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. <p> 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. <p> 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. <p> 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 Credit)
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. 1 credit.
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.<p> This course will cover the applicable doctrine and precedents but will also address 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. 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.<p> This course will also explore copyright matters in the news.
Attributes: IPIF, LAWT.
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. <p> 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 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.<br> Paper required.
Attributes: IPIE, LLM.
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 & 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.
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 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 a 4th credit for the paper.
Attributes: FASL, IPIE, LAWB, LAWF, LAWI, LAWT.
IPGL 0299. INTELLECTUAL PROPERTY LAW & 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. <p> 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. <p> 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. <p> 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. <p> 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. <p> 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. <p> The course will include three academic hours of class presentations per week including consulting meetings and discussions with the students regarding their research.
IPGL 0303. BEYOND INTELLECTUAL PROPERTY FIELDWORK. (1 Credit)
The course will explore the interconnection between intellectual property and related subjects, focusing this year on the challenges of advanced technologies, artificial intelligent, machine learning, robots and cyberspace, on intellectual property, privacy and other legal regimes in the 3A era (autonomous, advanced and automated). The course constitutes novel and non-traditional perspectives of the interconnections 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 conventions 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, 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 the student 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 the policy makers. The students will gain not only knowledge and tools on contemporary advanced technologies 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 also visit the Swiss Institute of Comparative Law in Lausanne, subject to the approval and conditions of the specific organization and the enrollment of a minimum number of students. Some of the final works will have the option of being published, under certain conditions. The course will include two academic hours of class presentations per week followed by one hour, once in 2-3 weeks, of consulting meetings and discussion with the students regarding their research.<p>It is highly recommended to take the fieldwork, but it is not mandatory. The students are most welcome to send any question, regarding the course, to Professor Shlomit Yanisky-Ravid, via email (email@example.com.
Attributes: JD, LAWT.
Prerequisite: IPGL 0302 (may be taken concurrently).
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, infringement and remedies.<p> The course will be taught from a legal realist perspective. This means addressing why and how courts, juries, adversaries and clients approach trademark 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, 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. <p> 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. <p> 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.
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 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, including the first class on Wednesday, January 16, is mandatory for those enrolled in the course. (If you can do the problems without attending the class, you probably should not be taking it.) Attendance at the first class is also mandatory for those who are interested in adding the course if slots open up; those students should email the professor before that first class. In addition, both enrolled students and those hoping to enroll must complete the first reading assignment and Problem Set 0 prior to the first class. Problem Set 0 will be ungraded, but completing it, or trying to, is essential to enable you to decide if the course is for you. If you want more information on the course, it will be similar to the one described here: https://tinyurl.com/fordhamcp4l.
Attributes: JD, LAWT, LLM.
IPGL 0329. FASHION LAW PRACTICUM. (2 or 3 Credits)
Attributes: EXP, FASL, IPIS, LAWF, LLM.
IPGL 0402. 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.
Attributes: LAWT, LLM.
IPGL 0412. CIV RTS & LIB IN DIGITAL AGE. (2 Credits)
IPGL 0413. CIVIL RIGHTS AND CIVIL LIBERTIES IN THE DIGITAL AGE. (2 Credits)
It has never been easier for the powerful to privilege certain individuals or specific kinds of information over others. China has developed a scoring system for its citizens based on behavior, including purchasing habits, turnstile violations, and filial piety. Based on state-sponsored scoring, citizens can be denied loans, jobs, and air travel. Facial recognition technologies and big data analytics enable marketers and governments to act with laser-like precision to target the affluent or the disadvantaged. Information intermediaries like Facebook, Snapchat, and Twitter have the power to exclude “fake news,” deep fake videos, hate speech, and harassment and to deactivate the accounts of harassers, but this power is only sporadically invoked. The brunt of the harm of online abuse is borne by women, people of color, and sexual minorities. The same companies amass massive amounts of personal data about each and everyone one of us, and that data is often used to manipulate us in ways that impact our thoughts, beliefs, and opportunities. Cambridge Analytica’s use of our personal data is the tip of the iceberg. <p> In the past, debates about our civil rights and civil liberties focused on organizational policies and individual decisions. But a new phenomenon leverages technology and personal information to privilege certain people at the expense of others in a host of ways that impact our fundamental rights and liberties. This seminar will explore the technological systemization of the powerful granting privilege to itself. It can be perpetrated by individuals and groups (including cyber harassment and misinformation); it can be the result of private sector activity (including the use of artificial intelligence in the private sector to score, rank, and rate individuals with consequences for employment, insurance, loans, and advertising); it can be an outgrowth of government automated decision-making (including the No-Fly List and public benefits systems). The public has virtually no insight into how these technologies work. <p> In this seminar, we will have a serious reading load, which could be a book a week (or draft chapters or articles). We will be reading the work of scholars (Julie Cohen, Mary Anne Franks, Jennifer Daskal, Woody Hartzog, Evan Selinger, Paul Ohm, Bobby Chesney, Neil Richards, Margot Kaminski, Khiara Bridges, Ryan Calo, and Susan Brison) and journalists (Julia Angwin and Ben Wittes). For many of those classes, we will have our featured authors in class or via VC. Students will write three reflection papers over the course of the semester. The course grade will be a combination of class participation (40%) and written reflection papers (60%). Please join us!
Attributes: INLJ, IPIE, LAWT, LLM.
IPGL 0500. EUROPEAN UNION INFORMATION LAW & 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. <p> 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: LAWI, LAWT.
IPGL 0510. FASHION LAW & 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. <p> 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 0521. INT'L & 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. Students may apply for an optional one-credit fieldwork placement at a fashion company, nonprofit organization, or law firm. Final paper required.
Attributes: EXP, FASL, ICE, INLJ, LAWB, LAWF, LAWI.
IPGL 0602. INTELLECTUAL PROPERTY & ADVANCED TECHNOLOGY: ARTIFICIAL INTELLIGENCE & BLOCK CHAIN. (3 Credits)
Standing at the edge of the next digital revolution, when we already live in the “3A era” ofAdvanced, Automated, and Autonomous systems, we have to confront major challenges to the existing traditional intellectual property regime as well as other fields of law. The course focuses on advanced technologies including, artificial intelligence (AI), machine learning (ML), robots, aside with blockchain and Bitcoin technology, 3D printing, Natural Language processing, augmented reality (AR), Cyberspace the Internet. The course addresses major challenges and threats arising from these technologies such as intellectual property, privacy and other related legal regimes and will consider theoretical justifications and creative reforms. The course constitutes novel and non-traditional perspectives of the scholarly discourse between advanced digital technologies and intellectual property laws, while addressing a series of novel legal questions, rethinking traditional legal concepts. How do artificial intelligence (AI) systems or blockchain technology actually work? Are AI systems really human-like? Who will be entitled to the ownership benefits of AI generated works and who will be held responsible for infringements and subsequent damages of AI-generated works. Should IP laws be replaced with other tools? Can these systems be subject to legal rights and obligations? Are intellectual property laws relevant when these systems generate artwork or patents? 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)? When AI systems can replace authors and inventors by autonomously creating and generating innovative and creative works; blockchain technology becomes decentralized and can replace mediators and the governmental registration bodies of intellectual property assets as well as, traditional contracts and enforcement procedures; 3D printing enables everyone to produce massive amount of copyrightable works; Payment may be easily done in electronic currency like bitcoins all around the globe - the future for copyright and patent laws and the role of the courts and other legal entities have become uncertain. <p> 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 will also acquire new ways of thinking and practical legal experience. <p> The students of this course have the option to attend an international seminar in the most important intellectual property international organizations: <b>WIPO in Geneva; the Swiss Institute of Comparative Law in Lausanne and the IP Summit in Brussels</b>, 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. <p> 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.
Attributes: IPIE, 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 0693. BLOCKCHAIN, VIRTUAL CURRENCIES, AND TOKENS: BUSINESS AND LEGAL ISSUES. (2 Credits)
The course will explore the development of Blockchain as a vehicle for innovation, the legal issues surrounding blockchain projects, and the business cases for both public and private blockchains through the examination of concrete case studies.(This course is cross-listed with the Business School) Paper required.
Attributes: CRCP, 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? <p> 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. <p> 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 0730. BLOCKCHAIN AND/OR THE LAW. (2 Credits)
Blockchain technology is a challenge for the law. The decentralization and potential anonymity of blockchains are in important respects antithetical to the authority of the law. As a result, blockchain is a difficult technology to govern and is even a possible substitute for the law in some areas. This seminar will focus on these governance and control issues. The seminar will introduce the technology and some applications of blockchain, but it is not intended as a thorough survey of either. Instead, the focus will be on the interplay of blockchain and the law.
Attributes: IPIE, LAWT, LLM, LWR.
IPGL 0781. FASHION LICENSING. (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 0991. FASHION RETAIL LAW. (2 Credits)
This colloquium will explore legal issues related to fashion retailing, from single-brand boutiques to large multi-brand stores. Topics include the structure of fashion retailing; vendor relationships, including anti-trust considerations; pricing structures; labor and employment issues, including recruitment, compensation, non-competition agreements, and dress codes; advertising, including cobranding and social media issues; security; inventory control; online sales policies and the relationship between online and brick-and-mortar sales; and regulatory requirements.
IPGL 0992. CHINESE INTELLECTUAL PROPERTY LAW. (2 to 3 Credits)
Chinese intellectual property law is a THREE credit condensed class, that we expect to complete after meeting for four hours per class session over TEN weeks. The class is a survey of developments in intellectual property law in China (patents, trademarks, copyrights, trade secrets, licensing as well as US remedies). The class will enable students to provide basic strategic advice to clients on how China utilizes intellectual property for its own industrial development purposes, and what legal tools are available to mitigate these challenges. We will also analyze new developments as they appear during our course work, and we will have guest speakers from practice. Readings will be distributed by email and by readings on reserve. <p> For our EIGHTH OR NINTH class [or sixth class] we expect to schedule a study visit to Washington, DC where we will visit the USPTO, the Court of Appeals for the Federal Circuit, and other agencies. In the past we met the Director and Deputy Director of the USPTO, the Chief Judge of the Court of Appeals for the Federal Circuit, and other important actors in Chinese IP. The study visit would likely take the place of two class sessions AND OUR CLASS SCHEDULE MAY BE ADJUSTED ACCORDINGLY. <p> There is no final exam. This class involves preparation of a final paper which is due one week before the commencement of final exams. The paper will involve examination of a particular problem under Chinese IP law, a comparison of that problem with practice in other countries, an analysis of the economic or social impact of the problem, and a proposed resolution of the problem, utilizing information and approaches discussed in class. Students may freely consult with Prof. Cohen in preparation of the paper. In prior years a significant percentage of students have been successful in having their papers published. The final grade is based on a class performance, paper presentation and final written paper. <p> There are no prerequisites for the class. Knowledge of IP law, Chinese law or Chinese language is helpful, but certainly not required. Students who have taken intellectual property law in China may find that the class approaches IP issues in China differently from their prior training, and that the class is not repetitive of their prior work.<p> Students with a particular interest in a specific field of IP law in China, such as life sciences patenting, software protection, geographical indications, protection for fashion designs, Chinese legal history, or US litigation to deal with Chinese IP infringement, will find ample opportunity to pursue their passions in class work and their final papers. This will be the third year that this class has been offered at Fordham. It was the first class on Chinese IP law taught in North America. Professor Cohen has 30 years' experience in this area. He was formerly a Visiting Professor at Fordham, who now leads the China team at the US Patent and Trademark Office. He was formerly the US IPR Attache at the US Embassy in Beijing (2004-2008). He is also on the faculty of Renmin (Peoples) University of China, and has worked in house at Microsoft, at Jones Day, as general counsel of a pharmaceutical company, and as a solo practitioner .
Attributes: ICE, IPIE, LAWI, LAWT, LLM.