Intellectual Property Law

Intellectual property is the currency of the tech world, with the world’s most valuable intellectual property assets dwarfing the value of their real-world counterparts. Apple’ trademarked brand was valued at over $100 billion as of 2017. J.K. Rowling’s Harry potter franchise has generated over $25 billion to date. But how did the law come to create such enormous value in intangible assets? This course will introduce the various types of U.S. intellectual property: patents, which cover inventions and process innovations; copyright, which protects original works of authorship; and trademarks, which protect a business’ commercial identity as the source of valuable goods and services. You will then explore case studies of how global businesses have used intellectual property law to generate enormous value from these intangible assets.

In our modern technologically-based economy, the creation and enforcement of patent rights can make or break a business. With record numbers of patents being issued every year, the stakes for inventors (and, indeed, their lawyers) continue to rise, even as the patent law and its administration faces growing criticism. This course begins with an examination of the fundamental justifications for and creation of U.S. patent rights as well as the relationship between patent law and other “intellectual property” concepts. We will then delve into the details of the U.S. requirements for patentability, and explore the scope of patent rights, again considering how the policies expressed reflect the justifications for patent rights. Then we will look at an actual patent document and analyze the different pieces of an issued patent with a special focus on the importance of patent claims. Finally, we will explore strategies for dealing with patent infringement.

Copyright law is unique in the greater intellectual property regime, as it protects original expression that is fixed in a tangible medium and is the product of authorship. This course is designed for creative professionals — such as screenwriters, musicians, documentary filmmakers or artists — who want to understand the scope and limits of which works can enjoy U.S. copyright protection. The course will introduce students to the workings of copyright law through an examination of the system’s basic principles, rules, and institutions. Topics will include; the justifications for copyright law, copyrightable subject matter, authorship, the nature and scope of copyright’s exclusive rights, fair use, and remedies for infringement. We will also explore real-world examples of legal battles surrounding copyright law, from the recent litigation over Robin Thicke’s hit song “Blurred Lines” to more peculiar cases such as the infamous “monkey selfie” case. By understanding what copyright does and does not protect, producers of creative expression will be able to protect and maximize the commercial value of their works.