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 LLM 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 LLM 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 LLM curricula.
In making its selections, the LLM 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.
APPLICATION REQUIREMENTS
COURSE OF STUDY
LLM candidates must meet the following requirements:
- Completion of 24 credit hours of course work;
- Completion of a high quality paper, under the supervision of a full-time faculty member (3 credits); and
- Maintenance of a GPA of at least 3.0.
LLM candidates may pursue one of five sub-specialties:
- Patent Law and Policy,
- Trademark Law and Policy,
- Copyright Law and Policy,
- Intellectual Property and Life Science Industry, or
- Intellectual Property and Telecommunications Industry
The graduate student’s faculty advisor will aid the student in selecting electives appropriate to the student's subspecialty. No credits can be applied from a JD program to the Seton Hall LLM Program, but a student who has taken similar courses in his/her JD program may be excused from taking courses that would otherwise be required for the LLM.
LLM students are encouraged to complete the degree within two years of commencing enrollment in the program, but they have up to six years to do so.
COURSE OFFERINGS
Required Courses | 8 Credits
Number | Name | Credit | Offering |
---|---|---|---|
INDL8301 |
Copyright LawThis course introduces students to the basic concepts and doctrines of copyright law. Topics covered include:
|
3 |
in-class |
INDL8303 |
Patent LawThis 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 CompetitionThis course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:
|
3 |
in-class |
Seminar Paper | 3 Credits
In most cases, the LLM student will convert his or her seminar paper into the Master's Thesis. This will enable the student to spend two semesters of concentrated effort on the topic, presumably under the direction of the seminar teacher, who would continue the supervisory responsibilities through the second semester. Only full-time faculty serve as thesis supervisors. The LLM seminar paper must be a scholarly paper of publishable Law Review quality, of at least 25 pages in length.
Core Courses
Number | Name | Credit | Offering |
---|---|---|---|
INDL9314 |
Advanced Entertainment LawThis 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 |
INDL7322 |
Art LawIn 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). |
2 |
in-class |
INDL9331 |
Current Topics in Internet LawThis 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. |
3 |
in-class |
INDL7550 |
Cybersecurity and Privacy I: Law & PolicyThis course provides a broad overview of key issues at the intersection of cybersecurity and privacy. Topics covered include:
|
2 |
online |
INDL7309 |
Cybersecurity LawThis 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 SecurityThis 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 DraftingIn 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 LawThis 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 |
INDL9328 |
Foundations of Intellectual Property Law and PolicyThis 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 |
INDL7312 |
Genetics: Law, Policy and BioethicsRapid 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. |
2 |
in-class |
INDL7304 |
Information Privacy LawInformation 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 PropertyThis 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 LicensingThe 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 |
INDL7330 |
Internet Law and Governance FoundationsInternet Law and Governance Foundations. This is the required foundational course module. It asks the questions "what is cyberspace" and "what does it mean to govern in cyberspace?" We will examine questions relating to jurisdiction, enforcement, democratic control, speech, and commerce from the early days of the Internet to the present. This study raises the basic questions addressed throughout all four modules: what is the relationship between "liberty" and "security" in cyberspace? |
1 |
in-class/online |
INDL8312 |
Law in the Music IndustryThis 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. |
2 |
in-class |
INDL9310 |
Patent Application, Preparation and ProsecutionThis 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 DraftingThis 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 |
INDL7308 |
Sports LawAn exploration of the impact of the legal system on the sports industry in America, particularly the sources of legal authority, development and recognition of property rights in sports and the substantive principles of contract law. The course examines the legal relationships among athletes, teams, leagues, governing bodies, sports facilities, licensees, agents and fans, as threaded together through contract, property, labor, intellectual property, constitutional, and tort law. We will also study the legal implications of the financial and business platforms relating to the sports industry. |
2 |
in-class |
INDL7308 |
Sports Law (Online)This course explores the impact of the legal system on the sports industry in America, particularly the sources of legal authority, development and recognition of property rights in sports and the substantive principles of contract law. The focus is on the legal relationships among athletes, teams, leagues, governing bodies, sports facilities, licensees, agents and fans, as threaded together through contract, property, labor, intellectual property, constitutional, and tort law. We will also study the legal implications of the financial and business platforms relating to the sports industry. |
||
INDL9322 |
Trademark RegistrationFederal 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 |
Related Courses
* Students may take up to 2 elective courses from another concentration area.
Number | Name | Credit | Offering |
---|---|---|---|
PUBG7801 |
Administrative LawThis 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. |
3 |
in-class |
PUBG8801 |
AntitrustThis 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. |
3 |
in-class |
HLTH9529 |
Biotechnology and the LawThis course examines a variety of legal, policy, scientific, social, and ethical issues in the realm of biotechnology. Topics covered include:
|
2 |
online |
HLTH7685 |
Clinical Research and the Law: Compliance Issues for Research SponsorsThis course examines the responsibilities of life science companies and other entities responsible for the initiation, management, and/or financing of clinical trials in the United States, the European Union, and elsewhere in the world. Topics covered include good clinical practice (GCP) compliance, clinical trial agreements, clinical trial registration and results reporting, access to clinical trial data, managing conflicts of interest, reimbursement issues, and the implications of anti-bribery laws and U.S. fraud and abuse laws for clinical research. |
2 |
online |
HLTH7680 |
Clinical Research and the Law: Ethical and Regulatory Issues in Designing Clinical TrialsThis course immerses students in the laws, regulations, and ethical guidelines applicable to designing clinical research in the United States, the European Union, and elsewhere in the world. Topics covered include an overview of the regulatory framework in the US, the EU, and other regions; the role of international ethical guidelines; ethical and regulatory considerations in choosing a study methodology; informed consent; confidentiality and data protection; the inclusion of women and minorities in clinical research; pediatric research; and post-trial obligations. |
2 |
online |
CORP7180 |
EU Data Protection and Privacy Law: The GDPRThis course introduces students to the legal regime governing information privacy, data protection, and data security in the European Union. Topics covered include data protection and privacy in the European Court of Human Rights, the Data Protection Directive and the General Data Protection Regulation (GDPR), data protection supervisory authorities and international data transfers, the "right to be forgotten," and cybersecurity in Europe. |
2 |
online |
CORP7160 |
Global Corruption: Regulation, Compliance, and EnforcementThis course introduces students to the theory and practice of global anti-corruption compliance. Topics covered include the definition, identification and measurement of corruption; the OECD Convention on Combatting Bribery of Foreign Public Officials; the U.S. Foreign Corrupt Practices Act; the UK Bribery Act; anti-corruption laws in other countries; investigation, enforcement and resolution of corruption activities; jurisdiction, corporate liability and individual responsibility; and anti-corruption compliance programs and international organizational responses. |
2 |
online |
HLTH7518 |
Health PrivacyAs 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. |
2/3 |
in-class |
HLTH7504 |
HIPAA Privacy and SecurityThis course explores the federal regulatory scheme designed to protect the privacy and security of health information. Topics covered include:
|
2 |
online |
ACADEMIC STANDING
LLM 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 LLM 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 LLM Application
For additional information, please contact
Enrollment Services
[email protected]
973-642-8747
or request information online.