- Course Catalogue
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- Courses by Title Clinics Commercial Law Corporate Law Criminal Law and Procedure Environmental Law Externship Health Law
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Intellectual Property and Entertainment Law
Please make your selection from the list below:
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.
back to topAdvanced Intellectual Property Theory (INDL9313)
2 or 3 credits. Seminar.
Prerequisites: Intellectual Property, or Patent Law and Practice, Copyright and Trademark and Unfair Competition
This seminar focuses on the theoretical foundations for patent, copyright, and trademark law, including public goods theory,which is the traditional basis for patent and copyright law, and competition theory and search-cost theory, which are traditional bases for trademark law. This seminar focuses on these theories and the common ground shared by all theories of intellectual property, which is providing incentives for suppliers of intangible creations and preventing free riding by others.
back to topTrademark 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.
back to topInformation Privacy Law (INDL9234)
2 or 3 credits. Seminar.
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 seminar 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 seminar we will examine the effect of technological change on our social conceptions of privacy and evaluate the legal reactions to these changes.
back to topBiotechnology and the Law (INDL9319)
2 credits. Course.
Counseling new or small businesses on intellectual property issues is challenging. They have limited resources, and often have personnel who are not familiar with the intricacies of intellectual property laws. However, without effective counsel, they will fail to maximize the value of their own intellectual property and run the risk of being shut down because they violate someone else's rights. Using a hypothetical biotechnology company, this course will navigate a series of complex intellectual property issues that counsel for a start-up company will likely confront. For each of the topics, students will review the current state of the law and explore ways to respond to the concerns and questions of employees of the hypothetical company.
back to topUnited States 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.
back to topTrademark Registration (INDL9322)
2 credits. Seminar.
Prerequisite: Intellectual Property or Trademark and Unfair Competition
Federal registration provides important benefits to trademark owners. Registration work is a staple of many law firm and in-house intellectual property practices. This class will cover the basics of trademark registration practice, from selection of a mark and initial screening through opposition proceedings. Assignments will include hands on drafting of opinion letters, registration papers, and pleadings drawn from real-world examples.
back to topElectronic Commerce (INDL7307)
3 credits. Lecture.
This course will consider how developments in information technology affect commercial transactions. The course will consider issues related to information (including rules for protecting information, intellectual property and privacy) and various types of transactions in the electronic contexts (sales between businesses and/or consumers, website issues, and payments), as well as cross-border dispute-resolution issues. Particular emphasis will be placed on the social, political, and economic issues underlying those legal doctrines.
back to topAdvanced Topics in Intellectual Property (INDL9308)
2 credits. Seminar.
Prerequisite: Intellectual Property or Patent Law and Practice.
This seminar will focus on emerging issues in intellectual property law and policy, including digital rights management and the Digital Millennium Copyright Act; peer-to-peer networking; copyright term and online content; international patent policy, access to essential technologies, and indigenous cultural products; gene and other biotechnology patents; and patent policy with respect to generic medicines.
back to topSports Industry Contracts and Negotiations (INDL9303)
2 credits. Seminar.
The study of the formation, interpretation, negotiation and tax implications of sports industry contracts with emphasis on team-player agreements, agent contracts, sports marketing contracts, collective bargaining agreements and antitrust implications facility leases and related agreements. The course will also address the ethical rules governing lawyers in their interactions in the sports industry.
back to top2 or 3 credits. Seminar.
Prerequisite: Intellectual Property or Trademark and Unfair Competition
This seminar will discuss the theoretical foundations of trademark law, how the structure of trademark law reflects various goals the law is designed to meet, and how the theory and structure of trademark law compares to the theory and structure of copyright and patent law.
back to topLaw 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.
back to topIntellectual Property Licensing (INDL8317)
2 credits. Lecture.
Prerequisite: Intellectual Property or Copyright or Trademark and Unfair Competition.
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, music, software, patent and technology 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.
back to topIntellectual 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.
back to topPatent 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.
back to top3 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.
back to topEntertainment 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.
back to top2 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.
back to top2 credits. Lecture.
Rapid advances in genetics are having extensive effects on our life both within and outside the medical arena. This course will examine the legal transformations taking place in a broad range of legal fields to accommodate these technological innovations. Among the topics to be examined in this course are: (1) genetic testing in the clinical scenario, such as duty to warn issues; (2) Privacy and discrimination related to collection of information by insurers and employers and by the government; (3) Commercialization of genetic research, focusing on gene patents; and (4) Use of genetic information in the courtroom.
back to topSecond Life: Law and Practice in Virtual Communities (INDL9327)
3 credits. Seminar.
Recommended: Internet Law
Second Life, the virtual online community sponsored by Linden Labs, has emerged as the most realistic simulation of an economic society. Sun Microsystems and IBM have invested millions of dollars in online collaboration projects using sims and avatars. Many real world businesses have exploited Second Life as a marketing channel. Law firms and lawyers have established presences, and in some cases practices, in Second Life. There is even a Second Life Bar Association, which is a recognized CLE provider for the State of California. This seminar will provide an opportunity to utilize Second Life to study law and legal practice. Working with startup ventures piloted by students in the Seton Hall School of Business, law students will evaluate business proposals, identify pertinent legal issues [validity of Contracts, Trademarks and Copyrights, Property Ownership and Financing, and Dispute Resolution], and provide legal advice and representation to client avatars.
back to topInternational 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.
back to top2 credits. Seminar.
Note: Students cannot apply both this course and The First Amendment in the Twenty-First Century (PUBR9184) towards degree requirements.
This seminar 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.
back to top3 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.
back to top2 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.
back to topPractical Application of IP in Technology Agreements (INDL9320)
2 credits. Seminar.
This course is a practical survey and application of technology law, predominately covering patent, copyright and trade secret protection for a critical business asset - the information technology system upon which virtually all commerce rests. After covering essential intellectual property concepts, the course will apply these concepts and focus on how to effectively analyze, negotiate and draft the following types of agreements: software licenses, software development agreements including website/e-commerce development agreements and maintenance/support and technology services agreements from both the acquirer and the provider side. The course will also address the fundamentals of resolving disputes arising from those agreements, including intellectual property infringement and failures of performance, with underlying liability theories, vendor defenses and litigation strategy.
back to topCommunications 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.
back to topIntellectual Property Aspects of Pharmaceutical and Biotech Businesses (INDL8310)
2 credits. Lecture.
Prerequisite: Intellectual Property.
This course focuses on the recent case law, relevant legislation, and underlying policies, related to intellectual property protection in the pharmaceutical and biotech industry. We will concentrate on key patent cases from the Court of Appeals for the Federal Circuit and U.S. Supreme Court, and aspects of the FDA law that form the basis for IP protection in these industries. Recent patent cases, including those on enablement, written description, inherent anticipation, infringement under the doctrine of equivalents, inequitable conduct, and research tools, will be reviewed. We will also analyze the Hatch-Waxman Act and competition law that impact both the innovative and generic drug industries, and proposed legislation that is currently being considered by Congress that could dramatically affect these industries.
back to topTechnology, Human Rights, and Equality (INDL9235)
2 or 3 credits. Seminar
This seminar will focus on recent legal efforts to restrict (and encourage) controversial medical technologies. Case studies will include 1) stem cell and genetic engineering research, 2) global access to "essential medicines" (e.g., AIDS treatments), and 3) Medicare coverage decisions (i.e., how this social insurance program decides whether to pay for advanced procedures). Readings will include basic journalistic and philosophic accounts of the controversies involved, and primary and secondary legal materials. Students with a background in intellectual property law, health care law, or administrative law should find the seminar particularly rewarding. Seminar participants will be expected to write a paper advocating for or against a regulation (or proposed regulation) related to the seminar topic.
back to topAdvanced Entertainment Law (INDL9314)
2 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.
back to topAdvanced Topics in Sports Law (INDL9302)
2 or 3 credits. Seminar.
Sports Law
This seminar treats both amateur and professional athletics. For amateur athletics, it deals with administrative and regulatory functions, including rule making and enforcement of amateur athletic organizations and the rights of amateur athletes. 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.
back to topIntellectual Property and Global Public Health (INDL9329)
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