Module and Course List

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.

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.

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.

By outlining the purpose, structure and basic content of international law in the relevant fields of intellectual property, the present course aims at providing the basis for a proper understanding of the legal setting in which international IP issues are resolved. It will consider and discuss the structural and institutional framework of international IP law from a general perspective: what are the different types of agreements, and how (and by whom) are they administered, etc, and briefly introrduce the subject and contents of major treaty systems, in particular the Berne and Paris conventions and TRIPS, in the light of their historical background, actual relevance, and tendencies for further development.

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.

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

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.

Study of differences between systems for acquiring patents, including patentability requirements, scope of protection and remedies for patent infringement under U.S. and Japanese law; detailed study of the respective international conventions (TRIPS, PCT, etc.); present state of discussion and prospects for further developments on the international level, e.g. in the context of the Doha round.

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.

Introduction to special features of U.S. and Japanese copyright law, as well as copyright law in other selected countries or regions; a detailed study of the international Conventions in the field of copyright and neighboring rights; prospects for further international harmonization, including specific matters of jurisdiction and conflict of laws.

Acquisition, scope of protection, and enforcement of trademark rights on the basis of harmonized national law in EU Member States as well as under the Community Trademark system, including a survey of ECJ case law and OHIM practice; comparison of EU law with important features of U.S. trademark law; international trademark law, including the Madrid system of international registration; provisions of relevance for trademark law in the Paris Convention and TRIPS.

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.

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.

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.

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.

The legal context of licensing situations; appropriate terms and conditions in contracts; antitrust and misuse constraints; choice of law; jurisdiction.

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 EC treaty (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 EC treaty. History and background of the WTO treaty; institutions established under the treaty; central principles such as the MFN clause; and legal impacts and ongoing developments.

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.

European and international patent law, including biotech patent law and information processing patent law, applied to practical cases, including discussion of recent decisions; discussion of pan-European patent litigation strategies; characteristics of various European patent litigation jurisdictions; patent granting procedure before the EPO; claim drafting practice; and discussion of special problems, such as those deriving from the nature of subject matter to be patented.

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.

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.

This course will explore the contentious relationship between pharmaceutical patents and public health. The framework for discussion will be TRIPS a nd the various flexibilities inherent in it that potentially enable member countries to devise regimes that promote access to medicines. The various topics for discussion include: Incentivizing the creation of new drugs through patents; promoting affordable generics through exploiting TRIPS windows such as compulsory licensing; regulatory data protection and the interface between patents and drug regulation; and alternative innovation mechanisms for incentivizing the creation of new drugs such as patent prizes and advance purchase contracts. The discussions will also include real world examples such as the AIDS crisis in sub-saharan African, neglected/tropical diseases in developing countries, the Anthrax fear in the US and the bird flu pandemic threat. (Paper)

Sanctions and enforcement in IP law, with a special view to patent prosecution under German, European and U.S. law; policy and practice considerations in the enforcement of patents and other IP rights; survey of EU legislation on customs control and seizure, as compared to the situation in the U.S., and on pending EU legislation with respect to sanctions for IP infringement.

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

During this course problems of IP in start-ups will be discussed. Real examples of different complexity will be analyzed. Solutions for licensing as well as cost and valuation problems are presented.

The course is structured in two parts. The first part (Schlesinger) is aimed at providing an overview about 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 (for ex. 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.

In the age of the digital computer and the Internet, authors' rights are increasingly protected by technical measures such as encryption, flags, degradation schemes, watermarking, and so on. In this course, we will study those technologies and the law that protects and regulates them, including the U.S. Digital Millennium Copyright Act, the European Copyright Directive and national implementations of that Directive, the WIPO Copyright Treaty, and the WIPO Performance and Phonograms Treaty. We will also consider the impact of these technologies on traditional limitations on authors' rights such as fair use.

The course gives a general overview of investment protection through neighbouring rights in IP law (and partly beyond). More detailed discussion of selected topics will cover several case examples with a certain emphasis on the protection of new technologies, such as electronic databases. First, basic economic considerations underlying concepts of investment protection are outlined briefly. Secondly, the basic legal instruments to protect investments, i.e. inter alia unfair competition law, general civil law, and neighbouring rights in copyright law are presented including respective legal sources in international, regional and national law. European Database Protection will then serve as a main case example of a genuine investment protection right. The course will provide detailed knowledge on recent case law with regard to the interpretation of the European sui generis right for database makers and with regard to the interpretation of the national laws implementing the exclusive right. Chances and problems of this globally unique sui generis protection framework will be discussed in detail as well as necessary amendments and limitations to the new right. Further case studies will cover the protection of phonogram producers (also briefly touching upon the protection of performers) and broadcasting organizations as well as the ongoing discussions about the protection of sports events. Finally, certain limitations of investment protection, such as limitations following from competition law, will be outlined. A brief outlook to future prospects in the field, particularly in International and European law, completes the course.

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.

The copy - in modern terms, the fixed embodiment of a work of authorship - has always been central to the dissemination of knowledge and culture and to copyright law. Over the last two centuries, however, new technologies and patterns of enjoyment have radically changed the role of copies in our lives, and have also radically changed the impact of traditional legal rights to make and distribute copies. This class seeks to gain insight into the future of copyright law and of the dissemination of culture and information by considering major historical changes, as well as insights from economics, art theory, and media studies. Topics covered will include the development of mass reproduction; the introduction of copies that are only perceptible with the aid of machines; fixation of performances through audio and visual recording; digital performances that require incidental fixation; the application of the distribution right and the first sale doctrine to electronic dissemination; and proposals to redefine the exclusive rights granted to authors. (Examination)

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

While the debate still continues in the academy over whether a 'law of cyberspace' is truly needed, businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of control over the Internet, and will focus on questions of personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. (Short papers)

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, theft, digital contraband, online undercover operations, and international computer crime laws.

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.

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.

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.

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.

During this course problems of IP in start-ups will be discussed. Real examples of different complexity will be analyzed. Solutions for licensing as well as cost and valuation problems are presented.

The course gives a broad coverage of entrepreneurial issues in privately held companies, focusing on fast-growing high-tech ventures where firm value is highly dependent on intellectual property, with particular attention to start-up financing. The aim is to learn how private equity works in practice. It starts with an overview of the Private Equity and Venture Capital market in Europe and then focuses on the relationship between entrepreneurs and venture capital funds, the way in which private equity funds are structured and how investment performance is measured. It gives insight at the financial structure of a private equity investment, shows ways of adding value to it and deals with the question, which exit routes are best to choose. As a good business concept will only find backers if the concept is well articulated, a look at the business plan is part of the course. It will be explained why a business plan is necessary, how investors look at it, what they expect to find and the broad criteria on which the investment decision will be made.

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.

This course provides an overview of strategic and managerial issues and their implications for intellectual property management in the context of new firms. Topics include, but are not limited to: managerial decision making, opportunity recognition, product/market strategies, business planning, new venture internationalization, strategic alliances and networks, human resources, managerial emotions, corporate entrepreneurship, and failure management.

The course is structured in two parts. The first part (Schlesinger) is aimed at providing an overview about 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 (for ex. 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.

International trade in goods protected by copyright, patent or trademark law has become a matter of enormous economic significance. This course will address a number of the specialized issues raised by such transactions. Consideration will be given to various doctrines that regulate or prevent unauthorized importation of goods protected by intellectual property rights, such as those forbidding parallel importation or regulating trade in so-called 'grey goods' and those dealing with the first sale doctrine and exhaustion of intellectual property rights. We will focus as well on the economic and social policy considerations underlying those doctrines. The course will address issues that arise under all three major categories of intellectual property and review the response of the U.S., the E.U., and other legal systems to those issues. (Examination)

The Course in 'Drafting of License Contracts' will focus on practical aspects of the lawyer's task in the process of preparation and negotiation of transfer of technology agreements involving traditional technical inventions, software and biological innovations. Participants of the Course will analyze and practice, step by step, initial covenants such as letters intent, confidentiality and preliminary agreements and, finally, license agreements. While studying typical license clauses emphasis will be placed on the subject matter and territorial scope of the grant, terms of payment, non-competition clauses, and warranties. Due attention will be paid to the choice of law and choice of forum considerations. Participants will also analyze relevant judicial decisions in the leading E.U. jurisdictions and the United States.

Sanctions and enforcement in IP law, with a special view to patent prosecution under German, European and U.S. law; policy and practice considerations in the enforcement of patents and other IP rights; survey of EU legislation on customs control and seizure, as compared to the situation in the U.S., and on pending EU legislation with respect to sanctions for IP infringement.

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.

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

While the debate still continues in the academy over whether a 'law of cyberspace' is truly needed, businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of control over the Internet, and will focus on questions of personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. (Short papers)

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.

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.

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, with an emphasis on patent law. Additional topics will include the Court’s rules and procedures, how to brief and argue a case, some of the most pressing issues currently before the Court, a comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts, and the patent reform initiatives currently being debated in the United States.

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, theft, digital contraband, online undercover operations, and international computer crime laws.

Arbitration law and strategy, including international conventions controlling recognition and enforcement of arbitration awards; mediation and other forms of ADR, including online dispute resolution in domain name conflicts (UDRP).

This is an inter-active session in which students argue both sides of a jurisdictional dispute in the context of a mock arbitration. The hypothetical problem involves an invention patented in both the United States and Germany. The alleged infringer in Germany challenges the validity of the patent. At issue is whether an arbitrator has the authority to resolve the dispute under an arbitration clause contained in the parties' Distribution and Licensing Agreement. The session challenges the students in many respects, as they must deal with a thorny conflict of laws issue and also rely on their skills in interpreting and applying a treaty, various national laws, and WIPO arbitration rules. The session also allows the students to put to use and develop their oral advocacy skills.

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.

The course gives a general overview of investment protection through neighbouring rights in IP law (and partly beyond). More detailed discussion of selected topics will cover several case examples with a certain emphasis on the protection of new technologies, such as electronic databases. First, basic economic considerations underlying concepts of investment protection are outlined briefly. Secondly, the basic legal instruments to protect investments, i.e. inter alia unfair competition law, general civil law, and neighbouring rights in copyright law are presented including respective legal sources in international, regional and national law. European Database Protection will then serve as a main case example of a genuine investment protection right. The course will provide detailed knowledge on recent case law with regard to the interpretation of the European sui generis right for database makers and with regard to the interpretation of the national laws implementing the exclusive right. Chances and problems of this globally unique sui generis protection framework will be discussed in detail as well as necessary amendments and limitations to the new right. Further case studies will cover the protection of phonogram producers (also briefly touching upon the protection of performers) and broadcasting organizations as well as the ongoing discussions about the protection of sports events. Finally, certain limitations of investment protection, such as limitations following from competition law, will be outlined. A brief outlook to future prospects in the field, particularly in International and European law, completes the course.

The copy - in modern terms, the fixed embodiment of a work of authorship - has always been central to the dissemination of knowledge and culture and to copyright law. Over the last two centuries, however, new technologies and patterns of enjoyment have radically changed the role of copies in our lives, and have also radically changed the impact of traditional legal rights to make and distribute copies. This class seeks to gain insight into the future of copyright law and of the dissemination of culture and information by considering major historical changes, as well as insights from economics, art theory, and media studies. Topics covered will include the development of mass reproduction; the introduction of copies that are only perceptible with the aid of machines; fixation of performances through audio and visual recording; digital performances that require incidental fixation; the application of the distribution right and the first sale doctrine to electronic dissemination; and proposals to redefine the exclusive rights granted to authors. (Examination)

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

While the debate still continues in the academy over whether a 'law of cyberspace' is truly needed, businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of control over the Internet, and will focus on questions of personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. (Short papers)

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.

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, theft, digital contraband, online undercover operations, and international computer crime laws.

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.

European and international patent law, including biotech patent law and information processing patent law, applied to practical cases, including discussion of recent decisions; discussion of pan-European patent litigation strategies; characteristics of various European patent litigation jurisdictions; patent granting procedure before the EPO; claim drafting practice; and discussion of special problems, such as those deriving from the nature of subject matter to be patented.

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.

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.

This course will explore the contentious relationship between pharmaceutical patents and public health. The framework for discussion will be TRIPS a nd the various flexibilities inherent in it that potentially enable member countries to devise regimes that promote access to medicines. The various topics for discussion include: Incentivizing the creation of new drugs through patents; promoting affordable generics through exploiting TRIPS windows such as compulsory licensing; regulatory data protection and the interface between patents and drug regulation; and alternative innovation mechanisms for incentivizing the creation of new drugs such as patent prizes and advance purchase contracts. The discussions will also include real world examples such as the AIDS crisis in sub-saharan African, neglected/tropical diseases in developing countries, the Anthrax fear in the US and the bird flu pandemic threat. (Paper)

The course is structured in two parts. The first part (Schlesinger) is aimed at providing an overview about 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 (for ex. 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.

In the age of the digital computer and the Internet, authors' rights are increasingly protected by technical measures such as encryption, flags, degradation schemes, watermarking, and so on. In this course, we will study those technologies and the law that protects and regulates them, including the U.S. Digital Millennium Copyright Act, the European Copyright Directive and national implementations of that Directive, the WIPO Copyright Treaty, and the WIPO Performance and Phonograms Treaty. We will also consider the impact of these technologies on traditional limitations on authors' rights such as fair use.

The course gives a general overview of investment protection through neighbouring rights in IP law (and partly beyond). More detailed discussion of selected topics will cover several case examples with a certain emphasis on the protection of new technologies, such as electronic databases. First, basic economic considerations underlying concepts of investment protection are outlined briefly. Secondly, the basic legal instruments to protect investments, i.e. inter alia unfair competition law, general civil law, and neighbouring rights in copyright law are presented including respective legal sources in international, regional and national law. European Database Protection will then serve as a main case example of a genuine investment protection right. The course will provide detailed knowledge on recent case law with regard to the interpretation of the European sui generis right for database makers and with regard to the interpretation of the national laws implementing the exclusive right. Chances and problems of this globally unique sui generis protection framework will be discussed in detail as well as necessary amendments and limitations to the new right. Further case studies will cover the protection of phonogram producers (also briefly touching upon the protection of performers) and broadcasting organizations as well as the ongoing discussions about the protection of sports events. Finally, certain limitations of investment protection, such as limitations following from competition law, will be outlined. A brief outlook to future prospects in the field, particularly in International and European law, completes the course.

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.

The copy - in modern terms, the fixed embodiment of a work of authorship - has always been central to the dissemination of knowledge and culture and to copyright law. Over the last two centuries, however, new technologies and patterns of enjoyment have radically changed the role of copies in our lives, and have also radically changed the impact of traditional legal rights to make and distribute copies. This class seeks to gain insight into the future of copyright law and of the dissemination of culture and information by considering major historical changes, as well as insights from economics, art theory, and media studies. Topics covered will include the development of mass reproduction; the introduction of copies that are only perceptible with the aid of machines; fixation of performances through audio and visual recording; digital performances that require incidental fixation; the application of the distribution right and the first sale doctrine to electronic dissemination; and proposals to redefine the exclusive rights granted to authors. (Examination)

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.

The seminar deals with the interface of intellectual property and competition law. On the one hand the seminar addresses the application of competition laws to IP by referring to cases mostly from U.S. and EU courts. Here, a particular focus will be put on licensing practices, refusal to deal and standardisation issues. On the other hand the seminar will also discuss IP regimes and their impact on competition with the objective of providing a better understanding of the competition-dimension of IP rights. This impact can be discussed with regard to many issues of patent law, e.g. trade mark protection for three-dimensional marks or colours, design protection for spare parts or protection of technical protection measures under copyright law. Students will be requested to present specific topics in class by using PowerPoint. The grades will be given for this presentation. The topics will be allocated to the students at the end of the first semester. The student presentations will be spread during the whole of the second semester.

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 I) it seems necessary to describe the different legal background of Unfair Competition Law in the Member States of the EC. Here you 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.

International trade in goods protected by copyright, patent or trademark law has become a matter of enormous economic significance. This course will address a number of the specialized issues raised by such transactions. Consideration will be given to various doctrines that regulate or prevent unauthorized importation of goods protected by intellectual property rights, such as those forbidding parallel importation or regulating trade in so-called 'grey goods' and those dealing with the first sale doctrine and exhaustion of intellectual property rights. We will focus as well on the economic and social policy considerations underlying those doctrines. The course will address issues that arise under all three major categories of intellectual property and review the response of the U.S., the E.U., and other legal systems to those issues. (Examination)

The Course in 'Drafting of License Contracts' will focus on practical aspects of the lawyer's task in the process of preparation and negotiation of transfer of technology agreements involving traditional technical inventions, software and biological innovations. Participants of the Course will analyze and practice, step by step, initial covenants such as letters intent, confidentiality and preliminary agreements and, finally, license agreements. While studying typical license clauses emphasis will be placed on the subject matter and territorial scope of the grant, terms of payment, non-competition clauses, and warranties. Due attention will be paid to the choice of law and choice of forum considerations. Participants will also analyze relevant judicial decisions in the leading E.U. jurisdictions and the United States.

Sanctions and enforcement in IP law, with a special view to patent prosecution under German, European and U.S. law; policy and practice considerations in the enforcement of patents and other IP rights; survey of EU legislation on customs control and seizure, as compared to the situation in the U.S., and on pending EU legislation with respect to sanctions for IP infringement.

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.

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

While the debate still continues in the academy over whether a 'law of cyberspace' is truly needed, businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of control over the Internet, and will focus on questions of personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. (Short papers)

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.

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.

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)

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.

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.

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.

During this course problems of IP in start-ups will be discussed. Real examples of different complexity will be analyzed. Solutions for licensing as well as cost and valuation problems are presented.

This course provides an overview of strategic and managerial issues and their implications for intellectual property management in the context of new firms. Topics include, but are not limited to: managerial decision making, opportunity recognition, product/market strategies, business planning, new venture internationalization, strategic alliances and networks, human resources, managerial emotions, corporate entrepreneurship, and failure management.

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, with an emphasis on patent law. Additional topics will include the Court’s rules and procedures, how to brief and argue a case, some of the most pressing issues currently before the Court, a comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts, and the patent reform initiatives currently being debated in the United States.

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.

Selected themes in the history and theory of intellectual property, including economic rationales for intellectual property rights, the debate over the limits to intellectual property protection from the 18th through the 20th centuries, and historical accounts of the intellectual property system. (Writing assignment)

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, theft, digital contraband, online undercover operations, and international computer crime laws.

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.

Arbitration law and strategy, including international conventions controlling recognition and enforcement of arbitration awards; mediation and other forms of ADR, including online dispute resolution in domain name conflicts (UDRP).

This is an inter-active session in which students argue both sides of a jurisdictional dispute in the context of a mock arbitration. The hypothetical problem involves an invention patented in both the United States and Germany. The alleged infringer in Germany challenges the validity of the patent. At issue is whether an arbitrator has the authority to resolve the dispute under an arbitration clause contained in the parties' Distribution and Licensing Agreement. The session challenges the students in many respects, as they must deal with a thorny conflict of laws issue and also rely on their skills in interpreting and applying a treaty, various national laws, and WIPO arbitration rules. The session also allows the students to put to use and develop their oral advocacy skills.

European and international patent law, including biotech patent law and information processing patent law, applied to practical cases, including discussion of recent decisions; discussion of pan-European patent litigation strategies; characteristics of various European patent litigation jurisdictions; patent granting procedure before the EPO; claim drafting practice; and discussion of special problems, such as those deriving from the nature of subject matter to be patented.

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.

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.

This course will explore the contentious relationship between pharmaceutical patents and public health. The framework for discussion will be TRIPS a nd the various flexibilities inherent in it that potentially enable member countries to devise regimes that promote access to medicines. The various topics for discussion include: Incentivizing the creation of new drugs through patents; promoting affordable generics through exploiting TRIPS windows such as compulsory licensing; regulatory data protection and the interface between patents and drug regulation; and alternative innovation mechanisms for incentivizing the creation of new drugs such as patent prizes and advance purchase contracts. The discussions will also include real world examples such as the AIDS crisis in sub-saharan African, neglected/tropical diseases in developing countries, the Anthrax fear in the US and the bird flu pandemic threat. (Paper)

The course is structured in two parts. The first part (Schlesinger) is aimed at providing an overview about 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 (for ex. 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.

In the age of the digital computer and the Internet, authors' rights are increasingly protected by technical measures such as encryption, flags, degradation schemes, watermarking, and so on. In this course, we will study those technologies and the law that protects and regulates them, including the U.S. Digital Millennium Copyright Act, the European Copyright Directive and national implementations of that Directive, the WIPO Copyright Treaty, and the WIPO Performance and Phonograms Treaty. We will also consider the impact of these technologies on traditional limitations on authors' rights such as fair use.

The course gives a general overview of investment protection through neighbouring rights in IP law (and partly beyond). More detailed discussion of selected topics will cover several case examples with a certain emphasis on the protection of new technologies, such as electronic databases. First, basic economic considerations underlying concepts of investment protection are outlined briefly. Secondly, the basic legal instruments to protect investments, i.e. inter alia unfair competition law, general civil law, and neighbouring rights in copyright law are presented including respective legal sources in international, regional and national law. European Database Protection will then serve as a main case example of a genuine investment protection right. The course will provide detailed knowledge on recent case law with regard to the interpretation of the European sui generis right for database makers and with regard to the interpretation of the national laws implementing the exclusive right. Chances and problems of this globally unique sui generis protection framework will be discussed in detail as well as necessary amendments and limitations to the new right. Further case studies will cover the protection of phonogram producers (also briefly touching upon the protection of performers) and broadcasting organizations as well as the ongoing discussions about the protection of sports events. Finally, certain limitations of investment protection, such as limitations following from competition law, will be outlined. A brief outlook to future prospects in the field, particularly in International and European law, completes the course.

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.

The copy - in modern terms, the fixed embodiment of a work of authorship - has always been central to the dissemination of knowledge and culture and to copyright law. Over the last two centuries, however, new technologies and patterns of enjoyment have radically changed the role of copies in our lives, and have also radically changed the impact of traditional legal rights to make and distribute copies. This class seeks to gain insight into the future of copyright law and of the dissemination of culture and information by considering major historical changes, as well as insights from economics, art theory, and media studies. Topics covered will include the development of mass reproduction; the introduction of copies that are only perceptible with the aid of machines; fixation of performances through audio and visual recording; digital performances that require incidental fixation; the application of the distribution right and the first sale doctrine to electronic dissemination; and proposals to redefine the exclusive rights granted to authors. (Examination)

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.

The seminar deals with the interface of intellectual property and competition law. On the one hand the seminar addresses the application of competition laws to IP by referring to cases mostly from U.S. and EU courts. Here, a particular focus will be put on licensing practices, refusal to deal and standardisation issues. On the other hand the seminar will also discuss IP regimes and their impact on competition with the objective of providing a better understanding of the competition-dimension of IP rights. This impact can be discussed with regard to many issues of patent law, e.g. trade mark protection for three-dimensional marks or colours, design protection for spare parts or protection of technical protection measures under copyright law. Students will be requested to present specific topics in class by using PowerPoint. The grades will be given for this presentation. The topics will be allocated to the students at the end of the first semester. The student presentations will be spread during the whole of the second semester.

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 I) it seems necessary to describe the different legal background of Unfair Competition Law in the Member States of the EC. Here you 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.

International trade in goods protected by copyright, patent or trademark law has become a matter of enormous economic significance. This course will address a number of the specialized issues raised by such transactions. Consideration will be given to various doctrines that regulate or prevent unauthorized importation of goods protected by intellectual property rights, such as those forbidding parallel importation or regulating trade in so-called 'grey goods' and those dealing with the first sale doctrine and exhaustion of intellectual property rights. We will focus as well on the economic and social policy considerations underlying those doctrines. The course will address issues that arise under all three major categories of intellectual property and review the response of the U.S., the E.U., and other legal systems to those issues. (Examination)

The Course in 'Drafting of License Contracts' will focus on practical aspects of the lawyer's task in the process of preparation and negotiation of transfer of technology agreements involving traditional technical inventions, software and biological innovations. Participants of the Course will analyze and practice, step by step, initial covenants such as letters intent, confidentiality and preliminary agreements and, finally, license agreements. While studying typical license clauses emphasis will be placed on the subject matter and territorial scope of the grant, terms of payment, non-competition clauses, and warranties. Due attention will be paid to the choice of law and choice of forum considerations. Participants will also analyze relevant judicial decisions in the leading E.U. jurisdictions and the United States.

Sanctions and enforcement in IP law, with a special view to patent prosecution under German, European and U.S. law; policy and practice considerations in the enforcement of patents and other IP rights; survey of EU legislation on customs control and seizure, as compared to the situation in the U.S., and on pending EU legislation with respect to sanctions for IP infringement.

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.

Intellectual property rights in software: comparative analysis of copyright protection for computer programs and patent protection for computer implemented inventions under U.S. and European law, including discussion of public policy issues such as open source code vs. proprietary systems; specific problems in software contracts; acquisition of rights in programs developed in an employer/employee relationship or in larger teams; regulation of e-commerce in the EU.

While the debate still continues in the academy over whether a 'law of cyberspace' is truly needed, businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of control over the Internet, and will focus on questions of personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. (Short papers)

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.

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.

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)

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.

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.

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.

During this course problems of IP in start-ups will be discussed. Real examples of different complexity will be analyzed. Solutions for licensing as well as cost and valuation problems are presented.

The course gives a broad coverage of entrepreneurial issues in privately held companies, focusing on fast-growing high-tech ventures where firm value is highly dependent on intellectual property, with particular attention to start-up financing. The aim is to learn how private equity works in practice. It starts with an overview of the Private Equity and Venture Capital market in Europe and then focuses on the relationship between entrepreneurs and venture capital funds, the way in which private equity funds are structured and how investment performance is measured. It gives insight at the financial structure of a private equity investment, shows ways of adding value to it and deals with the question, which exit routes are best to choose. As a good business concept will only find backers if the concept is well articulated, a look at the business plan is part of the course. It will be explained why a business plan is necessary, how investors look at it, what they expect to find and the broad criteria on which the investment decision will be made.

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.

This course provides an overview of strategic and managerial issues and their implications for intellectual property management in the context of new firms. Topics include, but are not limited to: managerial decision making, opportunity recognition, product/market strategies, business planning, new venture internationalization, strategic alliances and networks, human resources, managerial emotions, corporate entrepreneurship, and failure management.

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, with an emphasis on patent law. Additional topics will include the Court’s rules and procedures, how to brief and argue a case, some of the most pressing issues currently before the Court, a comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts, and the patent reform initiatives currently being debated in the United States.

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.

Selected themes in the history and theory of intellectual property, including economic rationales for intellectual property rights, the debate over the limits to intellectual property protection from the 18th through the 20th centuries, and historical accounts of the intellectual property system. (Writing assignment)

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, theft, digital contraband, online undercover operations, and international computer crime laws.

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.

Arbitration law and strategy, including international conventions controlling recognition and enforcement of arbitration awards; mediation and other forms of ADR, including online dispute resolution in domain name conflicts (UDRP).

This is an inter-active session in which students argue both sides of a jurisdictional dispute in the context of a mock arbitration. The hypothetical problem involves an invention patented in both the United States and Germany. The alleged infringer in Germany challenges the validity of the patent. At issue is whether an arbitrator has the authority to resolve the dispute under an arbitration clause contained in the parties' Distribution and Licensing Agreement. The session challenges the students in many respects, as they must deal with a thorny conflict of laws issue and also rely on their skills in interpreting and applying a treaty, various national laws, and WIPO arbitration rules. The session also allows the students to put to use and develop their oral advocacy skills.