This is a seminar for students who have a thorough background in all three major areas of intellectual property law:
patent, copyright and trademark. We will consider some of the special problems the internet presents for each, such as:
Patent Law: business method patents; legislative proposals addressing them; the web as a source for prior art;
Copyright: the Napster and MP3 controversies; “copyleft;” idea v. expression in cyberspace (infringement and first amendment concerns);
Trademarks: the recently enacted Anticybersquatting law; protecting domain names (and free speech concerns);
New, quasi-IP protection: databases and regulation of cryptography.
For the first four weeks students will read and discuss materials I prepare. For the remaining nine sessions, the students will select the topics, choose the readings, and lead the discussion on them. Topic selection will require instructor approval. In lieu of a final paper, the students will be required to (1) submit timely written comments every week on the assigned readings; and (2) edit carefully and thoughtfully the readings they assign the class in connection with their own presentations. The task of editing will involve (1) “selection, coordination and
arrangement” (to quote the copyright statute) of 3 to 5 different kinds of documents (cases, law review articles, news articles, statutes and proposed legislation, etc.), (2) “editing” in the sense of “abridging” those documents, and (3) writing several pages divided among background, introductory and summary passages, hypotheticals for discussion purposes, etc.
In December, a questionnaire concerning background and topic selection will be e-mailed to all accepted and t-listed
students. Students who do not timely respond to the questionnaire will be dropped from the seminar. In addition, attendance at the first session is mandatory.
Prerequisites: Patent Law or Protection of Technology; AND Copyright; AND Trademarks. Permission of the instructor, obtainable by e-mail [[email protected]], may be given to students who have not completed all three courses but who either (a) will take them concurrently with the seminar or (b) have substantial work experience in any missing field.