LLM-American-Intellectual-Spring

A trademark identifies and distinguishes the source of the goods or services of one party from those of others. In this course, we will consider how and when trademark rights are secured; what rights are accorded to trademark owners under the federal Lanham Act and state laws; how trademark can be infringed or diluted; the circumstances under which trademark protection can be lost; the limitations placed on trademark rights; and federal registration regimes and the related right of publicity.

This course involves an in-depth study of the law applicable to patents. The patent is the form of intellectual property protecting "inventions.” It is the most important form of protection for enterprises competing on the basis of technological advantage. The course covers patentable subject matter, application for grant, the criteria of patentability, rights of patent holders, causes of action against alleged infringers, defenses, remedies, licensing, the relevant application of competition/antitrust law and patent policy.

This course introduces the global system for the regulation of intellectual property rights (IPRs). It discusses the institutions and treaties regulating the grant and enforcement of IPRs and the policies underlying the international IP system. The course considers each major form of IP from an international perspective, including patents, trademarks, copyrights, geographical indications, design rights and trade secret/data protection. Various important issues regarding the interface between IPRs, industrial policy, economic and social interests, are considered.

An introduction to the basic foundations of enforceability of contractual arrangements: formation, performance, breach and damages, rights of third parties, conditions, Statute of Frauds, and assignments. Inquiry is made into the historical developments of contract law and nineteenth-century notions of the doctrine of consideration in light of developing twentieth-century concepts and alterations. Economic aspects of the subject are considered along with modern statutory developments, including the Uniform Commercial Code.