Intellectual Property

Professor Grimmelmann

New York Law School

Spring 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, 7:50-9:05 in room A700

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 take-home, open-book final exam. 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/ip2009S. As the semester progresses, I’ll post updates to it here.

Contact

Office: Room 706D, 40 Worth St.
Phone: (212) 431-2864
Email: jgrimmelmann (at nyls)

Schedule

Introduction

Part I: Trade Secret (2 classes)

Secrecy

Misappropriation

Part II : Patent (8 classes)

Overview

Disclosure

Statutory Subject Matter and Utility

Novelty, Priority

Statutory Bars

Nonobviousness

Infringement

Patent Review

Part III: Copyright (8 classes)

Introduction, Originality

Fixation, Expression

Merger

Ownership, Duration

Infringement

Secondary Liability

Fair Use

Review: Google Book Search

Part IV: Trademark and Unfair Competition (8 classes)

Introduction, Distinctiveness

Trade Dress and Product Design

Registration

Priority

Infringement

Dilution, Abandonment, False Advertising

Fair Use

Copyright and Trademark Review

Final Exam