Elective Courses
Within the framework of various elective modules, the following courses are offered:
(CH = credit hours, cp = credit points)
Winter Term
Computers and the Law (651-0; 2 CH, 3 cp)
(Dreier, Lehmann, Nack)
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.
Entrepreneurship (824-0; 1 CH, 1.5 cp)
(Bassen, Poech)
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.
Innovation Policy (813-0; 1 CH, 1.5 cp)
(Harhoff, von Graevenitz)
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.
International Trade and Patent Law (211-0; 1 CH, 1.5 cp)
(Lee)
Managerial Finance (825-0; 1 CH, 1.5 cp)
(Kaserer)
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.
Patent and Trademark Enforcement (641-0; 2 CH, 3 cp)
(Kieff, Kroher, Pagenberg)
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.
Protection of Databases and other Neighboring Rights Protecting Investments (352-0; 0.5 CH, 0.75 cp)
(Leistner)
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.
Taxation of IP (1 CH, 1.5 cp)
(Schön) (not offered in 2009/10)
Domestic and international aspects of intellectual property taxation; tax treatment of royalties and artistic or scientific services; EC developments.
Theoretical and Economic Foundations of Intellectual Property (812-0; 1 CH, 1.5 cp)
(Duffy)
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.
Summer Term
Arbitration (981-0; 1 CH, 1.5 cp)
(Barceló, Wilbers)
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).
Enforcement of Copyright (341-0; 1 CH, 1.5 cp)
(Schlesinger, Strowel)
The course is structured in two parts, one of which is going to be held in Washington at GWU and transmitted via videoconference to the MIPLC, the other being held in Munich at the MIPLC. 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.
Entertainment Law (371-0; 1 CH, 1.5 cp)
(Dougherty, Loewenheim)
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.
Intangible Assets Valuation (821-0; 1 CH, 1.5 cp)
(Hoisl)
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.
Intellectual Property and Competition Law (Seminar) (511-0; 2 CH, 3.0 cp)
(Drexl)
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.
Intellectual Property within the Global Legal Order (912-0; 1.5 CP, 1 CH)
(Große Ruse - Khan)
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.
Licence Contract Drafting (631-0; 1 CH, 1.5 cp)
(Sołtysiński)
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.
Oral Advocacy (642-0; 1.5 CP, 1 CH)
(Ann, Nack)
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.
Pharmaceuticals and IP (262-0; 1 CH, 1.5 cp)
(Gassner, Hammann, Kieff)
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.
Practical Training in European Patent Law (241-0; 1 CH, 1.5 cp)
(Heselberger, von Meibom)
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.
Practical Training in Trademark Law (441-0; 1 CH, 1.5 cp)
(von Bomhard, Hines)
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.
Privacy, Publicity and Personality (741-0; 1 CH, 1.5 cp)
(Ohly)
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.
Protection of Biotechnological Inventions (261-0; 1 CH, 1.5 cp)
(Straus, Kieff)
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.
Science, Patents, and Start-ups (823-0; 1 CH, 1.5 cp)
(Hertel)
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.
Strategic Management and IP in New Firms (822-0; 1 CH, 1.5 cp)
(Patzelt)
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 managerial decision making, product/market strategies, early internationalization, strategic alliances and networks, human resources, and failure management. The interactive course combines lectures, case studies, and discussions.
Unfair Competition II (541-0; 1 CH, 1.5 cp)
(Möllers)
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.
GWU Summer School
Each year, The George Washington University Law School offers a Munich Intellectual Property Law Summer Program which takes place at MIPLC. The majority of the ABA-approved courses are open for enrollment by MIPLC students and are integrated into the LL.M. IP program.
Arbitration Simulation (982-0; 1 CH, 1.5 cp)
(Karamanian)
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.
Computer Crime (1 CH, 1.5 cp)
(Kerr)
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.
Cross-Border Trade in IP (621-0; 1 CH, 1.5 cp)
(Burk)
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.
The Federal Circuit (911-0; 1 CH, 1.5 cp)
(Whealan)
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.
Internet Law I (652-0; 1 CH, 1.5 cp)
(Carroll)
While the debate still continues in the academy over whether a "law of cyberspace" is truly needed, courts and legislatures are forging ahead in defining this ever-changing space. This course will focus primarily on issues concerning speech on the Internet, including governmental attempts to control or filter speech; intermediary liability for third-party speech; digital rights management and other copyright issues; and domain names as speech; as well as a consideration of the rules and institutions that permit or disallow governance of these issues.
Internet Law II
(not offered in 2009/10)
Electronic commerce issues, including further exploration of copyright and trademark issues (such as framing, linking, and metatags); privacy rights and the database debates; trespass and related theories of property rights; and contracting on the Internet. Consideration will also be given to computer crimes and to governmental attempts to regulate cyberspace like other "places", such as through zoning and accessibility laws.
IP and Indigenous Heritage (781-0; 1 CH, 1.5 cp)
(von Lewinski)
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 demanded that protection be established to enable them to control the use of these achievements, to share in the benefits, 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.
Technical Protection of Authors' Rights (351-0; 1 CH, 1.5 cp)
(Damich)
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 author's rights such as fair use.
TRIPS, Patents and Public Health (263-0; 1 CH, 1.5 cp)
(Dolin)
This course will explore the contentious relationship between pharmaceutical patents and public health. The framework for discussion will be TRIPS and 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 more recently, the bird flu pandemic threat.