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Intellectual Property |
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Intellectual Property Concentration
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J.D. Program: Intellectual Property
Concentration
Seton Hall University School of Law offers a concentration
in intellectual property law to J.D. students, and allows
them to choose between two tracks: intellectual property or
entertainment law. Concentrations signify a particular area
of expertise within a law school resulting in expansive
course offerings and faculty with a high degree of
scholarship and experience. Many students select
intellectual property courses as electives. Others will
complete the 13-credit concentration to prepare them for a
career in patent, trademark or copyright law.
J.D. Intellectual Property
Requirements
The intellectual property track is overseen by Erik
Lillquist, Associate Dean and Director of the Gibbons
Institute of Law, Science & Technology. The entertainment
law track is overseen by Professor Brenda Saunders. Students
complete their first year of course requirements before
taking intellectual property courses in their second and
third years of study. Students may easily use the following
guidelines before making their course selections. In
addition, intellectual property course advisement sessions
are held once a semester, usually just prior to registration
should any students have concerns or questions. Students may
also contact Helen Cummings, Administrator of Graduate
Programs, with particular questions (cumminhe@shu.edu
/ 973-642-8380).
A concentration form should be submitted
in the student's penultimate semester. Upon graduation, the
student will receive a certificate indicating he or she has
completed the concentration requirements.
(1) successful completion of
three required survey courses: Copyright, Patent Law and
Practice, and Trademark and Unfair Competition.
(2) completion of a certified
AWR paper in either an Intellectual Property course, or
on an intellectual property topic in any AWR course,
provided that the topic has been approved by one of the
directors.
(3) successful completion of
a total of thirteen credits in the Intellectual Property
track or fourteen credits in the Entertainment Law
track with a GPA in those courses of 3.0 or better; the lists of permissible electives differ for the
two tracks.
(4) for the Entertainment Law
track only, successful completion of Entertainment Law.
Note: the Intellectual Property Course does
not
count toward the Intellectual Property Concentration.
THE INTELLECTUAL PROPERTY TRACK
The Intellectual Property track requires a total of thirteen credits, as follows:
Required Survey Courses:
Copyright (3) - INDL
8301
Patent Law and Practice (2) - INDL 8303
Trademark and Unfair Competition (3) - INDL 8302
Successful completion of the remaining credits from
qualifying courses. The qualifying courses are:
Administrative Law
(3) - PUBG 7807
Advanced Topics in Intellectual Property (3) - INDL 9308
Antitrust (3) - PUBG 8801
Biotechnology and the Law (2) - INDL
9319
Communications Law and Policy (2) - INDL
7310
Electronic Commerce (3) - INDL 7307
Independent Research (2) - WRTG 9142
Information Privacy Law (2 or 3) - INDL 9234
Intellectual Property and Antitrust Law (2) - INDL 8305
Intellectual Property Aspects or Pharmaceutical and Biotech
Businesses (2) INDL 8310
Intellectual Property Licensing (2) - INDL 9315
Internet Law (3) - INDL 8309
Law and Genetics (2) - INDL 7312
Mass Media Law (2) - INDL 9323
Patent Claim Drafting (2) - INDL 9305
Technology, Human Rights and Equality (3) INDL 9235
Trademark Registration (2) - INDL 9322
United States Patent Application and Prosecution (2) - INDL
9310
Relevant moot court and writing
competitions as available.
Intellectual Property Track Concentration Declaration Form
THE ENTERTAINMENT LAW TRACK
The Entertainment Law track requires a total of 14
credits, as follows:
Required Survey Courses:
Copyright (3) - INDL 8301
Entertainment Law (3) - INDL 7305
Patent Law and Practice (2) - INDL 8303
Trademark and Unfair Competition (3) - INDL 8302
Successful completion of the remaining credits from
qualifying courses. The qualifying courses are:
Administrative Law
(3) - PUBG 7807
Advanced Entertainment Law (2) - INDL
9314
Advanced Intellectual Property Theory
(3) - INDL 9313
Advanced Topics in Intellectual Property
(3) - INDL 9308
Advanced Topics in Sports Law (2) - INDL
9302
Antitrust (3) - PUBG 8801
Communications Law and Policy (2) - INDL
7310
Corporate Finance (3) - CORP 8132
Electronic Commerce (3) - INDL 7307
Entertainment Contracts, Negotiation &
Drafting (2) - INDL 9312
Entertainment Law Externship (2) - EXTN 9180
Independent Research (2) - WRTG 9142
Information Privacy Law (3) - INDL 9234
Intellectual Property and Antitrust Law
(2) - INDL 8305
Intellectual Property Licensing (2) -
INDL 9315
Internet Law (3) - INDL 8309
Labor Law (3) - LABR 7102
Law in the Music Industry (2) - INDL
8312
Mass Media Law (2) -
INDL 9323
Securities Regulation (3) - CORP 8131
Sports Law (3) - INDL 7308
Trademark Registration (2) - INDL 9322
Trademark Theory (3) - INDL 9316
Relevant moot court and
writing competitions as available.
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Administrative Law (PUBG7801) |
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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.
Note: Students cannot apply both this course and
Administrative Health law (HLTH7500) towards degree requirements.
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Advanced Entertainment Law (INDL9314) |
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ADVANCED 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. |
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Advanced Intellectual Property Theory (INDL9313) |
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ADVANCED INTELLECTUAL PROPERTY THEORY (INDL9313)
2 or 3 credits. Seminar.
Prerequisites: Intellectual Property, or Patent Law & Practice, Copyright and
Trademark & 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. |
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Mass Media Law (INDL9308) |
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ADVANCED 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.
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Advanced Topics in Sports Law (INDL9302) |
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ADVANCED TOPICS IN SPORTS LAW (INDL9302)
2 or 3 credits. Seminar.
Prerequisite: 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.
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Antitrust (PUBG8801) |
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ANTITRUST (PUB8801)
2 credits. Lecture.
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.
NOTE: Students cannot apply this course and Health Care
Antitrust (HLTH9513) towards degree requirements.
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Biotechnology and the Law (INDL9319) |
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BIOTECHNOLOGY AND THE LAW (INDL7315)
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. |
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Communications Law and Policy (INDL7310) |
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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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Copyright (INDL8301) |
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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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Corporate Finance (CORP8132) |
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CORPORATE FINANCE (CORP8132)
3 credits. Lecture.
Prerequisite: Business Associations.
This course continues the study begun in Business Associations
with emphasis on the financial aspects of the publicly held
corporation. It includes: problems of enterprise and securities
valuation; capital structure; the issuance and acquisition of
securities; security holders' rights; dividends; structural
change; mergers and acquisitions. |
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Electronic Commerce (INDL7307) |
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ELECTRONIC 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.
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Entertainment Contract Negotiation and Drafting (INDL9312) |
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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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Entertainment Law (INDL7305) |
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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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Entertainment Law Externship (EXTN9180) |
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ENTERTAINMENT LAW EXTERNSHIP (EXTN9180)
2 credits
Prerequisites: 3.0 GPA in Intellectual Property courses and
Minimum Cumulative 2.6 GPA; Entertainment Law or Intellectual
Property or Copyright or Law in the Music Industry. Industry
experience may be considered in lieu of course prerequisites.
The Entertainment Law Externship Program places students at
either the Offices of Legal & Business Affairs at Broadcast
Music, Inc. (BMI) at Warner Brothers Music, Sony-BMG Music, and
Universal Music Group. All companies are located in New York
City. Students are responsible for legal research and the
preparation of memoranda regarding various performing rights in
music publishing, contractual rights in the recording industry
and entertainment litigation legal issues.
Each externship (Fall, Spring or Summer) requires a total of
150 hours. Externships require students to attend 6 hours of
classroom instruction, and to submit to the faculty director a
written product evidencing legal analysis of approximately 20
pages in addition to a 10 page reflection paper.
These externships are currently limited to three to five
students per semester. A resume, cover letter, and unofficial
transcript must be submitted to Stephanie Kauflin in the Office
of Career Services, Room 470, no later than July 1st for the
Fall semester, November 1st for the Spring semester, and March
1st for the Summer session.
Note: It is possible that other entertainment organizations
may be approved through Professor Brenda Saunders, in accordance
with the faculty policy allowing externships for a specific
category of entertainment companies. Students seeking approval
for other companies must provide Professor Brenda Saunders and
Stephanie Kauflin in the Office of Career Services with such a
proposal through the application process and deadlines listed
above.
This externship is graded on a Pass/D/Fail basis.
NOTE: Four credit maximum for all externships. |
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Independent Research (WRTG9142) |
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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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Information Privacy Law (INDL9234) |
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INFORMATION 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.
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Intellectual Property and Antitrust Law (INDL8305) |
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INTELLECTUAL PROPERTY AND
ANTITRUST LAW (INDL8305)
2 credits. Lecture.
An advanced antitrust course that focuses on the special legal
issues that are present at the intersection of antitrust and
intellectual property. The course will consider several
issues, including: the important role that innovation and
intellectual property play in a competitive economy, market
definition and innovation markets, the essential facilities
doctrine and unilateral refusals to deal when intellectual
property is present, intellectual property licensing and
antitrust, antitrust issues arising in litigation over IP rights,
and mergers and consent decree remedies that involve intellectual
property.
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Intellectual Property Aspects of Pharmaceutical and Biotech Businesses (INDL8310) |
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INTELLECTUAL PROPERTY ASPECTS OF PHARMACEUTICAL AND BIOTECH
BUSINESSES (INDL8310)
Prerequisite: Intellectual Property.
2 credits. Lecture.
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. |
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Intellectual Property Licensing (INDL9315) |
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INTELLECTUAL PROPERTY
LICENSING (INDL9315)
2 credits. Seminar.
Prerequisite: Intellectual Property.
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.
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Internet Law (INDL8309) |
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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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Labor Law (LABR7102) |
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LABOR LAW
(LABR7102)
3 credits. Lecture.
This course analyzes the establishment, maintenance and
survival of the collective bargaining relationship between union
and management. It focuses on the National Labor Relations Act
which, in conjunction with the Norris-La Guardia Act, governs
union organizational campaigns, the process of collective
bargaining, and economic tools of both sides, including strikes,
lockouts, boycotts and picketing.
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Law & Genetics (INDL7312) |
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LAW & GENETICS (INDL7312)
2 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.
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Law in the Music Industry (INDL8312) |
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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 (INDL9323) |
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MASS MEDIA LAW (INDL9323)
2 credits. Seminar.
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.
Note: Students cannot apply both this course and The
First Amendment in the Twenty-First Century (PUBR9184) towards
degree requirements.
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Patent Claim Drafting
(INDL9305) |
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PATENT CLAIM DRAFTING (INDL9305)
2 credits. Seminar.
Prerequisite: Patent Law and Practice.
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.
NOTE: Students are required to have a degree in engineering or a physical
science.
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Patent Law and Practice (INDL8303) |
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PATENT LAW AND PRACTICE (INDL8303)
2 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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Securities Regulation (CORP8131) |
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SECURITIES REGULATION (CORP8131)
3 credits. Lecture.
Prerequisite: Business Associations.
This course analyzes the statutes collectively referred to as
the federal securities laws with emphasis on the Securities Act of
1933. Most of the course is devoted to a consideration of defining
a security, registration of securities offerings, and exemptions
from registration. Liability under the 1933 Act will also be
addressed, as will registration of broker-dealers. |
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Sports Law (INDL7308) |
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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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Technology, Human Rights, and Equality (HLTH) |
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TECHNOLOGY, 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.
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Trademark and Unfair Competition (INDL8302) |
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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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Trademark Registration (INDL9322) |
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TRADEMARK
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.
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Trademark Theory (INDL9316) |
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TRADEMARK THEORY (INDL9316)
2 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.
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United States Patent Application Preparation and Prosecution (INDL9310) |
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UNITED STATES PATENT APPLICATION PREPARATION AND PROSECUTION (INDL9310)
2 credits. Seminar.
Prerequisite: Patent Law and Practice.
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.
NOTE: Students are required to have a degree in engineering
or a physical science.
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