innovators’ efforts to protect their health data systems using contracts, technology, trade secrecy, patents, and copyright, and "improvers'" efforts to circumvent those legal and technological barriers to openness. We will also examine pharmaceutical companies’ past and present strategies regarding the disclosure of their research, including non-publication of adverse results and ghostwriting of positive outcomes. Will a “reproducible research” movement, popular in the hard sciences, reach pharmaceutical firms? After covering provider data, we will turn to insurer data, including trade-secret protection of prices paid to hospitals, conflicts over the interpretation of disclosure requirements in the ACA, and state regulation of insurer-run doctor-rating sites. Post-HCQIA quality improvement programs will also be examined. All students will be required to write a comment on a current rulemaking on health records, data, or privacy (at agencies like FDA, HHS, or state health departments). They may incorporate the comment (with proper editing) into an AWR paper at their discretion. The course will emphasize creative, critical thinking about using state and federal law and regulation to advance clients’ interests and the public interest.

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Film Law (INDL8315)

2 credits. Lecture.

Prerequisites: Entertainment Law or Copyright.

The course will give students a guided tour of motion picture law and marketing by tracking the legal life cycle of an independent film though stages of development, pre-production, post-production, and distribution.  Class topics include: protecting movie pitches, screenwriting agreements and options, cast and crew contracts, copyrights and trademarks, music licensing, distribution agreements, and other key areas affecting filmmakers.

The class will emphasize hands-on learning by providing students with opportunities to engage in mock negotiation, contract drafting, intellectual property, issue spotting, and dialogues, with industry professional guest lecturers.

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Curernt Issues in IP Litigation (INDL9311)

3 credits. Seminar.

This seminar will focus on procedural and substantive developments with which courts and practitioners currently are wrestling in patent, copyright, trademark, and trade secret cases. For the writing requirement, students would have an option of producing the "standard" law review-type paper, or a filing-quality brief advocating a position in an ongoing litigation relating to one of the "current issues" we will be discussing (e.g., a brief on the patentability of gene sequences in Myriad).

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Art Law (INDL7322)

2 credits. Lecture.

In particular, it would examine artists’ rights, such as copyright, moral rights, resale rights and First Amendment rights, as well as the law governing the artist-dealer relationship, auctions and private sales. The course would also discuss the law and practice governing artists’ foundations, estates and museums. It would then examine questions of authenticity in art, and the (sometimes limited) ability of law to aid in resolving disputes about such issues. A significant portion of the class would be spent on the law governing reparations for the wartime plunder and theft of art, as well as on the international trade of art and the national and international law of cultural property (antiquities).

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Negotiation Skills and IP Issues in Sports Law (PRMD9230)

2 credits. Lecture/Skills. ((1 credit is counted towards the 15 credit limit on Skills and Self-Directed Work Study.)

Course is graded High Pass, Pass, Low Pass or Fail. 

This course is a collaboration of topical discussions of intellectual property (IP) in professional and amateur sports and negotiation skills in sports-related issues. The IP topics will include an examination of idea submission and protection, copyright issues in broadcasting sports events, First Amendment, trademark and branding ownership rights, trade dress, right of publicity, defamation, invasion of privacy, use of likenesses in video games and virtual worlds, merchandising, marketing and licensing of IP rights, morals clauses. A secondary consideration incorporates a comparison of these rights in the various entertainment industries. In the latter context, comparisons will also be made between agency regulations in sports and agency customs in entertainment as well as the intersection and divergence in contracts, deal points/deal breakers and custom in the two industries. In addition, the collective bargaining issues in both industries will be explored.

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Foundations of Intellectual Property Law and Policy (INDL9328)

3 credits. Seminar.

This seminar examines the foundations and policies underlying intellectual property law.  It considers how and why patent, trademark, and copyright law are similar to and different from one another, the reasons for protecting exclusive rights to intangible creations, and when the public should have unrestricted access to inventions, artistic creations, and source-indicating symbols.  The focus is on completing an AWR paper on any intellectual property topic related to patent, trademark, or copyright.

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Gaming Law (INDL7325)

2 credits. Lecture.

The course is a comprehensive study of the law relating to gaming activities with an emphasis on the laws, policies, and procedures that have developed through court decisions and the regulatory activities of the administrative agencies. In addition, the course will provide an overview of public policy issues, the federal role in regulation of gaming, the economics of gaming, the creation of gaming control systems, the licensing process, gaming contracts and gaming crimes. The course will also explore the nature of the eveil sought to be addressed in gaming laws and regulations, will examine the leading approaches to the regulation of gaming, and will deal with some of the current issues in gaming law.

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Intellectual Property and Global Justice (INDL9330)

3 credits. Seminar

Recommended: Intellectual Property, Copyright or Trademark and Unfair Competitions.

Intellectual Property and Global Justice: This seminar will focus on the relationship between intellectual property and global justice. The first segment of the semester will provide an in-depth analysis of theories of intellectual property rights (“IPRs”) and a thorough review of the international intellectual property system. The class will then consider how IPRs relate to access to essential medicines, access to scientific and technological knowledge, cultural property, and global institutional frameworks, particularly as these issues connect to the benefits and burdens of IPRs on global public health.

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Current Topics in Internet Law (INDL9331)

3 credits. Seminar

This research seminar will focus on specific areas based upon individual student research topics, which may include any aspect of Internet Law, including but not limited to NSA Surveillance, Data Mining, Computer Fraud & Abuse Act, Consumer Contracts, BitCoin and other Virtual Currencies, Filtering & Site Blocking, ISP Liability for User Generated Content, Broadcast/Cable/Satellite/Internet Content Systems, and Search & Seizure of Internet Content. Classes will include overview of specific topics followed by problems and role play. 

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Health Information Privacy & Security (HLTH7518)

2 credits. Lecture

As our health information is being digitized and stored in electronic records, this transformation poses novel challenges for the laws designed to protect the privacy and security of our personal health information. This class will provide students with a substantive overview and analysis of the laws that directly govern or have an impact on health information privacy and security in the United States. The main focus of this course will be the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings.

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Entertainment Contract Negotiation and Drafting (INDL9312)

2 credits. Seminar.

Prerequisite: Entertainment Law.

In this seminar students develop contract negotiation and contract drafting skills through mock negotiations and contract drafting. The class will include lecture, material and practical experience, negotiation deal points, and then drafting the final contract. Contracts will be negotiated in the motion picture, theatrical, music, television and publishing fields.

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Copyright (INDL8301)

3 credits. Lecture.

This course covers all phases of common law and statutory copyright including works subject to protection; securing protection; rights of copyright holder and succession to those rights by agreement and inheritance; international problems; and fair use and infringement questions.

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Intellectual Property (INDL7301)

3 credits. Lecture.

This course is a survey of the law of patent, copyright and trademark. It serves as an introduction to the scope of protection of ideas and creation of legal monopolies and provides a foundation in the area for those who intend to undertake further training in more specialized areas of proprietary rights.

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Administrative Law (PUBG7801)

3 credits. Lecture.

This course studies the theory of administrative actions; administrative process; agency organization; determination and promulgation of the administrative regulations; right to notice and hearing; enforcement; judicial review; standing; and the Administrative Procedure Act.

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Internet Law (INDL8309)

3 credits. Lecture.

Recommended: Intellectual Property.

This course surveys legal issues related to the use and misuse of global electronic networks including the Internet. Topics to be discussed include: regulation of digital content; privacy and control of personal data; legal and constitutional implications of public key infrastructure; and regulation of electronic commerce.

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Trademark and Unfair Competition (INDL8302)

3 credits. Lecture.

This course treats common law and statutory protection of ideas, trade secrets, and trademarks, including: acquisition and loss of trademark rights; registration and licensing; problems of infringement, dilution, and misappropriation of trademarks; fair use and Internet use of trademarks; and related remedies.

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Patent Claim Drafting (INDL9305)

2 credits. Seminar.

Prerequisite: Patent Law and Practice.

NOTE: Students are required to have a degree in engineering or a physical science.

This drafting seminar will focus on the "claim" or "claims" appended to a patent specification. The claim defines the scope of the grant, or the technical extent of the exclusive privilege the patent accords to its owner. Claim drafting assignments will be distributed to the students before each class. Each student's work will be reviewed on an individual basis, with rewriting and revision as needed.

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Advanced Topics in Sports Law (INDL9302)

3 credits. Seminar.

Prerequisite: Sports Law or Negotiations Skills and IP Issues in Sports Law.

This seminar treats both amateur and professional athletics. For professional athletics, the seminar surveys rules concerning league governance, the contractual relationship between player and club, labor relations, antitrust aspects of restraints on player and franchise movement and the relationships among athletes, agents and media.

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Biotechnology & The Law (HLTH9529)

3 credits. Seminar

This seminar will examine a variety of legal and policy issues at the forefront of advancements in the life sciences, drawing upon a diverse and interdisciplinary set of reading materials.  Topics to be covered include genetics, biotechnology, nanotechnology, neuroscience and synthetic biology.

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Law and the Life Sciences (INDL9321/HLTH9529)

3 credits. Seminar.

This seminar will examine a variety of legal and policy issues at the forefront of advancements in the life sciences, drawing upon a diverse and interdisciplinary set of reading materials.  Topics to be covered include genetics, biotechnology, nanotechnology, neuroscience and synthetic biology.

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