Module and Course List

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Optional Modules

Module 11: Introductory Module

Course No. Course Title Lecturer(s) Credit Points Semester
111-0 Cornish, Ann, Crews 0.00 Winter
 

Introduction to the structure, historical development, and legal thought of civil law and common law systems; constitutional aspects of the legal system in the U.S., including federal and state legislation and jurisdiction.

114-0 Crews 0.00 Winter
 

The course will provide an introduction to and overview of the different legal protective system for intellectual property rights, outlining the main characteristics and differences.

116-0 Müller-Langer 0.00 Winter
 

The "Economic Analysis of Law" has become an important intellectual tool in many fields of law, among them Intellectual Property Law. This course is intended to familiarize students with some basic concepts and vocabulary of microeconomics; special emphasis will be put on the different cost curves and the economic analysis of monopoly. Both are very relevant for intellectual property rights. The participation in this course should enable students to get more out of subsequent courses that employ a "Law & Economics" approach.

117-0 Podszun 0.00 Winter
 

The course will provide an introduction to competition law, outlining the basic ideas, main legal instruments and possible interfaces with IP law.

Required Modules (One Exam per Module)

Module 21: Basic Patent Law & Related Topics

Course No. Course Title Lecturer(s) Credit Points Semester
201-0 Straus, Prinz zu Waldeck und Pyrmont 3.00 Winter
 

The present state and future prospects of the European Patent system, including patentable subject matter, patentability requirements, and scope of protection under the European Patent Convention; patent prosecution before the European Patent Office; litigation of European patents, including jurisdictional questions; and an introduction to the proposed Community Patent Regulation and other proposed legislation in the patent field.

202-0 Adelman, Jacob 3.00 Summer
 

Study of the American patent system, highlighting its provisions on patentability requirements, scope of protection and remedies for patent infringement

Module 22: Basic Copyright Law & Related Topics

Course No. Course Title Lecturer(s) Credit Points Semester
301-0 von Lewinski, Hugenholtz 3.00 Winter
 

The theoretical foundation and historical development of copyright in selected EU countries (France/ Germany/ UK) and differences resulting therefrom (author's right vs. copyright systems, monism and dualism); prerequisites and scope of copyright protection and protection for neighboring rights according to German copyright law, with a comparative view to other EU countries; harmonization of copyright in the EU, including an overview on the existing directives, the state of implementation of the most recent directives, further harmonization projects, and ECJ case law in the field of copyright.

302-0 Brauneis 1.50 Winter
 

This course covers the basic features and selected topics of US copyright law: requirements for copyright protection; fundamental exceptions to copyright protections; substantial similarity and infringement analysis; fair use; initial ownership of copyright; an introduction to rules on transactions; the reproduction, distribution and derivative work rights; public performance and display rights; enforcement and protection strategies.

900-0 Crews 1.50 Winter
 

Training in the general skills required in scholarship and the conduct of research, with special emphasis on the differences in legal argumentation between common and civil law systems. Topics include: presentation of written work; citation and referencing; conducting a literature search; essay writing; examination writing; doing a dissertation/research project; preparing seminar/conference papers; and preparing work for publication.

Module 23: Basic Trademark Law & Related Topics

Course No. Course Title Lecturer(s) Credit Points Semester
403-0 Senftleben 1.50 Winter
 

This course provides an overview of the acquisition, scope of protection and enforcement of rights in EU trademark law. It offers a detailed analysis of the Community Trade Mark system, harmonized national law in EU Member States, CJEU jurisprudence and OHIM practice.

404-0 Leaffer 1.50 Winter
 

This course covers the basic topics of US trademark law: purpose and nature of trademark rights under U.S. law; distinctiveness of word marks; protection of non-word marks; the concept of use and registration proceedings; acts amounting to infringement; actionable confusion; dilution and defenses.

405-0 Kur, Janis 1.50 Winter
 

Protection requirements, scope of protection, and enforcement of design rights on the basis of harmonized national law in EU Member States; the Community design system, including the unregistered Community design; comparison of EU law with important divergent features in U.S. and Japanese design law; international design law, including the Hague system for international deposit of industrial designs, and provisions of relevance for design protection in TRIPS.

502-0 Ohly 1.50 Winter
 

Concept of unfair competition and relation to IP; basic features of selected European unfair competition regimes; EU directives concerning unfair competition, especially misleading and aggressive business practices; ECJ jurisprudence.

Module 24: Basic Cross-Cutting Issues

Course No. Course Title Lecturer(s) Credit Points Semester
501-0 Kort 1.50 Winter
 

A comparative analysis of the theoretical basis, policy aims, mechanisms and practice of European and U.S. competition (antitrust) law, in particular with regard to the cases decided. The survey includes merger control as well as the relevant practice of competition authorities and courts under European and U.S. law.

600-0 Große Ruse-Khan 1.50 Winter
 

In this course, students will have an opportunity to examine the provisions on the protection and enforcement of intellectual property (IP) contained in international agreements and the institutions that administer them. The course will cover international IP law in four aspects: 1) its history, rationale and traditional institutional setting; 2) the incorporation of IP into the World Trade Organization (WTO), including treaty interpretation, dispute settlement and compliance in WTO law; 3) the main principles and substantive rules on the protection of patents, trademarks and copyright as well as those on the enforcement of IP rights; and 4) emerging issues such as the IP provisions in Free Trade- and Investment Agreements, the WIPO Development Agenda and the protection of Traditional Knowledge.

901-0 Möllers 1.50 Winter
 

The legal structure of the EU and the EEA, including the legal constitution and tasks of main EU institutions; impact of principles set out in the TEU and TFEU (such as the subsidiary principle, non discrimination and the "four freedoms," in particular free movement of goods and services); instruments for harmonization and their legal foundation in the European Treaties

902-0 Torremans 1.50 Winter
 

Principles applied to determine the competence of courts and the applicable law under EU and U.S. law, with a focus on IP conflicts; problems arising in the EU under the Brussels Regulation; the specific relevance of jurisdiction matters and conflict of laws in the digital environment; and harmonization prospects.

Module 25: Master's Thesis

Course No. Course Title Lecturer(s) Credit Points Semester
001-0 Master's Thesis 18.00 Summer

Elective Modules (One Exam per Module)

Module 31: Seminar

Course No. Course Title Lecturer(s) Credit Points Semester
532-0 Drexl 6.00 Summer
 

The seminar deals with the interface of intellectual property, including patents, copyright and trade secrets, and competition law. It addresses the application of competition laws to IP by referring to cases mostly from U.S. and EU courts, but also from some other jurisdictions. A particular focus will be put on licensing practices, refusal to deal, standardization issues and abusive use of procedures before patent offices and courts. The objective of the seminar is also to provide a better understanding of the impact of IP regimes on competition and, hence, of the competition-dimension of IP rights. Students will be requested to write a short paper on a specific topic and to present the topic in class by using PowerPoint. The grades will be given for the overall performance based on the quality of the paper, the oral presentation of the topic and class participation. The topics will be allocated to the students at the end of the first semester. The papers have to be handed in by the beginning of the second semester. The student presentations will be spread during the whole of the second semester.

632-0 Advanced Topics in IP Leistner, Kur, Romandini 6.00 Summer

Module 32: Selected Patent Law Topics

Course No. Course Title Lecturer(s) Credit Points Semester
242-0 Columbia, Wolters-Höhne, Karl, Heselberger 3.00 Summer
 

This course explores the application of European, U.S. and international patent law to practical cases. Example of topics covered are: patent litigation strategies (forum shopping, warning letters and "torpedo" claims); drafting a patent application and replying to substantive communications from the USPTO and from EPO; enforcement in the U.S. (including the appellate process at the Federal Circuit) and in Europe.

261-0 Straus, Bagley 1.50 Summer
 

The course will address public policy and practice considerations relating to the patenting of biotechnological inventions with in-depth treatment of a unique practice area. The main focus of the course will be the European and the US statutory law and practice, including special aspects of plant variety protection, as they are embedded in the TRIPS Agreement and the UPOV Convention.

262-0 Gassner, Bagley, Huys 1.50 Summer
 

The course will review specific issues relating to both the patent and non-patent protection of pharmaceuticals under U.S. and European law. The instructors will review the U.S. Hatch-Waxman Act and its foreign analogues, including such topics as the Orange Book, specialized patent litigation proceedings, the experimental use privilege, and the role of international agreements (including both the TRIPS Agreement and Free Trade Agreements). The course will also cover patent term extensions (or Supplementary Protection Certificates in the case of the EU), regulatory data protection and market exclusivity rules, and the relationship between patent and non-patent protection and its use in Life Cycle Management strategies. Coverage will incorporate recent issues of particular concern, including authorized generics, homeland security, and antitrust/competition matters as they pertain to pharmaceuticals.

Module 33: Selected Copyright Law Topics

Course No. Course Title Lecturer(s) Credit Points Semester
320-0 Nérisson 1.50 Winter
 

The course presents the main issues related to copyright licensing, highlighting the impacts of the development of digitization and internet on the traditional schemes and framework. The course considers the individual management of copyright (the wide spread buy-out balanced by the legal protection of the creator, and the issues raised by the development of creative commons licenses) and the collective management of copyrights (with a focus on its traditional scheme in Continental Europe and the turmoil following the reactions of the European Commission to the adaptation of CMOs to internet).

341-0 Traphagen, Strowel 1.50 Summer
 

The course is structured in two parts. The first part (Traphagen) is aimed at providing an overview of the enforcement of copyright, addressing general issues and highlighting the most pressing problems, especially in the context of international enforcement. The second part (Strowel) focuses on the enforcement of copyright under Community Law (e.g. the 2004 Enforcement Directive and 2003 Customs Regulation) and addresses special issues such as the delicate relationship between data protection and online copyright enforcement, as well as software piracy.

353-0 Dreier 1.50 Winter
 

A quarter of a century ago, computer programs were the first digital and purely functional object to be integrated into copyright which up until then was merely concerned with works of literature and the arts. The course highlights the driving technical and economic forces behind this legal development. Following, the legal issues related to copyright and computer programs will be discussed on the basis of EU-Directive 2009/24/EC (initially published as Directive 91/250/EEC). A particular focus is on the case law handed down by the CJEU, in particular the "UsedSoft"-decision which addresses fundamental problems of goods and services in the digital networked environment as seen from the perspective of the freedom of movement of goods and services. Finally, as regards licensing, the conceptual difference between classical proprietary licensing schemes on the one hand, and open source licensing on the other hand will be discussed.

371-0 Dougherty, Loewenheim, Schaefer 1.50 Summer
 

Particular problems related to the rights of performing artists and producers in the entertainment industry, including a comparison between the situation in the U.S. and the EU, inter alia with respect to the relative strength of the parties involved, as reflected e.g. in collective agreements and the role of trade unions, branch organizations etc.; problems of international contractual law in the entertainment industry; protection of merchandising property.

Elective Modules (One Exam per Course)

Module 41: Advanced Patent Law

Course No. Course Title Lecturer(s) Credit Points Semester
210-0 Katayama, Kochupillai 1.50 Summer
 

This course considers particularities of Japanese Patent Law, South Korean Patent Law, and Indian Patent Law. The jurisdictions dealt with per semester vary on a rotating basis.

211-0 Goodman 1.50 Summer
 

The unique role of the U.S. Court of Appeals for the Federal Circuit as the only national court of appeals organized on the basis of subject matter rather than geography. Topics include the creation of the Federal Circuit and an overview of its varied jurisdictions (e.g., government contracts, constitutional takings, and international trade). Emphasis on the contributions of the Federal Circuit to patent law, and in particular its administration of eligibility, bars, "nonobviousness," equivalents, and other modern patent law problems. Comparative study of the patent jurisprudence of the Federal Circuit and other nations' courts. (Examination)

220-0 Ann, Goddar 1.50 Winter
 

This course covers the following topics: (i) patent licensing in the business context; (ii) patent Licenses v. know-how "licenses"; (iii) license agreement – basic content; (iv) pitfalls in licensing projects; (v) antitrust issues (TTBER). A simulation on licensing negotiations is part of this course.

242-0 Columbia, Wolters-Höhne, Karl, Heselberger 3.00 Summer
 

This course explores the application of European, U.S. and international patent law to practical cases. Example of topics covered are: patent litigation strategies (forum shopping, warning letters and "torpedo" claims); drafting a patent application and replying to substantive communications from the USPTO and from EPO; enforcement in the U.S. (including the appellate process at the Federal Circuit) and in Europe.

250-0 Nack 1.50 Winter
 

The course covers all legal, economical and political aspects of patenting of software related inventions. It starts with an analysis what a software patent is. We then discuss the patentability of software related inventions in Europe, as compared to the patentability of software related inventions in the USA. Furthermore, the course focusses on practical issues such as how to claim software technology and enforcement of software patents. We touch the very controversial topic of the relationship between software patents and industry standard. Last but not least, the course analyses the economic and political background of the controversy related to software patents.

261-0 Straus, Bagley 1.50 Summer
 

The course will address public policy and practice considerations relating to the patenting of biotechnological inventions with in-depth treatment of a unique practice area. The main focus of the course will be the European and the US statutory law and practice, including special aspects of plant variety protection, as they are embedded in the TRIPS Agreement and the UPOV Convention.

262-0 Gassner, Bagley, Huys 1.50 Summer
 

The course will review specific issues relating to both the patent and non-patent protection of pharmaceuticals under U.S. and European law. The instructors will review the U.S. Hatch-Waxman Act and its foreign analogues, including such topics as the Orange Book, specialized patent litigation proceedings, the experimental use privilege, and the role of international agreements (including both the TRIPS Agreement and Free Trade Agreements). The course will also cover patent term extensions (or Supplementary Protection Certificates in the case of the EU), regulatory data protection and market exclusivity rules, and the relationship between patent and non-patent protection and its use in Life Cycle Management strategies. Coverage will incorporate recent issues of particular concern, including authorized generics, homeland security, and antitrust/competition matters as they pertain to pharmaceuticals.

611-0 Große Ruse-Khan 3.00 Summer
 

This course allows students to examine and understand the increasingly relevant interplays between IP and other legal regimes in international law. It deals with the following four pertinent aspects: 1) The substantive law intersections between IP and other areas of international law; 2) the protection of IP via FTAs, investment regimes and human rights treaties; 3) the concepts in international customary and treaty law which address norm hierarchy and conflict; and 4) the international institutions whose work involves looking at IP from different perspectives. The main learning objective is to raise awareness of the multitude of diverse and specialized regimes relevant for international IP protection and encourage critical analysis of its role in the wider international law framework.

621-0 Burk 1.50 Summer
 

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

622-0 Sun 1.50 Summer
 

Introduction to intellectual property law in China, focusing on technology, commercialization and IP enforcement, and the practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes will include recent IP legislative developments in China, recent landmark cases, and major pitfalls and risks in acquiring and transacting in IP in China. (Examination)

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

642-0 Nack, Ann 1.50 Summer
 

This courtroom simulation course aims to give students the opportunity to apply their knowledge in a practical case in patent and competition law by putting them in the shoes of a trial lawyer. The practical case deals with one of the most exciting and challenging problems in IP law, namely the enforcement of a patent being "essential" for the application of an industry standard. This involves the interaction between patent and competition law, the problem of "patent ambushing", the relevance of IPR policies, and the problem of proving infringement of an (allegedly) standard-essential patent. All participants meet on the first day to form the teams of lawyers and to receive a basic introduction into the subject matter of the case including a Q&A session. In addition to the syllabus, each party receives further documents which may or may not be relevant for the case. Between the first and the second day the parties exchange "skeleton briefs" summarizing possible new facts (and respective evidence) and party´s legal arguments. The parties are invited to adjust their oral arguments in the light of the facts and legal arguments outlined in the skeleton brief provided by the other side. Parties may exchange amended "skeleton briefs" on a voluntary basis. In the oral hearing on the second day of class, party A has 10 minutes to make their opening statement, followed by 10 minutes of rebuttal time for party B. After that, party A has 5 minutes for their concluding remarks, followed by 5 minutes for party B. After all teams finished their pleadings, feedback will be given on the presented arguments. The two most persuasive teams will receive a prize.

711-0 Ann, Surblytė 1.50 Summer
 

Numerous and diverse as they are, trade secrets share one common feature – they all cover information which is actively kept from becoming generally accessible. The course will clarify the nature of trade secret rights as compared to IPRs and will provide a comparative analysis of trade secret protection in both continental and common law systems. The course will address statutory as well as a (pre-)contractual trade secret protection, including but not limited to employer-employee or licensor-licensee relationship. Also, the role of trade secrets in R&D co-operations and the impact which trade secrets may have on technology transfer will be discussed. Another topic will be the strategic use of trade secrets, e.g. by complementing them with patent rights. Finally, the course will touch upon the aspects of prosecution in case of a trade secret misappropriation. Last but not least, trade secrets may not necessarily promote innovation, but may rather be used for hindering it. When does such a use of trade secrets become abusive and how should competition law cope with it?

781-0 von Lewinski 1.50 Summer
 

In recent years, tensions have increased between indigenous peoples and western industries about the use of genetic resources belonging to their land, their traditional knowledge and folklore. Under intellectual property systems, these achievements are regularly not protected, but indigenous peoples consider them under their own (customary) laws as belonging to them. Since industries often make benefits from using genetic resources, traditional knowledge and folklore either as such or as a basis for further (patentable) inventions and derived works protected by copyright, indigenous peoples have claimed that protection be established so as to be able to control the use of these achievements, to share in the benefits, to be able to prevent offensive or other uses damaging their spiritual interests, and to have their origin acknowledged. This course will consider these issues in the framework both of examples of national and regional legislation and of efforts to develop international norms and standards, in particular in WIPO. (Examination)

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

Module 42: Advanced Copyright Law

Course No. Course Title Lecturer(s) Credit Points Semester
320-0 Nérisson 1.50 Winter
 

The course presents the main issues related to copyright licensing, highlighting the impacts of the development of digitization and internet on the traditional schemes and framework. The course considers the individual management of copyright (the wide spread buy-out balanced by the legal protection of the creator, and the issues raised by the development of creative commons licenses) and the collective management of copyrights (with a focus on its traditional scheme in Continental Europe and the turmoil following the reactions of the European Commission to the adaptation of CMOs to internet).

341-0 Traphagen, Strowel 1.50 Summer
 

The course is structured in two parts. The first part (Traphagen) is aimed at providing an overview of the enforcement of copyright, addressing general issues and highlighting the most pressing problems, especially in the context of international enforcement. The second part (Strowel) focuses on the enforcement of copyright under Community Law (e.g. the 2004 Enforcement Directive and 2003 Customs Regulation) and addresses special issues such as the delicate relationship between data protection and online copyright enforcement, as well as software piracy.

353-0 Dreier 1.50 Winter
 

A quarter of a century ago, computer programs were the first digital and purely functional object to be integrated into copyright which up until then was merely concerned with works of literature and the arts. The course highlights the driving technical and economic forces behind this legal development. Following, the legal issues related to copyright and computer programs will be discussed on the basis of EU-Directive 2009/24/EC (initially published as Directive 91/250/EEC). A particular focus is on the case law handed down by the CJEU, in particular the "UsedSoft"-decision which addresses fundamental problems of goods and services in the digital networked environment as seen from the perspective of the freedom of movement of goods and services. Finally, as regards licensing, the conceptual difference between classical proprietary licensing schemes on the one hand, and open source licensing on the other hand will be discussed.

371-0 Dougherty, Loewenheim, Schaefer 1.50 Summer
 

Particular problems related to the rights of performing artists and producers in the entertainment industry, including a comparison between the situation in the U.S. and the EU, inter alia with respect to the relative strength of the parties involved, as reflected e.g. in collective agreements and the role of trade unions, branch organizations etc.; problems of international contractual law in the entertainment industry; protection of merchandising property.

381-0 Brauneis 1.50 Summer
 

Consideration of the changing role of the copy in copyright law and in cultural dissemination, using materials drawn from law, cultural history, sociology, and art theory. Articulation of features of traditional dissemination through discrete copies and the alteration of those features through digital network distribution and typical rights management permission bundles. The effect of audio and video recording and computer technologies on our understanding of the copy, and proposals for reform of the statutory exclusive rights. (Examination)

611-0 Große Ruse-Khan 3.00 Summer
 

This course allows students to examine and understand the increasingly relevant interplays between IP and other legal regimes in international law. It deals with the following four pertinent aspects: 1) The substantive law intersections between IP and other areas of international law; 2) the protection of IP via FTAs, investment regimes and human rights treaties; 3) the concepts in international customary and treaty law which address norm hierarchy and conflict; and 4) the international institutions whose work involves looking at IP from different perspectives. The main learning objective is to raise awareness of the multitude of diverse and specialized regimes relevant for international IP protection and encourage critical analysis of its role in the wider international law framework.

621-0 Burk 1.50 Summer
 

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

622-0 Sun 1.50 Summer
 

Introduction to intellectual property law in China, focusing on technology, commercialization and IP enforcement, and the practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes will include recent IP legislative developments in China, recent landmark cases, and major pitfalls and risks in acquiring and transacting in IP in China. (Examination)

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

654-0 Maggs 1.50 Summer
 

Contract and copyright issues arising out of software contracts. Contractual attempts to authorize or restrict copying and use of software; the proper legal chracterization of software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

781-0 von Lewinski 1.50 Summer
 

In recent years, tensions have increased between indigenous peoples and western industries about the use of genetic resources belonging to their land, their traditional knowledge and folklore. Under intellectual property systems, these achievements are regularly not protected, but indigenous peoples consider them under their own (customary) laws as belonging to them. Since industries often make benefits from using genetic resources, traditional knowledge and folklore either as such or as a basis for further (patentable) inventions and derived works protected by copyright, indigenous peoples have claimed that protection be established so as to be able to control the use of these achievements, to share in the benefits, to be able to prevent offensive or other uses damaging their spiritual interests, and to have their origin acknowledged. This course will consider these issues in the framework both of examples of national and regional legislation and of efforts to develop international norms and standards, in particular in WIPO. (Examination)

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

971-0 Ericsson 1.50 Winter
 

The field of Media Law is comprehensive in scope. No doubt, freedom of expression builds the foundation of Media Law. However, particular aspects of Media Law are scattered throughout other, distinct fields of law (e.g. Copyright Law, Competition Law, Anti-trust Law, Criminal Law, Tort Law, etc.). Depending on one's perspective, the cross-cutting nature of Media Law may be seen either as paradigmatic of "modern" fields of law or as evidence that no such specific area of law exists. Putting such systemic questions aside, this course emphasizes the presence and function of media relevant norms at both the individual level (producers / users / recipients of media) and the institutional level (production framework / role of State). Within this context and in keeping with the international and comparative focus of the MIPLC program, this course will focus on the various aspects of Media Law from both an international and national (U.S. Law / German Law) point of view.

Module 43: Advanced Trademark Law

Course No. Course Title Lecturer(s) Credit Points Semester
410-0 Gangjee 1.50 Winter
 

Further analysis of legal problems in the area of unfair competition and trade practices with a comparative view to the United States, including a survey on protection of geographical indications under EU and TRIPS.

441-0 von Bomhard, Leonard, Kroher 3.00 Summer
 

The theoretical knowledge gained from the trade mark courses in the winter can be enhanced at the three-day course Practical Training in Trademark Law offered by two experienced trademark practitioners from the United States and Europe, respectively. The course will offer practical exercises and compare US trademark law and European trademark law from the perspective of the practitioner.

611-0 Große Ruse-Khan 3.00 Summer
 

This course allows students to examine and understand the increasingly relevant interplays between IP and other legal regimes in international law. It deals with the following four pertinent aspects: 1) The substantive law intersections between IP and other areas of international law; 2) the protection of IP via FTAs, investment regimes and human rights treaties; 3) the concepts in international customary and treaty law which address norm hierarchy and conflict; and 4) the international institutions whose work involves looking at IP from different perspectives. The main learning objective is to raise awareness of the multitude of diverse and specialized regimes relevant for international IP protection and encourage critical analysis of its role in the wider international law framework.

621-0 Burk 1.50 Summer
 

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

622-0 Sun 1.50 Summer
 

Introduction to intellectual property law in China, focusing on technology, commercialization and IP enforcement, and the practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes will include recent IP legislative developments in China, recent landmark cases, and major pitfalls and risks in acquiring and transacting in IP in China. (Examination)

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

741-0 Ohly 1.50 Summer
 

Protection of privacy, including protection of private data; personality merchandising under U.S. law with a comparative view to relevant EU legislation as well as national law in selected EU countries, particularly in Germany and in the United Kingdom.

781-0 von Lewinski 1.50 Summer
 

In recent years, tensions have increased between indigenous peoples and western industries about the use of genetic resources belonging to their land, their traditional knowledge and folklore. Under intellectual property systems, these achievements are regularly not protected, but indigenous peoples consider them under their own (customary) laws as belonging to them. Since industries often make benefits from using genetic resources, traditional knowledge and folklore either as such or as a basis for further (patentable) inventions and derived works protected by copyright, indigenous peoples have claimed that protection be established so as to be able to control the use of these achievements, to share in the benefits, to be able to prevent offensive or other uses damaging their spiritual interests, and to have their origin acknowledged. This course will consider these issues in the framework both of examples of national and regional legislation and of efforts to develop international norms and standards, in particular in WIPO. (Examination)

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

Module 44: IP and Competition Law

Course No. Course Title Lecturer(s) Credit Points Semester
220-0 Ann, Goddar 1.50 Winter
 

This course covers the following topics: (i) patent licensing in the business context; (ii) patent Licenses v. know-how "licenses"; (iii) license agreement – basic content; (iv) pitfalls in licensing projects; (v) antitrust issues (TTBER). A simulation on licensing negotiations is part of this course.

510-0 Bakhoum 1.50 Summer
 

This course provides the students with a critical overview of the recent developments in competition law and policy with a focus on developing and emerging economies. How markets work for them and the role of antitrust will be discussed. The course has both an international and a comparative component. It analyzes and compares the competition law and policy of selected developing and emerging economies including India, China and South Africa with the practice in developed jurisdictions, in particular the European Union (EU) and the United States. The international component explores extraterritoriality, conflicts, convergence and the efforts to develop a global competition regime from the perspective of emerging economies.

540-0 Competition Law in Practice Fiebig, Bardong 1.50 Summer
541-0 Möllers 1.50 Summer
 

Unfair competition is harmonized by only a couple of directives on the EC level. So next to the Basic Course about EC unfair competition law (Unfair Competition) it seems necessary to describe the different legal backgrounds of unfair competition law in the Member States of the EC. Here one will find next to case law a lot of special codes in the area of unfair competition law, consumer protection and tort law. Because the remedies in this area are hardly harmonized, they differ strongly. Many Member States prefer public authorities taking measures against violators. Germany by contrast enforces the law by civil parties. In the United States one can find double and triple damages to enforce the different rules of unfair competition law. Although there is a lot of diversity, the lecture will structure unfair competition law and show common rules.

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

642-0 Nack, Ann 1.50 Summer
 

This courtroom simulation course aims to give students the opportunity to apply their knowledge in a practical case in patent and competition law by putting them in the shoes of a trial lawyer. The practical case deals with one of the most exciting and challenging problems in IP law, namely the enforcement of a patent being "essential" for the application of an industry standard. This involves the interaction between patent and competition law, the problem of "patent ambushing", the relevance of IPR policies, and the problem of proving infringement of an (allegedly) standard-essential patent. All participants meet on the first day to form the teams of lawyers and to receive a basic introduction into the subject matter of the case including a Q&A session. In addition to the syllabus, each party receives further documents which may or may not be relevant for the case. Between the first and the second day the parties exchange "skeleton briefs" summarizing possible new facts (and respective evidence) and party´s legal arguments. The parties are invited to adjust their oral arguments in the light of the facts and legal arguments outlined in the skeleton brief provided by the other side. Parties may exchange amended "skeleton briefs" on a voluntary basis. In the oral hearing on the second day of class, party A has 10 minutes to make their opening statement, followed by 10 minutes of rebuttal time for party B. After that, party A has 5 minutes for their concluding remarks, followed by 5 minutes for party B. After all teams finished their pleadings, feedback will be given on the presented arguments. The two most persuasive teams will receive a prize.

711-0 Ann, Surblytė 1.50 Summer
 

Numerous and diverse as they are, trade secrets share one common feature – they all cover information which is actively kept from becoming generally accessible. The course will clarify the nature of trade secret rights as compared to IPRs and will provide a comparative analysis of trade secret protection in both continental and common law systems. The course will address statutory as well as a (pre-)contractual trade secret protection, including but not limited to employer-employee or licensor-licensee relationship. Also, the role of trade secrets in R&D co-operations and the impact which trade secrets may have on technology transfer will be discussed. Another topic will be the strategic use of trade secrets, e.g. by complementing them with patent rights. Finally, the course will touch upon the aspects of prosecution in case of a trade secret misappropriation. Last but not least, trade secrets may not necessarily promote innovation, but may rather be used for hindering it. When does such a use of trade secrets become abusive and how should competition law cope with it?

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

Module 45: IP Law in Practice

Course No. Course Title Lecturer(s) Credit Points Semester
242-0 Columbia, Wolters-Höhne, Karl, Heselberger 3.00 Summer
 

This course explores the application of European, U.S. and international patent law to practical cases. Example of topics covered are: patent litigation strategies (forum shopping, warning letters and "torpedo" claims); drafting a patent application and replying to substantive communications from the USPTO and from EPO; enforcement in the U.S. (including the appellate process at the Federal Circuit) and in Europe.

341-0 Traphagen, Strowel 1.50 Summer
 

The course is structured in two parts. The first part (Traphagen) is aimed at providing an overview of the enforcement of copyright, addressing general issues and highlighting the most pressing problems, especially in the context of international enforcement. The second part (Strowel) focuses on the enforcement of copyright under Community Law (e.g. the 2004 Enforcement Directive and 2003 Customs Regulation) and addresses special issues such as the delicate relationship between data protection and online copyright enforcement, as well as software piracy.

441-0 von Bomhard, Leonard, Kroher 3.00 Summer
 

The theoretical knowledge gained from the trade mark courses in the winter can be enhanced at the three-day course Practical Training in Trademark Law offered by two experienced trademark practitioners from the United States and Europe, respectively. The course will offer practical exercises and compare US trademark law and European trademark law from the perspective of the practitioner.

540-0 Competition Law in Practice Fiebig, Bardong 1.50 Summer
640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

642-0 Nack, Ann 1.50 Summer
 

This courtroom simulation course aims to give students the opportunity to apply their knowledge in a practical case in patent and competition law by putting them in the shoes of a trial lawyer. The practical case deals with one of the most exciting and challenging problems in IP law, namely the enforcement of a patent being "essential" for the application of an industry standard. This involves the interaction between patent and competition law, the problem of "patent ambushing", the relevance of IPR policies, and the problem of proving infringement of an (allegedly) standard-essential patent. All participants meet on the first day to form the teams of lawyers and to receive a basic introduction into the subject matter of the case including a Q&A session. In addition to the syllabus, each party receives further documents which may or may not be relevant for the case. Between the first and the second day the parties exchange "skeleton briefs" summarizing possible new facts (and respective evidence) and party´s legal arguments. The parties are invited to adjust their oral arguments in the light of the facts and legal arguments outlined in the skeleton brief provided by the other side. Parties may exchange amended "skeleton briefs" on a voluntary basis. In the oral hearing on the second day of class, party A has 10 minutes to make their opening statement, followed by 10 minutes of rebuttal time for party B. After that, party A has 5 minutes for their concluding remarks, followed by 5 minutes for party B. After all teams finished their pleadings, feedback will be given on the presented arguments. The two most persuasive teams will receive a prize.

Module 46: Innovation Management

Course No. Course Title Lecturer(s) Credit Points Semester
810-0 Townsend Gard 1.50 Summer
 

Key legal issues that arise when creating a start-up company with a product or service that will be distributed globally, including strategies concerning trademark registration and protection, patents, trade secrets, contracts, non-disclosure agreements, and later extension into new markets.

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

813-0 Stürz 1.50 Winter
 

Analysis of the theoretical rationales underlying innovation policies and the institutional implementations of those policies in various nations and supranational organizations, including consideration both of the crucial roles of intellectual property rights systems and of the problems they create. Consideration of intellectual property systems in conjunction with other elements of innovation policies, such as subsidization of R&D, tax incentives for innovation activities, and preferential treatment of particular sources of finance (e.g., private equity, small business loans for innovation projects); quantification of the economic effects of these policies.

821-0 Hoisl 1.50 Summer
 

Consideration of approaches to the valuation of various types of intangible assets, such as patent rights, copyrights and brand names, in the course of licensing negotiations, valuation of start-ups, mergers, acquisitions, and general strategic planning. Emphasis is placed on a detailed understanding of theoretical underpinnings as well as the actual execution of IA valuation tasks. Practitioners from the IP community will be involved to provide hands-on experience in asset valuation.

824-0 Patzelt 1.50 Summer
 

The overall aim of this course is to develop competencies for entrepreneurial and management positions. The course is a mixture of lecture, case study discussion, and team assignments. Students will learn important concepts and tools to be successful in discovering and developing entrepreneurial opportunities and building new businesses, whether as a start-up or in a business development position in an established company. Specifically, students will apply concepts of idea generation for business opportunities in the market place and tools to develop these opportunities and to set up business models for a new company. Moreover, students will learn approaches to decision making in entrepreneurial and uncertain environments. Finally, the course provides an introduction to issues related to entrepreneurial finance and new venture growth.

825-0 Kaserer 1.50 Winter
 

Introduction to financial management issues in companies, most importantly financial statement analysis, financial planning and corporate control, with special emphasis on management issues of intellectual property companies. The course combines lectures, discussions and case studies.

Module 47: IP and Technology

Course No. Course Title Lecturer(s) Credit Points Semester
250-0 Nack 1.50 Winter
 

The course covers all legal, economical and political aspects of patenting of software related inventions. It starts with an analysis what a software patent is. We then discuss the patentability of software related inventions in Europe, as compared to the patentability of software related inventions in the USA. Furthermore, the course focusses on practical issues such as how to claim software technology and enforcement of software patents. We touch the very controversial topic of the relationship between software patents and industry standard. Last but not least, the course analyses the economic and political background of the controversy related to software patents.

261-0 Straus, Bagley 1.50 Summer
 

The course will address public policy and practice considerations relating to the patenting of biotechnological inventions with in-depth treatment of a unique practice area. The main focus of the course will be the European and the US statutory law and practice, including special aspects of plant variety protection, as they are embedded in the TRIPS Agreement and the UPOV Convention.

353-0 Dreier 1.50 Winter
 

A quarter of a century ago, computer programs were the first digital and purely functional object to be integrated into copyright which up until then was merely concerned with works of literature and the arts. The course highlights the driving technical and economic forces behind this legal development. Following, the legal issues related to copyright and computer programs will be discussed on the basis of EU-Directive 2009/24/EC (initially published as Directive 91/250/EEC). A particular focus is on the case law handed down by the CJEU, in particular the "UsedSoft"-decision which addresses fundamental problems of goods and services in the digital networked environment as seen from the perspective of the freedom of movement of goods and services. Finally, as regards licensing, the conceptual difference between classical proprietary licensing schemes on the one hand, and open source licensing on the other hand will be discussed.

371-0 Dougherty, Loewenheim, Schaefer 1.50 Summer
 

Particular problems related to the rights of performing artists and producers in the entertainment industry, including a comparison between the situation in the U.S. and the EU, inter alia with respect to the relative strength of the parties involved, as reflected e.g. in collective agreements and the role of trade unions, branch organizations etc.; problems of international contractual law in the entertainment industry; protection of merchandising property.

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

654-0 Maggs 1.50 Summer
 

Contract and copyright issues arising out of software contracts. Contractual attempts to authorize or restrict copying and use of software; the proper legal chracterization of software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

711-0 Ann, Surblytė 1.50 Summer
 

Numerous and diverse as they are, trade secrets share one common feature – they all cover information which is actively kept from becoming generally accessible. The course will clarify the nature of trade secret rights as compared to IPRs and will provide a comparative analysis of trade secret protection in both continental and common law systems. The course will address statutory as well as a (pre-)contractual trade secret protection, including but not limited to employer-employee or licensor-licensee relationship. Also, the role of trade secrets in R&D co-operations and the impact which trade secrets may have on technology transfer will be discussed. Another topic will be the strategic use of trade secrets, e.g. by complementing them with patent rights. Finally, the course will touch upon the aspects of prosecution in case of a trade secret misappropriation. Last but not least, trade secrets may not necessarily promote innovation, but may rather be used for hindering it. When does such a use of trade secrets become abusive and how should competition law cope with it?

821-0 Hoisl 1.50 Summer
 

Consideration of approaches to the valuation of various types of intangible assets, such as patent rights, copyrights and brand names, in the course of licensing negotiations, valuation of start-ups, mergers, acquisitions, and general strategic planning. Emphasis is placed on a detailed understanding of theoretical underpinnings as well as the actual execution of IA valuation tasks. Practitioners from the IP community will be involved to provide hands-on experience in asset valuation.

950-0 Lehmann 1.50 Summer
 

The course focuses primarily on software contract law and electronic commerce in Europe. Therefore, copyright and consumer protection laws in Europe will be some of the key issues of our exploration of the prevailing legal framework. Also, the interrelation of economic theory and intellectual property law will be emphasized and some insights of the economic analysis of law shall be presented.

971-0 Ericsson 1.50 Winter
 

The field of Media Law is comprehensive in scope. No doubt, freedom of expression builds the foundation of Media Law. However, particular aspects of Media Law are scattered throughout other, distinct fields of law (e.g. Copyright Law, Competition Law, Anti-trust Law, Criminal Law, Tort Law, etc.). Depending on one's perspective, the cross-cutting nature of Media Law may be seen either as paradigmatic of "modern" fields of law or as evidence that no such specific area of law exists. Putting such systemic questions aside, this course emphasizes the presence and function of media relevant norms at both the individual level (producers / users / recipients of media) and the institutional level (production framework / role of State). Within this context and in keeping with the international and comparative focus of the MIPLC program, this course will focus on the various aspects of Media Law from both an international and national (U.S. Law / German Law) point of view.

Module 48: IP Licensing

Course No. Course Title Lecturer(s) Credit Points Semester
220-0 Ann, Goddar 1.50 Winter
 

This course covers the following topics: (i) patent licensing in the business context; (ii) patent Licenses v. know-how "licenses"; (iii) license agreement – basic content; (iv) pitfalls in licensing projects; (v) antitrust issues (TTBER). A simulation on licensing negotiations is part of this course.

320-0 Nérisson 1.50 Winter
 

The course presents the main issues related to copyright licensing, highlighting the impacts of the development of digitization and internet on the traditional schemes and framework. The course considers the individual management of copyright (the wide spread buy-out balanced by the legal protection of the creator, and the issues raised by the development of creative commons licenses) and the collective management of copyrights (with a focus on its traditional scheme in Continental Europe and the turmoil following the reactions of the European Commission to the adaptation of CMOs to internet).

371-0 Dougherty, Loewenheim, Schaefer 1.50 Summer
 

Particular problems related to the rights of performing artists and producers in the entertainment industry, including a comparison between the situation in the U.S. and the EU, inter alia with respect to the relative strength of the parties involved, as reflected e.g. in collective agreements and the role of trade unions, branch organizations etc.; problems of international contractual law in the entertainment industry; protection of merchandising property.

621-0 Burk 1.50 Summer
 

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

654-0 Maggs 1.50 Summer
 

Contract and copyright issues arising out of software contracts. Contractual attempts to authorize or restrict copying and use of software; the proper legal chracterization of software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

741-0 Ohly 1.50 Summer
 

Protection of privacy, including protection of private data; personality merchandising under U.S. law with a comparative view to relevant EU legislation as well as national law in selected EU countries, particularly in Germany and in the United Kingdom.

824-0 Patzelt 1.50 Summer
 

The overall aim of this course is to develop competencies for entrepreneurial and management positions. The course is a mixture of lecture, case study discussion, and team assignments. Students will learn important concepts and tools to be successful in discovering and developing entrepreneurial opportunities and building new businesses, whether as a start-up or in a business development position in an established company. Specifically, students will apply concepts of idea generation for business opportunities in the market place and tools to develop these opportunities and to set up business models for a new company. Moreover, students will learn approaches to decision making in entrepreneurial and uncertain environments. Finally, the course provides an introduction to issues related to entrepreneurial finance and new venture growth.

Module 49: Thesis Preparation

Course No. Course Title Lecturer(s) Credit Points Semester
210-0 Katayama, Kochupillai 1.50 Summer
 

This course considers particularities of Japanese Patent Law, South Korean Patent Law, and Indian Patent Law. The jurisdictions dealt with per semester vary on a rotating basis.

211-0 Goodman 1.50 Summer
 

The unique role of the U.S. Court of Appeals for the Federal Circuit as the only national court of appeals organized on the basis of subject matter rather than geography. Topics include the creation of the Federal Circuit and an overview of its varied jurisdictions (e.g., government contracts, constitutional takings, and international trade). Emphasis on the contributions of the Federal Circuit to patent law, and in particular its administration of eligibility, bars, "nonobviousness," equivalents, and other modern patent law problems. Comparative study of the patent jurisprudence of the Federal Circuit and other nations' courts. (Examination)

220-0 Ann, Goddar 1.50 Winter
 

This course covers the following topics: (i) patent licensing in the business context; (ii) patent Licenses v. know-how "licenses"; (iii) license agreement – basic content; (iv) pitfalls in licensing projects; (v) antitrust issues (TTBER). A simulation on licensing negotiations is part of this course.

242-0 Columbia, Wolters-Höhne, Karl, Heselberger 3.00 Summer
 

This course explores the application of European, U.S. and international patent law to practical cases. Example of topics covered are: patent litigation strategies (forum shopping, warning letters and "torpedo" claims); drafting a patent application and replying to substantive communications from the USPTO and from EPO; enforcement in the U.S. (including the appellate process at the Federal Circuit) and in Europe.

250-0 Nack 1.50 Winter
 

The course covers all legal, economical and political aspects of patenting of software related inventions. It starts with an analysis what a software patent is. We then discuss the patentability of software related inventions in Europe, as compared to the patentability of software related inventions in the USA. Furthermore, the course focusses on practical issues such as how to claim software technology and enforcement of software patents. We touch the very controversial topic of the relationship between software patents and industry standard. Last but not least, the course analyses the economic and political background of the controversy related to software patents.

261-0 Straus, Bagley 1.50 Summer
 

The course will address public policy and practice considerations relating to the patenting of biotechnological inventions with in-depth treatment of a unique practice area. The main focus of the course will be the European and the US statutory law and practice, including special aspects of plant variety protection, as they are embedded in the TRIPS Agreement and the UPOV Convention.

262-0 Gassner, Bagley, Huys 1.50 Summer
 

The course will review specific issues relating to both the patent and non-patent protection of pharmaceuticals under U.S. and European law. The instructors will review the U.S. Hatch-Waxman Act and its foreign analogues, including such topics as the Orange Book, specialized patent litigation proceedings, the experimental use privilege, and the role of international agreements (including both the TRIPS Agreement and Free Trade Agreements). The course will also cover patent term extensions (or Supplementary Protection Certificates in the case of the EU), regulatory data protection and market exclusivity rules, and the relationship between patent and non-patent protection and its use in Life Cycle Management strategies. Coverage will incorporate recent issues of particular concern, including authorized generics, homeland security, and antitrust/competition matters as they pertain to pharmaceuticals.

320-0 Nérisson 1.50 Winter
 

The course presents the main issues related to copyright licensing, highlighting the impacts of the development of digitization and internet on the traditional schemes and framework. The course considers the individual management of copyright (the wide spread buy-out balanced by the legal protection of the creator, and the issues raised by the development of creative commons licenses) and the collective management of copyrights (with a focus on its traditional scheme in Continental Europe and the turmoil following the reactions of the European Commission to the adaptation of CMOs to internet).

341-0 Traphagen, Strowel 1.50 Summer
 

The course is structured in two parts. The first part (Traphagen) is aimed at providing an overview of the enforcement of copyright, addressing general issues and highlighting the most pressing problems, especially in the context of international enforcement. The second part (Strowel) focuses on the enforcement of copyright under Community Law (e.g. the 2004 Enforcement Directive and 2003 Customs Regulation) and addresses special issues such as the delicate relationship between data protection and online copyright enforcement, as well as software piracy.

353-0 Dreier 1.50 Winter
 

A quarter of a century ago, computer programs were the first digital and purely functional object to be integrated into copyright which up until then was merely concerned with works of literature and the arts. The course highlights the driving technical and economic forces behind this legal development. Following, the legal issues related to copyright and computer programs will be discussed on the basis of EU-Directive 2009/24/EC (initially published as Directive 91/250/EEC). A particular focus is on the case law handed down by the CJEU, in particular the "UsedSoft"-decision which addresses fundamental problems of goods and services in the digital networked environment as seen from the perspective of the freedom of movement of goods and services. Finally, as regards licensing, the conceptual difference between classical proprietary licensing schemes on the one hand, and open source licensing on the other hand will be discussed.

371-0 Dougherty, Loewenheim, Schaefer 1.50 Summer
 

Particular problems related to the rights of performing artists and producers in the entertainment industry, including a comparison between the situation in the U.S. and the EU, inter alia with respect to the relative strength of the parties involved, as reflected e.g. in collective agreements and the role of trade unions, branch organizations etc.; problems of international contractual law in the entertainment industry; protection of merchandising property.

381-0 Brauneis 1.50 Summer
 

Consideration of the changing role of the copy in copyright law and in cultural dissemination, using materials drawn from law, cultural history, sociology, and art theory. Articulation of features of traditional dissemination through discrete copies and the alteration of those features through digital network distribution and typical rights management permission bundles. The effect of audio and video recording and computer technologies on our understanding of the copy, and proposals for reform of the statutory exclusive rights. (Examination)

410-0 Gangjee 1.50 Winter
 

Further analysis of legal problems in the area of unfair competition and trade practices with a comparative view to the United States, including a survey on protection of geographical indications under EU and TRIPS.

441-0 von Bomhard, Leonard, Kroher 3.00 Summer
 

The theoretical knowledge gained from the trade mark courses in the winter can be enhanced at the three-day course Practical Training in Trademark Law offered by two experienced trademark practitioners from the United States and Europe, respectively. The course will offer practical exercises and compare US trademark law and European trademark law from the perspective of the practitioner.

510-0 Bakhoum 1.50 Summer
 

This course provides the students with a critical overview of the recent developments in competition law and policy with a focus on developing and emerging economies. How markets work for them and the role of antitrust will be discussed. The course has both an international and a comparative component. It analyzes and compares the competition law and policy of selected developing and emerging economies including India, China and South Africa with the practice in developed jurisdictions, in particular the European Union (EU) and the United States. The international component explores extraterritoriality, conflicts, convergence and the efforts to develop a global competition regime from the perspective of emerging economies.

540-0 Competition Law in Practice Fiebig, Bardong 1.50 Summer
541-0 Möllers 1.50 Summer
 

Unfair competition is harmonized by only a couple of directives on the EC level. So next to the Basic Course about EC unfair competition law (Unfair Competition) it seems necessary to describe the different legal backgrounds of unfair competition law in the Member States of the EC. Here one will find next to case law a lot of special codes in the area of unfair competition law, consumer protection and tort law. Because the remedies in this area are hardly harmonized, they differ strongly. Many Member States prefer public authorities taking measures against violators. Germany by contrast enforces the law by civil parties. In the United States one can find double and triple damages to enforce the different rules of unfair competition law. Although there is a lot of diversity, the lecture will structure unfair competition law and show common rules.

611-0 Große Ruse-Khan 3.00 Summer
 

This course allows students to examine and understand the increasingly relevant interplays between IP and other legal regimes in international law. It deals with the following four pertinent aspects: 1) The substantive law intersections between IP and other areas of international law; 2) the protection of IP via FTAs, investment regimes and human rights treaties; 3) the concepts in international customary and treaty law which address norm hierarchy and conflict; and 4) the international institutions whose work involves looking at IP from different perspectives. The main learning objective is to raise awareness of the multitude of diverse and specialized regimes relevant for international IP protection and encourage critical analysis of its role in the wider international law framework.

621-0 Burk 1.50 Summer
 

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

622-0 Sun 1.50 Summer
 

Introduction to intellectual property law in China, focusing on technology, commercialization and IP enforcement, and the practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes will include recent IP legislative developments in China, recent landmark cases, and major pitfalls and risks in acquiring and transacting in IP in China. (Examination)

640-0 Karamanian, Wilbers, Fischmann 3.00 Summer
 

This course explains the potential and operation of Alternative Dispute Resolution (ADR) methods in the context of IP disputes. Its focus lies principally on arbitration, although attention is also paid to mediation. Questions about jurisdiction, the relationship between arbitral tribunals and municipal legal systems, and the role of administering institutions are analyzed and debated. Consideration is also given to the drafting of arbitration clauses and the dynamics of the arbitral process. Standardized ADR procedures for domain name dispute resolution are also discussed. This course includes an arbitration simulation in which students present a case before an arbitral tribunal, as well as some mediation exercises.

642-0 Nack, Ann 1.50 Summer
 

This courtroom simulation course aims to give students the opportunity to apply their knowledge in a practical case in patent and competition law by putting them in the shoes of a trial lawyer. The practical case deals with one of the most exciting and challenging problems in IP law, namely the enforcement of a patent being "essential" for the application of an industry standard. This involves the interaction between patent and competition law, the problem of "patent ambushing", the relevance of IPR policies, and the problem of proving infringement of an (allegedly) standard-essential patent. All participants meet on the first day to form the teams of lawyers and to receive a basic introduction into the subject matter of the case including a Q&A session. In addition to the syllabus, each party receives further documents which may or may not be relevant for the case. Between the first and the second day the parties exchange "skeleton briefs" summarizing possible new facts (and respective evidence) and party´s legal arguments. The parties are invited to adjust their oral arguments in the light of the facts and legal arguments outlined in the skeleton brief provided by the other side. Parties may exchange amended "skeleton briefs" on a voluntary basis. In the oral hearing on the second day of class, party A has 10 minutes to make their opening statement, followed by 10 minutes of rebuttal time for party B. After that, party A has 5 minutes for their concluding remarks, followed by 5 minutes for party B. After all teams finished their pleadings, feedback will be given on the presented arguments. The two most persuasive teams will receive a prize.

654-0 Maggs 1.50 Summer
 

Contract and copyright issues arising out of software contracts. Contractual attempts to authorize or restrict copying and use of software; the proper legal chracterization of software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

711-0 Ann, Surblytė 1.50 Summer
 

Numerous and diverse as they are, trade secrets share one common feature – they all cover information which is actively kept from becoming generally accessible. The course will clarify the nature of trade secret rights as compared to IPRs and will provide a comparative analysis of trade secret protection in both continental and common law systems. The course will address statutory as well as a (pre-)contractual trade secret protection, including but not limited to employer-employee or licensor-licensee relationship. Also, the role of trade secrets in R&D co-operations and the impact which trade secrets may have on technology transfer will be discussed. Another topic will be the strategic use of trade secrets, e.g. by complementing them with patent rights. Finally, the course will touch upon the aspects of prosecution in case of a trade secret misappropriation. Last but not least, trade secrets may not necessarily promote innovation, but may rather be used for hindering it. When does such a use of trade secrets become abusive and how should competition law cope with it?

741-0 Ohly 1.50 Summer
 

Protection of privacy, including protection of private data; personality merchandising under U.S. law with a comparative view to relevant EU legislation as well as national law in selected EU countries, particularly in Germany and in the United Kingdom.

781-0 von Lewinski 1.50 Summer
 

In recent years, tensions have increased between indigenous peoples and western industries about the use of genetic resources belonging to their land, their traditional knowledge and folklore. Under intellectual property systems, these achievements are regularly not protected, but indigenous peoples consider them under their own (customary) laws as belonging to them. Since industries often make benefits from using genetic resources, traditional knowledge and folklore either as such or as a basis for further (patentable) inventions and derived works protected by copyright, indigenous peoples have claimed that protection be established so as to be able to control the use of these achievements, to share in the benefits, to be able to prevent offensive or other uses damaging their spiritual interests, and to have their origin acknowledged. This course will consider these issues in the framework both of examples of national and regional legislation and of efforts to develop international norms and standards, in particular in WIPO. (Examination)

810-0 Townsend Gard 1.50 Summer
 

Key legal issues that arise when creating a start-up company with a product or service that will be distributed globally, including strategies concerning trademark registration and protection, patents, trade secrets, contracts, non-disclosure agreements, and later extension into new markets.

812-0 Duffy 1.50 Winter
 

Intellectual property has long generated a pitched debate among economists concerning both whether it is economically sensible for society to recognize any intellectual property rights and, assuming such rights should be recognized, what the optimal scope of such rights should be. This course gives an introduction to that long-running debate and to its legal implications for the structure of intellectual property rights.

813-0 Stürz 1.50 Winter
 

Analysis of the theoretical rationales underlying innovation policies and the institutional implementations of those policies in various nations and supranational organizations, including consideration both of the crucial roles of intellectual property rights systems and of the problems they create. Consideration of intellectual property systems in conjunction with other elements of innovation policies, such as subsidization of R&D, tax incentives for innovation activities, and preferential treatment of particular sources of finance (e.g., private equity, small business loans for innovation projects); quantification of the economic effects of these policies.

821-0 Hoisl 1.50 Summer
 

Consideration of approaches to the valuation of various types of intangible assets, such as patent rights, copyrights and brand names, in the course of licensing negotiations, valuation of start-ups, mergers, acquisitions, and general strategic planning. Emphasis is placed on a detailed understanding of theoretical underpinnings as well as the actual execution of IA valuation tasks. Practitioners from the IP community will be involved to provide hands-on experience in asset valuation.

824-0 Patzelt 1.50 Summer
 

The overall aim of this course is to develop competencies for entrepreneurial and management positions. The course is a mixture of lecture, case study discussion, and team assignments. Students will learn important concepts and tools to be successful in discovering and developing entrepreneurial opportunities and building new businesses, whether as a start-up or in a business development position in an established company. Specifically, students will apply concepts of idea generation for business opportunities in the market place and tools to develop these opportunities and to set up business models for a new company. Moreover, students will learn approaches to decision making in entrepreneurial and uncertain environments. Finally, the course provides an introduction to issues related to entrepreneurial finance and new venture growth.

825-0 Kaserer 1.50 Winter
 

Introduction to financial management issues in companies, most importantly financial statement analysis, financial planning and corporate control, with special emphasis on management issues of intellectual property companies. The course combines lectures, discussions and case studies.

950-0 Lehmann 1.50 Summer
 

The course focuses primarily on software contract law and electronic commerce in Europe. Therefore, copyright and consumer protection laws in Europe will be some of the key issues of our exploration of the prevailing legal framework. Also, the interrelation of economic theory and intellectual property law will be emphasized and some insights of the economic analysis of law shall be presented.

971-0 Ericsson 1.50 Winter
 

The field of Media Law is comprehensive in scope. No doubt, freedom of expression builds the foundation of Media Law. However, particular aspects of Media Law are scattered throughout other, distinct fields of law (e.g. Copyright Law, Competition Law, Anti-trust Law, Criminal Law, Tort Law, etc.). Depending on one's perspective, the cross-cutting nature of Media Law may be seen either as paradigmatic of "modern" fields of law or as evidence that no such specific area of law exists. Putting such systemic questions aside, this course emphasizes the presence and function of media relevant norms at both the individual level (producers / users / recipients of media) and the institutional level (production framework / role of State). Within this context and in keeping with the international and comparative focus of the MIPLC program, this course will focus on the various aspects of Media Law from both an international and national (U.S. Law / German Law) point of view.

* This course is offered by the GWU IP Summer Program. Its availability is therefore subject to changes in the curriculum of that program.

Please note: Elective courses may be subject to a minimum number of registrations.