Indiana University Bloomington

Fall 2018 IP Course Offerings

Fall 2018: Courses in IP & Related Fields

 

Core IP Courses

B662 –Copyright Law – Leaffer

B549 – International IP

B743 – Patent Law– Janis

Elective IP Courses, Seminars, Clinics and Externships

B729 – Antitrust – Knebel

B561 – Entrepreneurship Law Clinic – Need (fulfills skills requirement)

B590 – Entertainment Law – Meitus

B708 – Information Privacy – Tomain

B572 – Intellectual Property Clinic – Hedges (fulfills skills requirement)

B551 – Intellectual Property Externship – Janis (fulfills skills requirement)

B528 – IP Appellate Advocacy – (For IP Moot Court Members) (fulfills skills requirement)

 

Copyright Law (Leaffer)
This course provides an introduction to federal copyright law, beginning with a historical overview and leading to current day developments. Matters to be covered include the nature of protected subject matter, the idea-expression dichotomy, duration, the bundle of rights conferred by copyright, joint works, works made for hire, fair use, and remedies for infringement.  Special attention will be paid to technological developments affecting copyright, including issues related to computer software and the Internet.

International IP (Leaffer)
The law of intellectual property (patent, trademark, and copyright) has increasingly assumed an international dimension. In today’s world of intellectual property law, one must understand how the rights of inventors, brand name owners, and creative artists, and software developers are protected in international and comparative law. Mirroring this reality, this course has two basic objectives. One is to equip students with the methodology necessary to engage in international intellectual property practice in both public and private international law. It will consider topics such as territoriality, national treatment, choice of law, multilateral treaties, and regional agreements that the frame the substantive rules and practice of intellectual property law in a transnational setting. As a second objective, this course will consider intellectual property from a comparative law dimension. In this regard, it will focus on the basic differences in the approach to patent, trademark, and copyright law in national and regional systems. Within this theme, this course will examine the cultural and economic differences that have led to divisions between developed and developing countries on the protection of intellectual property. Updated 3/18

Patent Law (Janis)
Why do we give inventors the right to exclude others from making, using, or selling the inventions that they introduce into the world? Is the patent regime performing the purpose laid out for it in the Constitution, namely to “promote the Progress of … Useful Arts”? How are patent rights structured to speed the delivery of new medicines, computers, and mousetraps to eager consumers? With an emphasis on these questions, this class surveys United States patent law as codified in Title 35 of the United States Code and as interpreted by the Federal Circuit Court of Appeals and the Patent and Trademark Office. The structure follows the basic steps of a patent infringement suit, addressing claim construction, claim validity, infringement, defenses and remedies.

Antitrust (Knebel)
The “antitrust laws” are statutes enacted with the goal of promoting free and unrestrained competition among businesses in order to assure the lowest prices and highest quality to consumers. Although the basic goals of the antitrust laws are reasonably clear, their application to specific situations is often much less so because the statutes themselves are short and written in cryptic language that has required a great amount of interpretation by courts. That interpretation has been affected by political and economic considerations that have changed over time. Every attorney with business clients needs to know about the antitrust laws to help those clients avoid the often draconian penalties for violating them. Attorneys representing consumers need to know how to use the antitrust laws on behalf of those consumers. Consequently, the course will seek to develop an understanding not only of the specific rules applicable to business activities but also to understanding the legal and economic principles that underlie those rules so that practitioners, even if they do not concentrate their practices in this area, are able to identify possible antitrust issues. This course will also look at the application of the antitrust laws to specific business activities, including horizontal and vertical price fixing, mergers and joint ventures, monopolies and predatory practices, price discrimination, tying arrangements, restrictions on customers and anti-competitive litigation. Updated 3/18

Elmore Entrepreneurship Law Clinic (Need)
The Elmore Entrepreneurship Law Clinic is designed to provide students the unique opportunity to work on actual business formation, planning, and strategy issues in a multidisciplinary setting. Students interested in transactional law practice, advising entrepreneurs, or becoming entrepreneurs are typical candidates for participation in the Clinic. The Clinic operates much like a small law firm, with Clinic interns working under the supervision of the Clinic Director, providing legal and business consulting to a variety of early stage companies. Client projects vary widely, but frequently include advising clients on appropriate business form; drafting necessary formation documents; obtaining permits and licenses; negotiating contracts and leases; and providing business planning advice. Students frequently have opportunities to review and provide feedback on business plans of actual startups. Clinic interns meet with the Director in groups or individually to review project status and to discuss experiences and concerns. Clinic interns also attend a two-hour class each week. The course surveys typical legal issues affecting entrepreneurial enterprises, including choice of entity issues; ownership and governance issues; employment issues; operational liabilities and insurance issues; financing issues; and employment issues. Strongly suggested prerequisites for participation in the Clinic include Corporations, Corporate Taxation, and Business Planning, or equivalent preparations as determined by the Director. Per Indiana Supreme Court Rules, students participating in the Clinic must also have completed or be in enrolled in a Professional Responsibility course. 3Ls or 4th-year JD/MBAs only. Enrollment in the clinic is limited, so students must, at or prior to enrollment, submit a current resume and a brief statement of interest to the Director by email in order to obtain permission to participate, and proceed to enroll in the course while awaiting approval. Updated 3/18

Entertainment Law (Meitus)
Entertainment law is a respected area of legal practice dealing with representation of both creative talent and business interests. Entertainment law has most notably been at the forefront of popular culture as forms of media distribution have moved to the Internet in digital forms. This course will provide students with the opportunity to develop both a practical understanding of representing creative and business interests in the fields of music, film & television and literary publishing and a theoretical understanding of the broader IP and constitutional issues at stake with regard to control of creative media. The course is designed to be useful even if a student does not go on to practice directly in the entertainment or media law fields. Either of the courses Survey of Intellectual Property Law or Copyright Law are recommended to be taken either prior to or concurrently with Entertainment Law (but are not required). The subject matter of Entertainment Law, though drawing on copyright law to some extent, does not significantly overlap with any other course to an extent that would preempt students from taking both. Updated 3/18

Information Privacy Law (Tomain)
Privacy law and policy is one of the most important and rapidly expanding (and changing) fields in the world today. Increasingly most aspects of daily life involve the (often unwitting) collection, communication, and use of personal data. As personal data are generated and collected more widely, and are far more revealing, governments are challenged to determine the proper limits and regulatory structures to enforce those limits, while businesses and other data users must determine how to comply with those emerging rules, often in the context of new technologies and unclear norms. The field of information privacy has grown so large that we are now covering it in two courses. Information Privacy I (this course) will address the academic and constitutional background to privacy, the intersection of privacy and free speech, and the protection of privacy in law enforcement and national security. Information Privacy II (not this course) will focus on privacy issues in commercial and international contexts. Updated 3/18

Intellectual Property Clinic (Hedges)
The IP Clinic provides students the opportunity to work directly with clients on actual intellectual property law matters (e.g. patent, trademark, and copyright applications, interaction with the United States Patent & Trademark Office (USPTO), licenses, due diligence, and non-infringement and/or invalidity opinions). Students interested in IP law and advising individuals, start-ups, and small business are candidates for the Clinic. Because the Clinic is certified by the USPTO, students are eligible to receive temporary registration to practice before the USPTO. The Clinic is organized much like a law firm, with students working with other students and adjunct professors under the supervision of the Clinic Director. Students meet with the Director to review project status and to discuss experiences and concerns and attend at least a two-hour class each week. Students elect to participate in either (1) the patent section of the Clinic (3 credits); (2) the non-patent section of the Clinic (trademark and other non-patent IP matters) (3 credits); or (3) both sections (4 credits). Class sessions survey practical IP legal issues, including ethics, ownership, protection strategies, infringement avoidance, and client counseling. Enrollment in the Clinic is limited, so students must submit a resume and an interest statement to the Director to obtain permission to enroll. Strongly suggested prerequisites or co-requisites include at least one of Patent Law, Trademark Law, or Survey of IP or equivalent experience. 3-4 credits, professional skills. Updated 3/18

Intellectual Property Externship (Janis)
The Intellectual Property Externship program consists of a series of externship opportunities developed and administered by the law school in connection with the Center for Intellectual Property Research. The number and type of externships will vary from semester to semester. Some may be available during the summer. Intellectual Property externship opportunities will be posted at designated times during the fall and spring semesters. Students will ordinarily apply directly to the externship hosts, who will be responsible for selecting externs. Student externs will then enroll in the Intellectual Property Externship course. Prerequisites will vary, depending upon the externship. Updated 3/18