Intellectual Property Courses

Administrative Law (3 cr.) D/N 647 considers the role of administrative agencies in the scheme of government, constitutional limitations on agency action, and analysis of agency functions; emphasizing informal procedures and placing formal procedures of investigation, rule-making, and hearings in perspective. P: Completion of or concurrent enrollment in Constitutional Law (DN620) or permission of instructor.

Advanced Topics in Intellectual Property Law (2 or 3 cr.) D/N 636 examines specialized topics of intellectual property law, such as Internet applications, recent legislation, music issues, and other topics not ordinarily encompassed in depth by other courses. Prerequisites will vary according to the subject of the course as announced, but students will be expected to have completed at least one other intellectual property course.

Antitrust Law (3 cr.) D/N 751 covers the law regulating private economic power and maintaining competition under the Sherman Antitrust Act and Clayton Antitrust Act; course content emphasizes monopolization, restraints of trade, refusals to deal, and mergers.

Art and Museum Law (2 cr.) D/N 896 This course will cover the law, people and institutions which constitute the world of the visual arts, including artists, museums, collectors, dealers, publishers and auctioneers. The course will also cover non-legal material geared to shaping practices of art market participants, such as codes and guidelines adopted by art-museum associations, as well as some relevant literature from other academic disciplines.

Copyright Law (3 cr.) D/N 626 considers the principles of copyright law, with attention to its historical development and future adaptability to technological developments and new circumstances, foundations for securing copyright privileges and allowing fair use of existing works, and comparisons to other legal protections of intellectual property.

Drug Innovation and Competition Law (2 or 3 cr.) D/N 635 provides and understanding of the processes by which pharmaceutical exclusivity is obtained and challenged on a global scale. The course examines the interplay between patents, data package exclusivity, pediatric exclusivity, and orphan drug exclusivity; and surveys the procedural and substantive aspects of US Hatch-Waxman litigation, drug reimportation/parallel trade, and exceptions to exclusivity. Finally, it addresses the influence of public policy on the evolution of pharmaceutical exclusivity law.

Entertainment Law (2 or 3 cr.) D/N 731 examines intellectual property law, contract law and constitutional law as these doctrinal areas apply to major issues in the fields of music, publishing and the film and television industries.

Food and Drug Law (2 or 3 cr.) D/N 888 surveys statutes and regulations dealing with the production, distribution, and sale of food, drugs, cosmetics, and medical devices. The course focuses primarily on substantive and procedural requirements of the Food, Drug, and Cosmetic Act.

Intellectual Property Law (3 or 4 cr.) D/N 862 surveys the legal principles and management of intellectual property, including trademarks, copyrights, trade secrets, and patents.

Intellectual Property of Pharmaceutical Products and Medical Devices (2 or 3 cr.) D/N 698 This seminar/course will offer a detailed and high-level analysis of intellectual property law as it applies to medical devices and medical therapeutics, including pharmaceuticals, genetics, proteomics, etc. Topics to be covered are patent law, copyright law and trademark law, as well as some discussion of their potential anticompetitive effects in the biomedical industry. Coursework or related experience in intellectual property, patent law or copyright law is required to enroll. No background in pharmaceuticals or medical technology will be necessary, but some knowledge of any of the life sciences or of chemistry will be helpful. Students will be expected to write and present a research paper of adequate length to satisfy the advanced writing requirement when the course is taught as a seminar. This course may be taught either as a seminar or as a regular course.

Intellectual Property Transactions & Licensing (2 cr.) D/N 627 facilitates an appreciation of how intellectual property issues arise in the context of various transactions and explores the possible responses to those issues. Where applicable, this class will consider international aspects of IP issues.

International Intellectual Property Law (2 or 3 cr.) D/N 634 examines the international context of the development of copyright, patent, and trademark law, with an emphasis on multinational treaties, developments in the European Union and other jurisdictions, and enforcement of international claims. Prerequisite: completion of any other law school course on intellectual property law or permission of the instructor.

Internet Law (2 or 3 cr.) D/N 732 examines a wide variety of legal and policy issues raised by the internet, involving many areas of law. The questions addressed may include issues of copyright, trademark, defamation, the Communications Decency Act, cybercrime, contracts, privacy and personal jurisdiction.

Law and Forensic Science (2 cr.) D/N 774 integrates theory and practice as to scientific evidence in civil and criminal cases. Emphasis will be on physical, biological, and behavioral evidence and the skills necessary to present effective expert fact and opinion evidence. This is a summer course that meets for 30 hours over a two week period. It is a required junior/senior integrator course for IUPUI undergraduates seeking the Forensic and Investigative Science degree. Law students and undergraduates will be graded separately by group. Lawyers and members of the forensic science profession may also attend this course.

Patent Law (2 or 3 cr.) D/N 873 covers the fundamentals of patent law, including what a patent is, what subject matter is eligible for patenting, what the requirements for patenting are, and the many policy issues that arise in this area as a result. The course also includes discussion of recent statutory changes, recent case law, and commentary on the patent system. This course requires no previous acquaintance with the patent system or any other area of intellectual property, and no background in technology or science is either required or assumed.

Patent Litigation (2 cr.) D/N 625 explores the strategic, procedural, and substantive issues involved in modern patent litigation, including the nature and economics of the patent litigation process, pre-suit considerations (including pre-filing investigation, client meetings and communications, document retention, alternatives to litigation), venue and forum shopping, ยง 1404(a) transfer motions, pleadings, case management, pre-trial conferences, claim construction and Markman hearings, discovery, motion practice, preliminary and permanent injunctions, damages (reasonable royalties, lost profits, enhanced damages, continuing royalty), infringement (literal and doctrine of equivalents), and approaches to litigating validity and enforceability issues.

Patent Prosecution (2 cr.) D/N 643 focuses on representing a client with patent matters before the U.S. Patent and Trademark Office. Deals with all phases of the patent process, including soliciting full invention disclosure from the client, prior art searching and patentability opinions, preparing patent application and claims, responding to Examiner Office Actions, patent issuance process, and a variety of post-issuance matters.

Seminar in Comparative National Security Law (2 cr.) D/N 895 This course examines anti-terrorism laws in their political, social and historical context. The course readings will be interdisciplinary in nature and will include background materials on the origins and causes of terrorism, global terrorism networks, and terrorism case studies. The course will investigate the relationship between socio-political factors and the content of anti-terrorism legislation in a number of countries. Students will be asked to weigh the effectiveness of current legislation in preventing and punishing terrorism, as well as how that legislation affects human and civil rights. The specific topics covered will include legal aspects of intelligence gathering, border security, detention and interrogation, and the use of military tribunals vs. ordinary courts. The course readings will be drawn from a variety of disciplines and political perspectives.

Seminar in Law and Technology (2 or 3 cr.) D/N 778 This seminar explores many aspects of the complex interrelationships between law and technology. In addition to examining the law specifically applicable to computers and other technological developments, the seminar may focus on themes and trends, such as the causal relationship between technological evolution and change in the law. This seminar can focus on a wide variety of possible themes and topics depending upon the interest and background of the instructor and students.

Sports Law: Individual, Amateur and Olympic Sports (2 or 3 cr.) D/N 727 covers a range of doctrinal areas as they apply to non-league professional sports, international Olympic sports and intercollegiate sports. Interpretation and application of the rules and regulations of sports governing bodies are also examined.

Sports Law: Professional League Sports (2 or 3 cr.) D/N 728 examines a range of doctrinal areas as they apply to major issues confronting professional sports leagues, including association law, antitrust, labor law, contracts law, and constitutional law.

The Right of Publicity (2 cr.) D/N 633 covers various aspects of this IP doctrine including its historical evolution, the statutory and common law sources, and its relationship to other aspects of intellectual property, as well as litigation, licensing and business applications. Cases reviewed will include those focusing on personalities such as Rosa Parks, Outkast, Tom Cruise and Bette Midler; and on endorsement deals, celebrity branding and advertising campaigns.

Topics in Health Law (2 or 3 cr.) D/N 763 examines specialized topics in health law not addressed in depth by other courses. Possible topics include health care fraud and abuse law, the regulation of long term care, the law of payment of health care providers, biotechnology and the law, genetics and the law, reproductive rights, end-of-life decision making, and privacy issues in health law. Prerequisites will vary according to the subject of the course as announced.

Trademark Law (2 or 3 cr.) D/N 630 provides students with a synthesis of the current and developing law in key areas of trademark and unfair competition law in the U.S. and abroad.