Intellectual Property

Professor Grimmelmann

New York Law School

Fall 2009


About the Course

Overview

This is a survey course in intellectual property law. You’ll learn the basic doctrines of the three major federal IP regimes—patent, copyright, and trademark—along with a taste of related state law, primarily trade secret.

Class Meetings

We meet Tuesdays and Thursdays, 11:30–12:45 in room W300

Here’s what I expect from you in class:

Readings

You’ll need:

The schedule below is divided into twenty-eight asssignments. Unless I tell you otherwise, you’re responsible for reading one assignment per class session. I promise to stick closely to a one-assignment-per-session pace.

Recording

I will attempt to audiotape each class and make the recording available through Blackboard, typically within 24 hours.

Grading

There will be a 24-hour self-scheduled take-home open-book final exam. The exam will have three essay questions and be subject to a strict twelve-page limit. You’re responsible for anything in the readings or discussed in class, with the emphasis on what has been discussed in class.

The exam counts for 100% of your course grade, except that I may adjust it by one third up or down for class participation. I consider good class participation to be anything that helps your classmates learn.

Course Web Page

This syllabus is at http://james.grimmelmann.net/courses/ip2009F. As the semester progresses, I’ll post updates to it here.

Contact

Office: Room 706D, 40 Worth St.
Phone: (212) 431-2864
Email: james.grimmelmann (at nyls) Office Hours: Mondays, 10:00–12:00, or by appointment

Schedule

Introduction

Trade Secret (2 classes)

Secrecy

Misappropriation

Patent (8 classes)

Overview

Statutory Subject Matter

Utility

Enablement and Claim Drafting

Novelty and Statutory Bars

Nonobviousness

Infringement

Review

Copyright (8 classes)

Introduction, Originality

Cindy Cohn Guest Lecture

Fixation, Expression

Subject Matter and Derivative Works

Ownership and Duration

Infringement

Secondary Liability

Fair Use

Review

Trademark (7 classes)

Introduction, Distinctiveness

Trade Dress and Product Design

Registration

Priority

Infringement

Beyond Infringement

Defenses

Final Exam