Course Syllabus

JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 368"
COURSE NAME: "Intellectual Property Theory and Law"
SEMESTER & YEAR: Summer Session I 2024

SYLLABUS

INSTRUCTOR: Michael Grace
EMAIL: [email protected]
HOURS: MTWTH 1:30 PM 3:20 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS:

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.

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:

Assignment	Guidelines	Weight
Midterm Examination Essay	Short-answer questions based on the readings and class discussions.	30
Class Participation	Taking part in class discussion and short answer essays on the readings	20

Moot Court Advocacy	In 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 such as artificial intelligence. This part of the class is the one that students enjoy most!	10
Final Examination	Essay questions based on the readings and class discussions.	40

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course.
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
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:

THIS IS A FAST-PACED COURSE, AND ATTENDANCE IS ESSENTIAL FOR SUCCESS. ATTENDANCE MEANS HAVING READ THE ASSIGNED READING IN ADVANCE WITH CARE AND BRINGING YOUR QUESTIONS TO CLASS.

ATTENDANCE REQUIREMENTS AND EXAMINATION POLICY
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 final exam period runs until June 21, 2024.

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

SCHEDULE OF CLASS MEETINGS

May 2024

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

Course Introduction. How to read texts of philosophy and law. Questions that we should ask Plato, Aristotle, Aquinas, Hobbes and Locke about intellectual property. Introduction to Book I of Plato’s Republic

21: Republic, Book V on Justice

22: Republic, Book V on Property

23: Politics, Book 1; Book 2, Chapters 1-7

27: Politics, Book 7, Chapters 9-10

28: Summa, Questions 63-65; 66 and 62

29: Leviathan, Of Commonwealth (excerpts)

30: Second Treatise on Government, Chapters 1-5

June 2024

3: Second Treatise, Chapter 9; U.S. Declaration of Independence and the Preamble to the U.S. Constitution; Constitutional Foundations of Intellectual Property Rights; review of material for the midterm essays

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

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

6: Trade secrets: The Uniform Trade Secrets Act; common law and statutory protection; criminal statutes; industrial espionage; international enforcement issues

10: How to read a patent. What are the elements of a patent? Analysis of selected landmark patent cases.

11: The European Patent; International Treaties on Patent Protection

12: Trademarks: The U.S. Lanham Act. Review and discuss landmark trademark cases. European trademark protection; the International Treaties on Trademark Protection (the Madrid Agreement)

13: Copyrights: literary works, sound recordings, visual images, motion pictures, software, architectural works, websites, databases; landmark copyright cases; International Treaties on Copyright Protection (Paris and Berne)

17: Challenging Issues in Intellectual Property: Identity, Open Source Software, Fair Use, Artificial Intelligence

18: Artificial Intelligence Case Study; How to prepare for appellate oral argument; breakout practice sessions

19: Moot Supreme Court Oral Argument: Who Owns the Output of Artificial Intelligence?

20: Review session for the comprehensive final examination

21: Final Examination: Six essay questions (two hours)