A comprehensive study of intellectual property law. Primary topics that will be covered include patents, copyrights, trademarks, and trade secrets. Emphasis will be placed on creation, ownership, transfer, and use of intellectual property rights.
Athena Title
Intellectual Property Law
Prerequisite
LEGL 2700 or LEGL 2700E or LEGL 2800H
Semester Course Offered
Offered every year.
Grading System
A - F (Traditional)
Student learning Outcomes
Students will identify how intellectual property rights are obtained and maintained, including requirements for creation, registration, secrecy, and continued validity across trade secrets, trademarks, copyrights, and patents.
Students will identify what rights are granted by each major form of intellectual property, including exclusive rights, duration, scope, and limits.
Students will identify how infringement is determined under the different IP regimes, including the legal standards and defenses applicable in each area.
Students will identify how intellectual property rights may be transferred, licensed, or otherwise conveyed, and the legal consequences of such transactions.
Students will identify in what instances a party may use intellectual property without the owner’s permission - including defenses and limitations such as fair use and first sale.
Topical Outline
1. Introduction to Intellectual Property Theory/Law and a General Review of Legal System
2. Trade Secrets
a. Creation of a trade secret
b. Scope of protection and requirements to continue ownership
c. Misappropriation
d. Employee/employer issues
3. Patents
a. Process to obtain a patent
b. Patentable subject matter
c. Novelty and non-obviousness requirements
d. Infringement and litigation
e. Exhaustion of patent rights
f. Design patents (as opposed to utility patents)
g. Employee/employer issues
4. Copyrights
a. Securing protection and registration
b. Protectible subject matter
c. Ownership and works made for hire
d. First sale and fair use doctrines
e. Infringement and litigation
5. Trademarks
a. Trademark protection/registration under state and federal systems
b. Infringement
c. Cybersquatting and online issues
d. Comparative advertisement and fair use
e. Transfer of trademark rights
6. International Aspects of Intellectual Property
a. Treaties associated with intellectual property
b. National limitations of intellectual property rights
