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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 368"
COURSE NAME: "Intellectual Property Theory and Law"
SEMESTER & YEAR: Summer Session II 2023
SYLLABUS

INSTRUCTOR: Michael Grace
EMAIL: [email protected]
 HOURS: MTWTH 11:10 AM 1:00 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: After class and by appointment
COURSE DESCRIPTION:
This course examines key concepts of intellectual property rights and their philosophical foundations. Students will explore different theories of property as put forward by Plato, Aristotle, Aquinas, Hobbes, and Locke, and interpret US, UK, and EU judicial opinions on patent, copyright, trademark, and trade secret rights.
SUMMARY OF COURSE CONTENT:

Classes will consist of a mixture of lectures and question-and-answer discussions based on a close reading of original texts, legal opinions, and transactional documents.  It is essential that students come prepared for class by having read and carefully considered the assigned readings in advance.

 
LEARNING OUTCOMES:

By the end of the course, students will understand the philosophical underpinnings of “property” and apply basic concepts of intellectual property law to problems involving modern technologies.  The student will also acquire facility in oral argument in class and in a formal moot court setting.

 
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Midterm ExaminationEssay questions based on the readings and class discussions. One hour long.30
Class ParticipationTaking part in class discussion and answering questions on the readings make the course stimulating and enjoyable.20
Moot Court AdvocacyIn the presence of a faculty panel of "Supreme Court Justices," you will be a part of a team of advocates addressing one side of a major intellectual property issue. This assignment is the one that students enjoy most.10
Final ExaminationEssay questions based on the readings and class discussion. Two hours long.40

-ASSESSMENT CRITERIA:
ADirectly addresses the question or problem raised and argues coherently for a position; displays familiarity with relevant information and analyzes cogently. Careful critical analysis and original thought are expected.
BHighly competent performance that directly addresses the question or problem raised and solid analysis that does more than repeat class discussions. No major errors or omissions.
CAcceptable performance that addresses the question or problem raised with clear but limited answers based on information offered in the lectures and class readings.
DInadequate performance that lacks completeness or coherence; the bare minimum.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.
-ATTENDANCE REQUIREMENTS:
ATTENDANCE REQUIREMENTS AND EXAMINATION POLICY

Attendance is essential.  Students should read the assigned texts carefully in advance and be prepared to answer questions about them in class and to listen with critical attention to each other. 

You cannot make-up a major exam (midterm or final) without the permission of the Dean’s Office. The Dean’s Office will grant such permission only when the absence was caused by a serious impediment, such as a documented illness, hospitalization or death in the immediate family (in which you must attend the funeral) or other situations of similar gravity. Absences due to other meaningful conflicts, such as job interviews, family celebrations, travel difficulties, student misunderstandings or personal convenience, will not be excused. Students who will be absent from a major exam must notify the Dean’s Office prior to that exam. Absences from class due to the observance of a religious holiday will normally be excused. Individual students who will have to miss class to observe a religious holiday should notify the instructor by the end of the Add/Drop period to make prior arrangements for making up any work that will be missed.  The midterm exam is on July 17th; the final exam is on August 4th. 
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.
SCHEDULE

All Readings will be distributed electronically or made available online prior to the start of the course.

 

July 2023

 

First Assignment prior to the First Class:  Read Book I of Plato’s Republic (under 40 pages) carefully.

 

3:   Course Introduction.  How to read texts of philosophy and law.  Types of questions that we should ask Plato, Aristotle, Aquinas, Hobbes and Locke this summer.  Dissecting Book I of Plato’s Republic.  

4:   NO CLASS.  Assignment: Read the U.S. Declaration of Independence and the Preamble to the U.S. Constitution as part of your celebration.  What does the “pursuit of happiness” mean?  How are the ends listed in the Preamble related to property?

5:   Discussion of property in the founding documents; Introduction to Republic, Book V on Property.

6:   Book V, Plato’s Republic.

7:   Politics, Book 1; Book 2, Chapters 1-7; and Book 7, Chapters 9-10. 

10: Summa, Questions 63-65; 66 and 62; Leviathan: Of Man (excerpts).

11: Leviathan, Of Commonwealth (excerpts).

12: Second Treatise on Government, Chapters 1-5.

13: Second Treatise, Chapter 9; U.S. Constitutional Foundations of Intellectual Property Rights.

17: Midterm Examination:  Four essay questions, one hour.  In the second hour:  How to read a legal opinion; defining and distinguishing between Trade Secrets and Patents, Trademarks and Copyrights.

18: Evening Library Session (tentative): Introduction to Online Legal Research, followed by dinner together at a local pizzeria.  This session is optional but very useful for legal research.

19: Trade secrets:  Uniform Trade Secrets Act; common law and statutory protection; criminal statutes; industrial espionage.  Special problems in protecting against industrial espionage; international enforcement issues.

20: How to read a patent.  What’s in a patent?  What’s a patent troll?  Analysis of selected landmark patent cases.

24: The European Patent.  International Treaties on Patent Protection.

25: Trademarks:  The U.S. Lanham Act.  Review and discuss landmark trademark cases.  European trademark protection; the Madrid Agreement Concerning the International Registration of Marks (as amended on September 28, 1979); Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as amended on November 12, 2007); Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as in force on February 1, 2023); Administrative Instructions for the Application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as in force on February 1, 2023).

26: Copyright issues for particular works:  literary works, sound recordings, visual images, motion pictures, software, architectural works, websites, databases.

27: Copyrights: Discuss landmark copyright cases; the Berne Convention.

31: Contemporary Issues in Intellectual Property: Identity in the Internet Age, Open Source Software, Fair Use, Mixing, and Academic Freedom.

 

August 2023

1: What’s Wrong with IP Law Today?  Unresolved policy issues: Individual Property Rights and the Common Good; International Cooperation and Protection; grappling with artificial intelligence and other new technologies.  Second half of class:  How to prepare for appellate oral argument; breakout practice sessions.

2: Moot Supreme Court Oral Argument:  ”Is Life Patentable?”  Followed by celebratory pizza lunch together at Dar Poeta (the best pizza place in Trastevere!).

3. Review session for the final examination.

4: Final Examination:  Six essay questions (two hours).