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

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