THIS SECTION FOR JD AND LLM STUDENTS ONLY. MSPL STUDENTS MAY ENROLL IN #5707.
Intellectual property rights have been described as a “sword and shield.” Rights holders are thought to act offensively by suing or threatening to sue infringers and seeking money damages,irrespective of the holders’ marketing and product sales programs. Or they act defensively to protect their current or future market positions by having federal courts enjoin competitors. This course considers a third way: intellectual property rights are also valuable intangible assets that may be bought and sold. In this course, we will explore the principal theories and practices of intellectual property transactions. We will be considering closely the doctrines regulating the assigning and licensing of patent, copyright, trademark and other intellectual property rights, and we will be questioning critically whether these laws and practices encourage or inhibit commercial activity and innovation. While studying specific transactions in the course, we will be examining the practical uses of intellectual property law to meet commercial objectives.