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LL.M. Degree in Intellectual Property

 
 

LLM Program Formats

There is a strong, persistent demand for well- trained IP lawyers in law firms, in-house legal departments, and government across a range of industries. Many of these firms, industries and agencies have roots in New Jersey or Manhattan. Seton Hall Law School has a long history of offering a wide array of IP courses, and created an IP concentration for J.D. students in 2000. In 2008, the Law School received acquiescence from the American Bar Association to establish an LL.M. degree in IP law. Seton Hall Law School now provides training beyond the J.D. degree to select students, practitioners and scholars in the growing and increasingly complex IP discipline.

ADMISSION

The Law School seeks to admit highly qualified candidates with a particular interest in IP law, including patent, trademark, copyright and technology law. All candidates must hold a J.D. degree from a law school that is approved by the Section of Legal Education of the American Bar Association or the foreign equivalent from a school of law.

We seek candidates for the LL.M. program from among attorneys already practicing IP law who wish to increase their exposure to and credentials in the field; attorneys who wish to transition from other practice areas to IP; government officials and regulators who specialize or wish to specialize in IP related issues; and law school graduates who are interested in teaching or other academic or research work relating to IP law. It is possible for students to combine courses from the Health and the IP LL.M. curricula.

In making its selections, the LL.M. admissions committee will consider depth of practice experience, quality of law school academic record, demonstrated interest in intellectual property law, and evidenced ability to do superior academic work. In most cases, we highly recommend that a candidate have at least two or three years of practice experience, beyond a judicial clerkship, before commencing the graduate program. The application process is rolling and applications for admission are accepted at any time.

APPLICATION REQUIREMENTS

can be found here.

COURSE OF STUDY

LL.M. candidates must meet the following requirements:

  1. Completion of 24 credit hours of course work;
  2. Completion of a high quality paper, under the supervision of a full-time faculty member (3 credits); and
  3. Maintenance of a GPA of at least 3.0.

LL.M. candidates may pursue one of five sub-specialties:

  1. Patent Law and Policy,
  2. Trademark Law and Policy,
  3. Copyright Law and Policy,
  4. Intellectual Property and Life Science Industry, or
  5. Intellectual Property and Telecommunications Industry

The graduate student’s faculty advisor will aid the student in selecting electives appropriate to the student's subspecialty. LL.M. students are expected to complete all course work within six years.

COURSE OFFERINGS

Required Courses | 9 Credits

Number Name Credit Offering

INDL8301

Copyright Law

 

This course introduces students to the basic concepts and doctrines of copyright law. Topics covered include:

  1. Foundational principles of copyright law

  2. Copyright in special issues, such as software, architecture, and databases

  3. Derivative works, work for hire, and joint authorship

  4. The doctrine of fair use

  5. Copyright issues raised by new technologies that facilitate copying

  6. Digital works and information technologies

3

in-class

INDL8303

Patent Law

 

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.

3

in-class

INDL8302

Trademark and Unfair Competition

 

This course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:

  1. Acquisition and loss of trademark rights

  2. Registration and licensing

  3. Problems of infringement, dilution, and misappropriation of trademarks

  4. Fair use and Internet use of trademarks and related remedies

3

in-class


Advanced Writing Requirement | 3 Credits

LL.M. students shall satisfy their advanced writing requirement in a 3-credit AWR seminar taught by a full-time faculty member. The full-time faculty member teaching the AWR seminar shall serve as the LL.M. student’s supervisor. The final paper must satisfy the law school's advanced writing requirement.


Core Courses | 12 Credits

* Students may take up to 2 elective courses from another concentration area in place of courses on this list.

Number Name Credit Offering

INDL9314

Advanced 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.

3

in-class

INDL7550

Cybersecurity and Privacy I: Law & Policy

 

This course provides a broad overview of key issues at the intersection of cybersecurity and privacy. Topics covered include:

  1. Security practices, standards, and insurance

  2. Data breaches, incident response, and corporate governance considerations

  3. Consumer protection law and enforcement actions

  4. The Computer Fraud and Abuse Act (aka the “anti-hacking” statute)

  5. Law enforcement surveillance

  6. Emerging technological paradigms and legislative responses

2

online

INDL7555

Cybersecurity and Privacy II: Compliance and Risk Management

 

This course describes practical frameworks for data privacy and security risk management and compliance. We examine the CIA (Confidentiality, Integrity, and Availability) Triad, the NIST Cybersecurity and Privacy Frameworks, and essential principles of Privacy by Design (PbD), along with qualitative and quantitative methods of cyber risk assessment. We apply these frameworks and methods to realistic cybersecurity and privacy scenarios. We further explore methods of transferring cyber risk, including third-party contract terms and cyber insurance. Finally, we discuss legal requirements relating to data breach response and other forms of legal process concerning digital information.

Prerequisite: INDL7550 Cybersecurity I

2

online

INDL7309

Cybersecurity Law

 

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.

3

in-class

INDL8340

Cybersecurity: Computer Crimes and Personal Security

 

This module evaluates the nature of cyber crime and the legal framework for fighting cyber crime. We will learn about common modes of cyber attack, the use of mass crime tools such as "botnets," and the role of organized crime in cyberspace. We will study the U.S. Computer Fraud and Abuse Act and related U.S. and international laws that apply to computer crimes. We will also consider threats to personal safety arising out of cyberspace, including bullying, stalking, harassment, and child pornography, and we will study the unique legal challenges involved in crafting statutes to address such conduct without unduly impinging on rights of free speech and free association.

1

in-class

INDL9312

Entertainment Contract Negotiation and Drafting

 

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.

2

in-class

INDL7305

Entertainment Law

 

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.

3

in-class

INDL7313

Entertainment Law: Torts

 

Entertainment Law 1 provides an introduction to the torts that are frequently encountered in the entertainment business. The course covers topics such as the following:

  1. Law of ideas
  2. Copyright law
  3. Trademark law
  4. Privacy torts
  5. Defamation law
  6. Breach of contract

 

2

online

INDL7316

Entertainment Law: Legal Regulation of Industry Practices

 

Entertainment Law 2 examines industry-specific approaches with an eye toward transactional practices, insulation from liability, as well as typical workplace and consumer issues. The course covers contracting practices with respect to the following, among others:

  1. Music royalties
  2. Film actor agreements
  3. Liability waivers for reality television and game shows
  4. Contracts regarding credit, pay or play, and profit participation

It also examines recurrent workplace and social issues in the industry, such as the following:

  1. Race and gender discrimination
  2. Sexual harassment
  3. Censorship

 

2

online

INDL9328

Foundations of Intellectual Property Law and Policy

 

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.

3

in-class

INDL7304

Information Privacy Law

 

Information technology has transformed our everyday lives, but at the same time, it has profound effects on our personal privacy. A vast amount of our personal information is digitized. This includes details about our health and genes, purchasing and reading habits, chats with friends and even our physical location. Government and private companies can access, collect, store, transfer to other parties, and sometimes misuse our personal information.  U.S. law has grappled to regulate privacy through a growing amalgamation of judicial decision-making, statutes and regulations. This course will examine the regulation of privacy in the United States. But since information is not confined by national boundaries, it will also examine global privacy regulation (particularly in the European Union) and its impact on privacy regulation in the United States.

2

in-class

INDL7301

Intellectual Property

 

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, trademark, and copyright law.  We will also briefly look at state law doctrines focusing on trade secrets.  The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic.  Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise.  Since most lawyers’ business models depend on the commodification of information, any practitioner would benefit from an understanding of this field.

3

in-class

INDL8317

Intellectual Property Licensing

 

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.

2

in-class

INDL9310

Patent Application, Preparation and Prosecution

 

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.

2

in-class

INDL9305

Patent Claim Drafting

 

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.

2

in-class

INDL9322

Trademark Registration

 

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.

2

in-class


ACADEMIC STANDING

LL.M. students must remain in good academic standing throughout the program. View the full academic policy.

EXAM PROCEDURES

Each student is given an exam number. In addition to using his or her exam number, each student should indicate on the front of his/her exam that he/she is an LL.M. candidate. This allows professors to exclude graduate students from the mandatory J.D. grading curve. No other reference to identity should be indicated on the exam. Every effort to maintain a student’s anonymity will be made; however, anonymity may sometimes be compromised due to the small number of graduate students enrolled in a given class.

Online LL.M. Application

For additional information, please contact

Enrollment Services

[email protected]
973-642-8747
or request information online.