Intellectual Property (IPGL)

IPGL 0105. Patent Practice Skills. (2 Credits)

The patent practice skills course provides students with the opportunity to learn and apply fundamental patent law skills to a variety of practical, real-life law firm and business scenarios. Through a series of fact based exercises and complementary text and case law readings, students will analyze a proposed invention, assess patentability, organize a patent procurement strategy including developing a patent specification, claims and related disclosure and prosecution documents. Students will also learn the fundamentals associated with a freedom to operate analysis, basic principles of patent licensing, and patent due diligence protocols in connection with an IP related acquisition. The final module will focus on post grant review procedures including preparation of IPRs, CBMs and PGR Petitions and related strategies in using these procedures. Post grant review tactics will be discussed in the litigation context, and the mechanics of preparing the Petition. The final project will be directed to preparing an inter partes review (IPR) Petition. Students will explore cutting edge patent law issues in a practice-oriented context that will help them not only develop specific patent practice skills, but will help them understand and apply important patent law principles and cases.

Attributes: IPIE, JD, LAW.

Prerequisite: IPGL 0131.

IPGL 0129. Fashion Law and International Trade. (1 or 2 Credits)

This course covers various federal laws and regulations affecting the importation into, exportation from, and sale of fashion products in the United States, with comparative reference to other jurisdictions. It provides a practical, step-by-step approach to reviewing and analyzing diverse fashion products (e.g., apparel, footwear, eyewear, jewelry, etc.) to ensure that they comply with the ever-changing legal requirements enforced by numerous agencies. We will discuss topics such as: country of origin determination and marking (including “Made in U.S.A.” claims), tariff classification and duty rates, duty-free and partial-duty trade agreements, valuation, composition/care labeling, product safety/recalls, use of animal products (e.g., skins, feathers, etc.), addressing governmental inquiries, and judicial proceedings and decisions. With 97% of apparel and footwear sold in the United States manufactured abroad, we will also discuss the potential effects of global events (e.g. “Brexit”) and the U.S. administration’s call for the renegotiation of various bi-lateral and multi-lateral trade agreements (e.g. NAFTA, etc.) and/or the implementation of a blanket “border adjustment tax.” We will also examine practical strategies for working with and addressing the unique requirements of members of the fashion industry, including fashion houses, their in-house counsel, and other parties involved in the movement of such goods.

Attributes: FASL, LAWF, LAWI, LLM.

IPGL 0130. Copyright Law. (3 to 4 Credits)

This course examines the law of copyrights including discussions of subject matter, ownership, duration, rights, infringement, fair use and remedies. This course will cover the applicable doctrine and precedents but will also address underlying policies. In this context, it will discuss why and how courts, juries, adversaries and clients approach copyright matters and issues in a real-world sense. The course requires very careful reading of opinions and critical thinking about factors that influence decision-making. This is the first step in predicting what will happen in the next case, and in being able to influence that result. We will also explore copyright matters in the news and international developments.

Attributes: IPIF, LAWT, LLM.

IPGL 0131. Patent Law. (2 to 3 Credits)

This course is an introduction to patent law intended both for students intending to focus their practice on patents and for those preparing for a more general commercial practice. Patent law is a fascinating legal topic because of its combination of statutory and common law elements, its international aspects, and the thorny issues that accompany attempts to match the evolution of the law with the evolution of technology. Because of the importance of intellectual property assets and of technology in general, a basic familiarity with patent law is useful in virtually any commercial practice. The course focuses primarily on substantive patent law, including the law governing patentability and the law concerned with enforcing patent rights. A basic introduction to the United States patent system and the respective roles of the US Patent and Trademark Office and the courts will also be given.

Attributes: IPIF, LAWT.

IPGL 0135. Intellectual Property Law. (3 to 4 Credits)

This course is designed as an introductory overview of the protection of intellectual property. It will examine the policies underlying intellectual property law and will teach the basic principles of copyright, trademark and patent law and will also cover right of publicity and trade secrets . The course will be taught from a legal realist perspective. This means addressing why and how courts, juries, adversaries and clients approach intellectual property matters and issues in a real-world sense, not just from a legal doctrine perspective. The course requires very careful reading of opinions and critical thinking about factors that influence judicial decision-making. Ultimately, students should be able to tell why a case was decided the way it was. This is the first step in predicting what will happen in the next case, and in being able to influence that result.

Attributes: IPIF, LAWT.

IPGL 0149. Cultural Heritage, Museums, & Ethics in the Art World. (1 Credit)

The art market is undergoing seismic changes as ethical questions inform the ways in which collectors and institutions acquire and display art. As such, regulations concerning the purchase and sale of art and cultural heritage are evolving as well. This seminar will examine laws related to art and cultural heritage, the ever-changing role of cultural institutions, and ownership disputes involving culturally significant objects. Student evaluation will be based on class participation, a short final paper, and one short take-home exam.

IPGL 0152. Smart Contracts-Securities, Blockchain and Decentralized Finance. (2 Credits)

Tokenization: Security Tokens (“Smart Securities) and Digital Assets: An examination of the regulatory and legal issues of using blockchain technology in capital markets. Instructor: Donna Redel Guest Lecturer: James Jalil Introduction: Beginning in 2018 and continuing through 2019 the financial applications for digital assets and blockchain use cases have continued to progress . In particular, the industry has moved swiftly to security tokens (i.e. securities represented as blockchain based smart contracts or “tokens”) in a move to be “fully compliant” with security regulations. The Securities & Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) along with several other regulators have provided some preliminary guidance on how existing regulations apply to this technology. However, the pace of technological development, in the view of many, is outpacing the regulatory framework. Security Tokens (Smart Securities or Digital Assets) are an exciting new blockchain application for the financial system . The adoption of security tokens has the promise of reduced costs, increased transparency and compliance, faster settlement, and the potential for improved liquidity for assets such in real estate, art, and even patents. The move to DeFi or Deregulated Finance is reshaping existing financial institutions and fostering startups. In the course we will discuss the most significant legal and regulatory issues associated with the development and utilization of security tokens. We will cover the history of security tokens, how they are issued, how they trade, how they are regulated and debate many of the “less clear” application of the existing regulatory framework. A brief introduction to blockchain technology and crypto currencies will be included so as to better understand the context as well as technology around Security Tokens.

Attributes: CORC, CRCP, LAWB, LAWT, LLM, LMCO.

IPGL 0156. Biotechnology Patents in Food, Drug, and Vaccine Regulations. (2 Credits)

There is a thriving biotechnology industry in the United States today and well over 1,450 technology companies developing diagnostic and treatment technologies in medicine,creating more nutritional food and innovating new industrial processes. Yet this 30 billion dollar sector of the economy is not without controversy. The bio in biotechnology comes from living biological entities-people, plants,animals and even bacteria. People are the source of the raw material for the discovery of genes for research, diagnosis and therapy, raising a whole host of issues about rights and responsibilities and societal obligations. Paper required.

Attributes: IPIE, LLM.

IPGL 0191. Intellectual Property & Beyond: A Global Perspective. (3 Credits)

This course will cover material related to Israel, in comparison to the US and Europe, and include international aspects.

IPGL 0203. Law Practice Technology. (2 Credits)

This course will cover the technological tools of law practice, giving students both an opportunity to use these tools and an understanding of their development. Students will explore case management systems, e-discovery tools, competitive intelligence solutions, firm-specific research portals, and some of the other rapidly evolving applications and devices confronting the 21st-century attorney. “Hands-on” use of these tools will be emphasized. Students will also explore the issues arising from new technological developments in law practice. These topics include new ethics requirements for more technologically savvy attorneys, the implications of technology on client confidentiality, and the automation of Alternative Dispute Resolution. Guest lecturers from local law offices may be invited to showcase examples of the technology adopted in their offices and the accompanying best practices.

IPGL 0204. Technological Change and the Law. (2 Credits)

This course surveys the ways in which law interacts with emerging technologies. We will consider a variety of controversies involving, for example, virtual currency, health technologies, surveillance, and robotics.

Attribute: IPIE.

IPGL 0215. Surveillance and Privacy in the Digital Age. (2 Credits)

New technologies, from the Internet to cell phones to drones, have re-shaped the world in the past few decades. They have brought new modes of communications and new conveniences—as well as new opportunities for surveillance. This course will explore how the current constitutional and statutory frameworks address surveillance in the digital world and how laws and policies should regulate any threats to privacy posed by the use of emerging surveillance technology.

Attributes: CORC, CRCP, IPIE, LAWT.

IPGL 0229. Fashion Modeling Law. (2 to 3 Credits)

The seminar will provide a comprehensive overview of the legal, business and societal issues faced by fashion models and their agencies. Topics will include the structural, legal and regulatory constraints within which the industry functions; formation and dissolution of business relationships among fashion models, agencies and clients; intellectual property rights, use and and misuse, and litigation as a remedy; the effect of digital media and social networking on the fashion modeling business; immigration and finance concerns; and the signficant social and cultural issues relevant to the industry.

Attributes: FASL, LAWB, LAWF, LAWI, LAWT, LIP.

IPGL 0231. Patent Litigation. (2 Credits)

The course covers all aspects of patent litigation from pre-filing considerations to appeal and is designed to address problems that arise in real-world lawsuits. Particular attention is devoted to initial pleadings, discovery, motion practice, and the use of technical experts at trial. The role of juries in patent litigation is also discussed, including the recent advent of so-called Markman Hearings. Lastly practical trial preparation techniques, trial practice, and the law of remedies will be explored.

Attributes: IPIS, LAWT, LIDR, LLM.

IPGL 0242. Artificial Intelligence in the Legal Industry. (1 Credit)

In this course, Huu Nguyen, lawyer, computer scientist, and partner at Squire Patton Boggs will provide a solid substantive introduction to the legal, regulatory, and ethical issues raised by artificial intelligence technologies. Students will also get hands-on experience with leading AI-based technologies currently being adopted by law firms for such purposes as e-discovery, legal drafting, data analytics, legal research, and contract due diligence from representatives from LawCheck, Relativity, Zero, Kira, Ross, and more. This course provides the efficient overview of the law of artificial intelligence accompanied with actual use of leading AI-based practice technology products that you need to put you ahead of the competition at interview time.

Attribute: LLM.

IPGL 0272. AI & Law Practice Today. (2 Credits)

IPGL 0293. Fashion Law. (2 to 3 Credits)

This seminar explores the legal substance of style, with emphasis on current issues involving clothing and the global fashion industry. Topics will include the application of intellectual property law to fashion design; counterfeiting and alleged links to organized crime and terrorism; licensing agreements; import/export regulations and quotas; fashion financing; garment district zoning and urban planning; manufacturing and sustainability; consumer protection; sumptuary laws; and civil rights issues related to apparel. Schedule final exam required. If students wish to satisfy the writing requirement, they must complete a 25 page paper in addition the the scheduled final and may receive an additional credit for the paper.

Attributes: FASL, IPIE, LAWB, LAWF, LAWI, LAWT.

IPGL 0299. Intellectual Property Law and Design. (2 Credits)

What do a couture gown and a semiconductor chip have in common? Neither adapts easily to the traditional categories of the intellectual property law system. IP assumes a fundamental division between expression and function, institutionalized in the separate forms of copyright and patent protection. Most of the created objects that we encounter in our daily lives, however – from the buildings in which we live to the clothes we wear to the icons on our computer screens – combine aesthetic, expressive, and functional elements. This seminar explores the concept of design as it relates to intellectual property law, including the domestic and international doctrines and mechanisms that address the perceived gap between art and craft. In the process, we will examine the theoretical underpinnings of IP law itself, along with the ways in which creative industries raging from fashion design to information technology to architecture (and many others) have responded to the challenges of the IP regime. Paper required. Pre- or Co-requisite of either intellectual property law, at least one of the primary courses within the intellectual property field (copyright, patent, trademark), or equivalent professional experience.

Attributes: IPIE, JD, LAWT, LLM.

IPGL 0302. Beyond Intellectual Property. (3 Credits)

The course will explore the interconnection between intellectual property and related subjects, focusing on the challenges of advanced technologies, artificial intelligence (AI), machine learning, robots, Blockchain and cyberspace, on intellectual property, privacy and other legal regimes in the 3A era (autonomous, advanced and automated). Are intellectual property laws relevant when AI systems generate artworks or patents? How do AI systems actually work? Are they really human like? Who should be the owner? Who is (can be) responsible for infringements? Can AI systems be subject to legal rights and obligations? Can regulation, transparency or insurance efficiently control these systems? Why is intellectual property regime important to other fields of autonomous entities (autonomous cars, autonomous weapons and autonomous ADR systems)? The course constitutes novel and non-traditional perspectives of the scholarly discourse between advanced digital technologies and intellectual property laws. Each of the topics will be presented and discussed within the practical challenges as well as the theoretical background and international contexts, in the US and in comparative jurisdictions. Moreover, many of the topics are related to either drafts, suggestions or recommendations of international tools being discussed by leading international organizations, especially WIPO (World Intellectual Property Organization). The course will address, inter alia, the following topics: intellectual property, artificial intelligence, machine learning and robots, Blockchain, 3D printings, the challenges to intellectual property in the digital - cyberspace era and cyberspace privacy, theoretical justifications to intellectual property, the mainstream justifications as well as the hidden justifications, intellectual property rights in the workplace, traditional knowledge, intellectual property and gender, access to knowledge for persons with disabilities, freedom of association of workers from the entertainment sector vs. competition and antitrust laws and many more. The unique character of the course will be the involvement of the students in conducting legal research (US laws, comparative and international and theoretical aspects) and preparing a paper to be published and/or to be submitted (subject to certain limitations) to the relevant international organizations (i.e. WIPO). In this way students will work on research projects that promote innovative recommendations through the design, implementation, and reform of relating conventions and have the opportunity to try to influence policy makers. The students will gain not only knowledge and tools on contemporary advanced technology issues as well as theoretical, international and comparative legal knowledge but also will acquire new ways of thinking and practical legal experience. The students of this course have the option to attend an international seminar in the most important intellectual property international organizations: WIPO in Geneva and the Swiss Institute of Comparative Law in Lausanne, subject to the approval and conditions of the specific organization. Some of the final works will have the option of being published, under certain conditions. The course will include three academic hours of class presentations per week including consulting meetings and discussions with the students regarding their research.

Attribute: LAWT.

IPGL 0304. Trademark Law. (2 or 3 Credits)

This course examines the law of trademarks, right of publicity and related doctrines. The emphasis will be on subject matter, ownership, registration, infringement and remedies. This course will cover the applicable doctrine and precedents but will also address underlying policies. In this context, it will discuss why and how courts, juries, adversaries and clients approach trademark matters and issues in a real-world sense. The course requires very careful reading of opinions and critical thinking about factors that influence judicial decision-making. This is the first step in predicting what will happen in the next case, and in being able to influence that result. We will also explore trademark matters in the news and international developments.

Attributes: IPIF, LAWT, LIP.

IPGL 0306. Advanced Trademark Law. (2 Credits)

Prerequisite: Trademark Law, IP Law or permission of the instructor. This is a paper course which may be used to satisfy the writing requirement. The course will start where the basic course in trademark law (or IP Law trademark section) left off. It will go deeply into selected areas of trademark law and practice and also address current trademark matters in the news. We will have guest lecturers, including those from trademark practice, the PTO Trademark Trial and Appeal Board, the European IP Office, and the Executive Director of the International Trademark Ass’n.

Attributes: IPIE, JD, LAWT.

Prerequisites: (IPGL 0135 or IPGL 0304).

IPGL 0307. Advanced Copyright Law. (2 or 3 Credits)

An in-depth analysis of selected areas of copyright law including how the law has been developed by the courts and how practitioners can predict and influence these developments. It will also look at how copyright law is used in and affects core copyright industries -- those whose primary purpose is to create, produce, distribute or exhibit copyright materials. We will have guest speakers from these and other industries. Students can use any copyright casebook they had for a copyright course. The preferred casebook is Copyright Law, Ginsburg, et al., 9th edition. Paper required. Satisfies Writing Requirement. Emphasis will be placed on each student’s paper with guidance along the way. Prerequisite: Copyright Law, Intellectual Property Law or a copyright course in another school; or extensive acquired copyright knowledge and experience from practice.

Attributes: IPIE, JD, LAWT, LLM.

Prerequisite: IPGL 0130.

IPGL 0320. Art Law. (2 or 3 Credits)

Integrally related to intellectual property, art law encompasses the complexities of international law, contract law, and Constitutional law. This seminar will examine the intersection between the law and the art world, a complex world of individuals, institutions, and expressive works. We will explore some of the legal issues associated with those intersections and relationships. The seminar will examine participants' roles, including artists; art patrons and consumers; art dealers and auction houses; government officials; art experts, such as museums, historians, and critics; as well as the "bad guys," such as forgers, thieves, and looters. We will analyze the relationships between art institutions and those who produce, collect, protect, and "deal" in art. The substance of the course is an exploration of legal issues, including but not limited to, expressive rights, intellectual property, and moral and economic rights. The course will also focus on the international movement of art in times of peace and war, as well as the preservation and protection of antiquities and cultural property. Student evaluation will be based on class participation, a final paper, and the completion of ongoing readings accompanied by short assignments. In addition to class meetings, students will also be required to view films, attend lectures, and visit museums outside of the regularly scheduled class time.

Attributes: IPIE, LAWT.

IPGL 0321. Art Law Practicum. (2 or 4 Credits)

The Art Law Practicum will focus on the relationship between intellectual property and art. Through discussions, assignments, class readings, visual materials, guest speakers, and field trips, this course will examine how copyright, moral rights, trademark, and rights of publicity affect the production and reception of contemporary art. Practical aspects of this course will include issues with interacting, advising, and representing contemporary artists and arts entities who work in and exhibit diverse artistic practices, strategies and media, such as appropriation art, photography, video/film, conceptual art, digital art, and organic materials. This course will also introduce students to major 20th Century and contemporary art movements and theories necessary to understanding contemporary art and law.

Attributes: LAWT, LLM.

IPGL 0322. Programming for Lawyers. (2 or 3 Credits)

This course provides an introduction to computer programming using the programming language Python. The ability to program (or "code") will make you better-prepared to understand and advise clients whose businesses rely on technology (which today includes most clients). It will also help you understand how computer programs affect various areas of law such as privacy, antitrust, discrimination, e-discovery, and criminal investigation. There are no prerequisites for the course, and any student should be able to complete the class, which is open only to those with no significant programming experience. Grading will be based on the completion of problem sets assigned more-or-less weekly; there will be no exam. Attendance in class and labs, including the first class and lab, is mandatory. Attendance in the first week is also mandatory for students who are interested in adding the course if slots open up; those students should email the professor before the first class. In addition, both enrolled students and those hoping to enroll must complete the first reading assignment and problem set prior to the first class. That problem set will be ungraded, but completing it, or trying to, is essential to enable you to decide if the course is for you.

Attributes: JD, LAWT, LLM.

IPGL 0329. Fashion Law Practicum. (2 or 3 Credits)

Prerequisite: At least one prior fashion law course Description of course: This advanced seminar, which consists of both a classroom component and a fieldwork placement, will develop students' skills in the practice of fashion law. Students will complete a series of drafting assignments of increasing complexity, such as a cease-and-desist letter, a licensing agreement, a retail lease, a manufacturing agreement, an employment agreement, a consignment agreement, articles of organization and an operating agreement for a limited liability company, a model release form, sweepstakes rules, website terms of use, and a privacy policy and/or a complaint, each related to an aspect of fashion law. In addition, each student will be assigned to fieldwork placement at a fashion house or other fashion-related company, nonprofit organization, or law firm with a substantial practice in the field of fashion law.

Attributes: EXP, FASL, IPIS, LAWF, LLM.

IPGL 0332. Counseling and Advocacy in Intellectual Property and Information Technology Matters. (2 Credits)

This course is designed as an experiential course for J.D. and LL.M. students wishing to understand how to address the needs of diverse clients with issues related to intellectual property and information technology law in a comprehensible, business-friendly and cost-efficient manner. Each skill is approached by examining the underlying theories, where available, through readings and class discussions and demonstrations, and then experientially, by means of in-class exercises and simulations in which students assume the role of the lawyer. These role plays provide opportunities to practice the skills in hypothetical situations, followed by self-evaluation and feedback from faculty, actors, and peers. The readings, which will be provided in advance of each class, are primarily redacted drafts of real client communications that have been modified to illustrate best practices and issues surrounding client communication and advocacy. In critically evaluating the readings and in particular, why particular language was utilized or avoided, students will develop their own skills in writing to and on behalf of clients in ways that are calculated to meet the clients’ needs, respect the clients’ time, anticipate their questions and concerns, facilitate appropriate responses, and persuade others.

Attributes: EXP, IPIS, LAWT, LLM.

Prerequisite: IPGL 0135.

IPGL 0350. Blockchains, Autonomy, and Decentralization Blockchains, Autonomy, and Decentralization . (2 Credits)

Blockchain technology’s asserted “trustlessness” relies on two characteristics of importance to the law. First, blockchains typically claim autonomy, or independence from outside control. Second, blockchains are decentralized, and thus often assert independence even from a single internal authority. These claims are largely accurate with respect to Bitcoin and smart contracting on Ethereum. There are exceptions even on the Bitcoin and Ethereum blockchains, however, and many of the most important applications of blockchain—like stable coins, DAOs (“decentralized autonomous organizations), social media on the blockchain, and private and permissioned blockchains—abandon one or both of these characteristics. This seminar will focus on the external control and internal “governance” issues posed by blockchain technology in its various applications. Note that this seminar will not focus either particularly on cryptocurrencies like Bitcoin or on current legal regulation of blockchains. Grading will be based in part (60%) on written work (response papers and, at your option, a longer paper) and in part (40%) on an oral presentation and class participation.

IPGL 0402. Technological Change and the Law. (2 Credits)

Attributes: LAWT, LLM.

IPGL 0410. Internet Law and Policy Seminar. (2 Credits)

The law and policies that govern the internet touch on all aspects of our digital ecosystem. As lawyers, you can expect to engage with these issues whether you are interested in corporate law, litigation, or regulatory law. This course is intended to be a primer on the core legal frameworks that govern the internet, including those that were not designed with the internet in mind, but must still adapt to the changing technology landscape. There is no prior knowledge required for this course. We will review tech fundamentals in the beginning of the course, going over the origins of the internet, how it was built (tubes are not involved), why it was built, and how it has changed over time (Web 1.0, Web 2.0, Web 3.0). You will gain familiarity with technical concepts such as code, algorithms, protocols, servers, open-source, the backbone, hashes, etc. We will review the regulatory bodies at the state, federal, and international levels that govern the internet and the different — and at times conflicting — roles they play. We will consider issues such as net neutrality, internet speech and Section 230, encryption, cybersecurity, data privacy, intermediary liability, and, of course, generative AI, among other things. Grades will be based on: 30% class participation,* 25% 2,000 word paper, 45% 4,000 word paper. *It is important to me and the ethos of the class that all individuals feel equally capable of engaging with the material and gaining value from the discussions. Therefore, if any individual is concerned with the class participation portion of the grade for personal reasons, I encourage them to reach out privately and we can work to establish an alternative grading mechanism.

IPGL 0412. Civ Rts/Liberty in Digital Age. (2 Credits)

IPGL 0413. Digital Civil Rights and Civil Liberties in Global Perspective. (3 Credits)

This seminar explores the emerging law of digital civil rights and civil liberties. The digital revolution opens up tremendous social and economic benefits, but also involves perplexing challenges, including human rights challenges implicating, inter alia, privacy, equality, free speech, and freedom of thought. With the Edward Snowden revelations, the Cambridge Analytica scandal, and the whistleblowing of Frances Haugen, many observers have asked whether we now, in effect, live in a post-privacy society. Increasingly, the digital economy is built on a surveillance (or information) economy, in which technology companies depend on mining data on our consumer habits (and even our political preferences) so that this information can be sold and monetized, for example to advertisers or political campaigns. How will the digital space change our relationships with each other, with the state, and even with ourselves – in terms of how we perform and express our identities online? On the equality front, we now know that artificial intelligence (AI), big data and algorithms can be used in spheres ranging from predictive policing to the online housing market – whether through facial recognition or other online tools – which can promote online profiling based on race, gender, disability, family status, etc. Meta, formerly known as Facebook, recently entered into a settlement agreement with the Justice Department’s Civil Rights Division, resolving claims that Meta engaged in discriminatory advertising on their race, color, religion, sex, disability, familial status, and national origin in violation of the Fair Housing Act (FHA), through a targeting tool known as the “Lookalike Audience” (which uses a machine-learning algorithm that identifies Facebook users who share similarities with groups of individuals selected by an advertiser using options provided by Facebook). Amazon recently admitted that a hiring tool it developed to hire skilled tech workers discriminated against women because it “learned” to exclude those who went to women’s college or used “gendered” language on CVs. In the wake of the Supreme Court’s reversal of Roe v. Wade, new concerns are emerging concerning digital surveillance over women’s reproductive freedom. On the speech front, the problems include not only censorship of speech, but the challenge of “too much” speech – concerning whose speech is heard, the competition for limited attention span, and the question of online hate speech. As for freedom of thought, while the New York Times and other mainstream media have always curated our news and information (i.e., what appears on the front page or in headlines), search engines, social media platforms, and a wide range of other forms of technology now shape, curate, and personalize what ideas reach each individual’s newsfeeds. Through weekly readings and guest speakers, this seminar will explore who gets to decide how to address these thorny issues; the implications for our democracy and individual autonomy; and what mix of government regulation and corporate self-regulation is ideal. These topics are extremely timely, due to discussions in Washington, DC (and elsewhere) over regulation, newly adopted state laws on privacy (notably in California, the home of Silicon Valley), and the European Union’s adoption of the General Data Protection Regulation (GDPR) and the Digital Services Act. In the upcoming semester, we may provide an experiential component, through which students would have an opportunity to work on real-world policy projects, potentially in partnership with organizations that work on technology, law, civil rights and/or civil liberties.

Attributes: INLJ, IPIE, LAWT, LLM.

IPGL 0500. European Union Information Law and Policy. (2 Credits)

This course offers an overview of fundamental issues of the EU Digital Single Market Policy. Enhancing the use of digital technologies and online services is a European horizontal policy, covering all sectors of the economy and the public sector to achieve a Digital Single Market. The European Commission reinforced its Digital Single Market strategy in May 2015 with the global economic objective of supporting the regulatory barriers and transforming the 28 national Markets into one unique digital market . A Digital Single Market is one in which the free movement of goods, persons, services, and capital is ensured and where individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence. This course considers this Strategy and all the legislative proposals, Communications and reviews of previous directives and regulations on different fields of law, enacted by the European Commission. It also considers the role of the other European institutions, especially the European Parliament and the European Court of justice, and their positive impact on the protection of the fundamental rights of European citizens. Finally, this course takes into account the relationship between the EU and the US, for instance regarding the personal data protection, as well as a brief comparison with the US main rules on information law.

Attributes: ICE, LAWI, LAWT.

IPGL 0507. Intellectual Property and the Life Sciences. (2 Credits)

This course will explore legal doctrines in intellectual property particularly patent law that shape innovation, research, and development in the life sciences. Students will be introduced to laws that influence decision makers in the life sciences and participate in a series of exercises to apply legal doctrines and understand the incentives and outcomes produced by the existing legal framework. Course topics include selecting drug candidates, IP licensing, material transfer agreements, how firms use IP to protect pharmaceuticals, the optimal timing of patent protection, building patent portfolios, regulatory exclusivity, Hatch-Waxman litigation (litigation between brand-name and generic drug companies), and generic drug development. The course will be a combination of an in-person lecture with 30 minutes asynchronous each week and problem-solving exercises. The asynchronous work does not count toward the maximum 15 online credits. There are no prerequisites for this class.

Attributes: IPIE, LAWT.

IPGL 0510. Fashion Law and Finance. (2 Credits)

Product design, manufacture, distribution, and sales within the fashion industry are engaged in on a global level. In order to fully and effectively manage a fashion company, it is necessary to implement a multinational strategy and to take advantage of the growing market. This course intends to introduce many of the aspects of finance and operations that both affect and influence the fashion industry. The course will offer an introduction to subjects including corporations, federal taxation and international law all while exploring their unique effects on the fashion industry. During the course of the semester, outside speakers may be brought in to relate their experiences in the industry and elaborate on topics we discuss in class. Students do not need a background in finance as a prerequisite to taking this course and are encouraged to enroll so as to expand their knowledge of the fashion industry. The course will walk through the evolutionary stages of a global fashion house. Course Requirements: Class attendance and preparation. Active class participation is strongly encouraged. Readings will be assigned weekly and you are expected to bring the assigned course materials to class. The final exam will be multiple choice.

Attributes: FASL, ICE, LAWB, LAWF, LLM.

IPGL 0520. Fashion Law and Social Justice. (2 Credits)

This course will explore how fashion and technology are impacting culture and global public policy, with an interdisciplinary approach analyzing intellectual property law, diversity, equity and inclusion (DEI), cultural appropriation, climate change and consumer privacy. Part one will provide an overview of the history and business of the fashion industry, including the role of talent from underrepresented and marginalized populations in building the textiles and apparel sector. We will also examine how technology has transformed the fashion industry and analyze legal and policy issues related to fashion and tech. Part two will examine DEI across fashion’s talent pipeline, supplier diversity and awareness and action on public policy and social justice issues. Students will take part in interactive discussion throughout the course, with an interdisciplinary emphasis on the business of fashion, technology, law, public policy and social justice.

Attributes: INLJ, LAWF.

IPGL 0521. International/Comp Patent Law. (2 Credits)

IPGL 0529. Fashion Ethics, Sustainability and Development. (2 Credits)

Ethics is a rapidly growing concern for fashion companies and their attorneys today. Topics covered in this seminar include ethical sourcing, design and manufacturing; supply chain monitoring; blood diamonds and conflict minerals; corporate reporting requirements; eco-chic or "green" fashion and environmental impact; the Federal Trade Commission’s Green Guides; fair trade; cruelty-free fashion; religious fashion; fashion-related nonprofits; corporate social responsibility and charitable co-branding; and fashion's role in international development, including ethical issues raised by clothing donations to the poor and to developing countries. Final paper required.

Attributes: EXP, FASL, ICE, INLJ, LAWB, LAWF, LAWI.

IPGL 0602. Intellectual Property and Advanced Technology: Artificial Intelligence and Blockchain. (3 Credits)

“Standing at the edge of the next digital revolution, when we already live in the “3A era” of Advanced, Automated, and Autonomous systems, we have to confront major challenges to the existing intellectual property (IP) regime as well as other fields of law. In this sense, the course takes you for a journey to the nearest future (that is already here for lawyers). The course focuses on advanced technologies including, artificial intelligence (AI), machine learning (ML), blockchain, robots, along with other revolutionary technologies, such as natural language processing (e.g. Google translate or "Sofia"). The course addresses major challenges and threats arising from these technologies, such as IP ownership and accountability when AI systems create works of art and invent new inventions; privacy; and equality, within IP and related legal regimes. We discuss the laws, theoretical justifications, and suggest new and creative reforms.The course constitutes novel and non-traditional perspectives of the scholarly discourse regarding advanced digital technologies and IP and other laws while addressing a series of novel legal questions and rethinking traditional legal concepts around the tremendous potential of these technologies and its rapid developments. How do artificial intelligence (AI) systems or blockchain technology actually work? Are AI systems really human-like? How can AI and blockchain systems replace humans, legal and governmental agents? Who will be entitled to the ownership benefits of AI-generated artworks or software? Who will be held responsible for infringements and subsequent damages of AI-generated works? Are robots and AI systems eligible for legal rights and duties? Should IP laws be replaced with other tools? How can regulation, transparency, or insurance efficiently control these systems? As all AI autonomous devices (e.g. autonomous cars and weapons) are copyrightable and patentable systems, the IP regime has become a crucial factor in addressing new technologies from a legal perspective in court decisions. All these developments pose new opportunities and challenging legal implications that lawyers in all legal fields shall address. The course discusses the most updated regulations and court decisions around AI systems and blockchain in the US and around the world and addresses alternative legal and other solutions, encouraging creative thinking and writing, outside the box. The course will include videos, discussions, moot court, assignments, fieldwork, and more. The students will gain not only knowledge about IP laws in the US, in other jurisdictions and internationally, as well as, knowledge about contemporary advanced technologies but they will also acquire the most updated laws, practical legal experience, understanding and new legal discourse, innovative ways of thinking that will give them a major advantage in their legal career. The students of this course have the option to attend a subsequent international seminar and learn with world-leading experts in the most important institution in the world, such as WIPO in Geneva; Oxford University UK , subject to the approval and conditions of the specific organization. Some of the final works will have the option of being published, under certain criteria. The course will include three academic hours of class presentations per week including consulting and discussions with the students regarding their research. The research paper can satisfy the writing requirement. Class meets: 10/11,10/18, 10/20,10/25,10/27, 11/1, 11/3,11/8,11/10,11/15,11/17,11/22, 11/29, 12/1/2022.

Attributes: CORC, ICE, IPIE, LAWT, LLM, LWR.

IPGL 0615. Cybersecurity Law and Policy Workshop. (3 Credits)

This seminar will introduce students to the significant challenges that government, law enforcement and the private sector face in addressing cybersecurity risks. The seminar will focus on cyber threats that have significant legal, economic and social consequences and threats that jeopardize national security. Students will learn about US technological vulnerabilities, the existing legal and policy framework and the development of new policies to protect US interests including those for cyber-defenses and the protection of civil liberties.

Attributes: CORC, CRCP, INLJ, IPIE, JD, LAWJ, LAWT, LLM.

IPGL 0627. Law & Technology. (1 to 2 Credits)

The course covers the corporate lifecycle of technology companies, from their founding to their potential sale, dissolution or bankruptcy — or even their world domination! Each week will focus on a different set of problems or choices faced by tech companies. The course will cover, but not be limited to: Organizational choices in founding the company Capital raising and securities registration Protecting control of the company and its technology Initial public offerings Securities lawsuits Antitrust concerns Company sales Bankruptcy The course will draw heavily from recent events, such as Twitter’s takeover, Meta’s antitrust lawsuits, and FTX’s bankruptcy. The course will also focus on how and why legal issues facing tech companies differ from those facing non-tech companies. Course evaluations will be based on class participation (25%) and a 15-20 page paper, to be submitted at the end of the course (75%). A list of potential paper topics will be provided. Students are also encouraged to choose their own topics. All course materials will be provided.

Attribute: LLM.

IPGL 0666. Key Intellectual Property Issues: Past, Present And Future . (2 Credits)

This course will examine important IP issues by looking at how they were viewed by experts and courts in the past, how are they viewed now and what if any changes can be expected in the future. The course materials will be panel transcripts from past and present Fordham IP Conferences in which the issues were discussed, case law and related blogs and law review articles. There is no prerequisite. The first two classes will consist of an overview of IP law. The next six classes will be divided in to two classes each for copyright law, trademark law and patent law. There will be some comparison with foreign law.

Attribute: LLM.

IPGL 0693. Blockchain, Virtual Currencies, and Tokens: Business and Legal Issues. (2 Credits)

The course is designed to give students the ability to analyze the legal issues and business issues relating to the blockchain & digital assets industry. It will explore the development of blockchain as a vehicle for innovation, the legal issues surrounding blockchain projects/protocols through case studies, current litigation and current legislative proposals. The course will address the basics of virtual and crypto currencies, digital assets, tokens, DAOs, and NFTs. Students will analyze Bitcoin, Ethereum, several Initial Coin Offerings (ICOs) and newer digital assets, including stablecoins and CBDCs (central bank digital currency) from legal, business, economic, policy, and privacy perspectives. The course will introduce students to the primary legal framework in the USA — CFTC, SEC, FINCEN, FINRA, IRS, OCC, and state regulators. Having an understanding of the functions and roles of each of these regulatory bodies is important for product offerings as well as for how entrepreneurs and lawyers have to navigate the space. Students will gain a perspective of how the regulatory uncertainty creates risks, opportunities, and exposure. Guest Speakers will provide insight, industry experience and different points of view.

Attributes: CORC, CRCP, IPIE, LAWB, LAWT, LLM.

IPGL 0708. Governing the Algorithmic Society. (2 Credits)

Society is increasingly controlled by algorithms. New technologies based on finding patterns in data are used in choosing who gets jobs, credit, and housing, where to send police, how long people stay in prison, how speech is regulated and opinions influenced. How should society respond? What role does law play in responding to a world increasingly dominated by algorithmic decision-making? What must we or understand about the relationship between technology and society in order to answer that question? This interdisciplinary course will explore how algorithmic decision-making challenges some of law’s fundamental stated and unstated assumptions. We will begin with a brief introduction to theories of technology, society, and law, which will serve as the analytical frame for the semester. In each week thereafter, we will move through different social and legal environments, such as employment, policing, trials, and injuries from autonomous vehicles, to understand how and why algorithmic decision-making is challenging to govern. The readings will draw on cutting edge research in law, computer science, and social theory, as well as contemporary news articles and opinion pieces. By the end of the semester, we will better understand not just the relationship between algorithms and society, but how to think about the governance of technology generally, which will become ever more important as new technologies develop in the future. Assessment will primarily be based on class participation and a final paper. While a willingness to scrutinize the details of technology is required, no math is required or expected.

IPGL 0714. Artificial Intelligence and the Law. (2 Credits)

This course will provide an overview of artificial intelligence and associated legal risks. The objective is to examine the state of the law, in particular privacy and IP, and an array of commercial products (including closed and open-source foundation models) to gain the level of understanding needed to address commercial clauses. The course will also consider ethical issues and developing litigation concerning artificial intelligence. Assessment: Scheduled papers .

Attribute: JD.

IPGL 0730. Blockchain and Smart Contracts. (2 Credits)

It is suggested, but not required, that students take The Blockchain Digital Assets course and Securities Regulation either concurrently or before. The course will discuss and review the most significant legal and regulatory issues associated with the development and utilization of smart contracts, tokens, and stablecoins. DeFi (Decentralized Finance) exploded during 2020 . We will see how the implosions of Centralized Projects impacted DeFi in 2022. What does this mean for the regulators, for CeFi (Centralized Finance) and financial products? Will DeFi bring down costs and increase access to financial products for the general population as well as the unbanked? What are the risks? How do we analyze the protocols from all regulatory angles? We will cover the history of smart contracts and how they are issued; how tokens trade, how they are regulated and debate many of the uncertain applications of the existing regulatory framework. We will also look at some of the proposed rules, recent cases and the current landscape including what is meant by “regulation by enforcement”. We will explore DAOs, NFTs, ETFs, staking, custody and other new products as well as regulatory responses. Public and private companies as well as funds are seriously considering what regulations need to be modified to move public shares on the blockchain to improve governance and settlement as well as the tokenization of securities. GameStop was an “eye opening” moment for many and could accelerate moving securities and other real world assets on to the blockchain. The course will look at other jurisdictions, in particular the EU and MICA, to contrast with the USA’s approach to digital assets. Professor Jalil will join us weekly to assist in all securities regulations issues. Guest speakers from the industry will participate to provide expertise and different points of views.

Attributes: CORC, IPIE, LAWB, LAWT, LLM, LWR.

Prerequisite: IPGL 0693.

IPGL 0781. Fashion Law Drafting. (2 Credits)

Every major fashion brand today is developing and securing its intellectual property – copyrights, trademarks, and patents. In this course, we will review the law and business of fashion licensing, the anatomy of a license agreement, and current trends in the industry in the US and worldwide. Cases regarding copyright and trademark infringement and counterfeiting will be discussed and reviewed. Monthly writing assignments with 1 final paper/presentation. Professor Angela Byun.

Attributes: EXP, FASL, IPIE, LAW, LAWF, LAWT, LLM.

IPGL 0799. Law and Technology Survey. (3 Credits)

How is technology changing law and legal practice? This survey course explores the intersection of law and various forms of technology, including but not limited to the internet, blockchain, and artificial intelligence. This course will cover both substantive debates in law and tech (How effectively do websites implement CCPA and GDPR privacy requirements? How should we regulate cybersecurity risk?) and the ways new technology is transforming legal practice (Will ChatGPT automate legal writing? Are smart contracts really contracts?). No prior technical experience is assumed or required. Paper required.

Attributes: LAWT, LLM.

IPGL 0807. Fintech and Artificial Intelligence: Regulatory and Corporate Law Framework. (2 Credits)

"FinTech“ and Artificial Intelligence have revolutionized many services which the banking and the financial industry provide. The pandemic has been accelerating these developments. New ways to make a payment, get a loan or finance a business have developed. Lenders and credit scoring agencies are starting to use artificial intelligence to assess creditworthiness based on big data. “Initial coin offerings” promise an alternative to traditional initial public offerings (IPO), algorithms are employed when giving investment advice, platforms such as “robinhood” have made trading accessible to retail investors.

Attributes: CRCP, LAWB, LLM.

IPGL 0811. Digital Copyright. (3 Credits)

Since the mid-1960s it has been apparent that digital technologies would pose significant challenges to the evolution of U.S. copyright law. During the first several weeks of the term, we will focus on studying how courts have analyzed the proper scope of copyright protection for computer programs,. Although copyright law does not generally protect functionality, it does protect some literal and nonliteral elements of programs, which are, by definition, virtual machines that happen to be constructed in texts. We will review the major appellate court rulings on software copyright scope, including the controversial Oracle v. Google rulings of the Court of Appeals for the Federal Circuit, which Google is seeking to persuade the Supreme Court to review. A second focus will be on the evolution of rules establishing direct and indirect liability of Internet service providers and technology platforms for infringements committed by third parties. A third focus will be on limiting principles of U.S. copyright law, such as fair use and exhaustion of rights, as applied to digital uses of copyrighted works. Because the European Union has different rules about digital copyright protections, some comparative analysis will also be featured.

IPGL 0921. Fashion and the In-House Counsel Role. (2 Credits)

Fashion and the In-House Counsel Role is a comprehensive and practical course that addresses the unique legal landscape of the fashion industry. This course combines aspects of corporate law, contract law, intellectual property law, data privacy, Corporate Social Responsibility (“CSR”) and Artificial Intelligence (“AI”) with a focus on the challenges and opportunities that in-house counsel face within fashion companies. This course will also focus on practical skills required to succeed in the in-house counsel role, including verbal and writing skills, presentation skills, negotiation skills, as well as soft skills such as executive presence and conflict resolution. This course combines lectures, class discussions, case studies, written assignments and practical exercises tailored to the fashion industry.

Attributes: FASH, LLM.

IPGL 0991. Fashion Retail Law. (2 Credits)

This course will explore current legal issues related to fashion retailing, from single-brand boutiques to large multi-brand stores. Topics include the following legal practice areas that impact retail companies: vendor relationships; licensing and manufacturing; e-commerce negotiations and agreements; labor and employment; real estate and leasing; advertising; regulatory; litigation; corporate governance and M&A transactions; risk analysis; and other related topics. Student evaluation will be via a series of short assignments.

Attributes: FASH, LLM.

IPGL 1609. blockchain and Cryptocurrency. (2 Credits)