Seton Hall | Law - Intellectual Property (INDL)

Number Name Credit Type Offering

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

Lecture

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

Lecture

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

Lecture

in-class

INDL7308

Sports Law

An 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

Lecture

in-class

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

Lecture

in-class

INDL7318

Transactions & Negotiations in Sports Law

This course will cover the practical aspects of transactions and negotiations in sports with an overview of both player side and team side contracts. The primary focus will be the NFL and MLB; amateurism and female equity issues will also be discussed. Students will learn how to negotiate player contract and agent contracts, as well as marketing and sponsorship contracts. In addition, agent compliance, agent regulations, statutes, and ethical issues for lawyers representing athletes will also be reviewed. We will also cover the key aspects of representing both male and female coaches. Students will learn how to negotiate the key points of both a NFL and MLB player contract as well as NIL deals for amateur athletes. Team and league issues will also be covered for those interested in learning about being in-house counsel for a professional team or league.



Note: Course is graded High Pass, Pass, Low Pass, and Fail.

2

Skills

in-class

INDL7325

Gaming Law

An examination of the gaming industry from legal and business perspectives. You will learn about federal, tribal, and state laws that govern casinos and other wagering and gaming venues, both in-person and online. The course also covers common ethical and business concerns in the industry, including gambling addiction and creating cultures of compliance.



3

Lecture

in-class

INDL7330

Internet Law and Governance Foundations

Internet 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

Lecture

in-class/online

INDL7500

Patent and Trade Secret Law

This course provides an overview of the basic doctrines of patent law, as well as related rights such as trade secret law and drug law exclusivity under the Hatch-Waxman Act. Topics covered include:

  1. Standards and procedures for obtaining patent protection

  2. Patent infringement litigation

  3. The relationship between patent protection and trade secret law

  4. The role of patent law and litigation in the pharmaceutical industry



3

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



3

Seminar

INDL7555

Cybersecurity and Privacy II: Compliance & 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

Seminar

online

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

Lecture

in-class/online

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

Lecture

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

Lecture

in-class

INDL8312

Law in the Music Industry

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.



Prerequisite: Entertainment Law

2

Lecture

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

Lecture

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.



Prerequisite: Internet Law and Governance Foundations

1

Lecture

in-class/online

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.



<p>Prerequisite: Patent Law and Practice.</p>

<p>NOTE: Students are required to have a degree in engineering or a physical science.</p>

2

Seminar

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.



<p>Prerequisite: Patent Law and Practice.</p>

<p>NOTE: Students are required to have a degree in engineering or a physical science.</p>

2

Seminar

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.



Prerequisite: Entertainment Law.

2

Seminar

in-class

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.



Prerequisite: Entertainment Law.

3

Seminar

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

Seminar

in-class

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

Seminar

in-class

INDL9331

Current Topics in Internet Law

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. 



3

Seminar

in-class

INDL9337

Blockchain, Law & Intellectual Property

Blockchain has been described as software that facilitates the transparent use/transmission and storage of encrypted data.  The promise of this new technology creates the perception that it is applicable to a wide range of industries and will inevitably disrupt them for the better.  However, with measured consideration of the old and the new challenges concerning property, ownership vs. possession, transparency, identity, the role of intermediaries and market efficiency vs inefficiency, we may understand that blockchain is not a fix-all or appropriate for every use imaginable.  This class will challenge students to engage in both a foundational and critical exploration of blockchain through legal theory, intellectual property law, and real world considerations.  By the end of this class, students will be able to apply a rational and methodological approach in consideration of various legal issues that may arise at the intersection of distributed ledger technology and intellectual property law.



3

Seminar

in-class

INDL9337

Digital Asset Law: Cryptocurrency, Non-Fungible Tokens & the Metaverse

Blockchain technology has led to an explosion in the value and use of digital assets.  This course will examine the fast- changing legal landscape governing cryptocurrency, non-fungible tokens, smart contracts, property rights in the metaverse, and the use of decentralized autonomous organizations.  By the end of the class, students will understand the real-world applications of the technology and how the resulting innovations fit into existing legal frameworks.



2

Lecture

in-class