The Law of Intellectual Property

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M students in the research and writing skills necessary to write a major legal research paper. LAW P Intellectual Property Theory Seminar 3 Seminar introduces students to the history and philosophy of intellectual property theories, justifications, and critiques.

Business-focused legal analysis and insight in the most significant jurisdictions worldwide

Students will write and present a substantial research paper. Explores the boundaries of copyright protection and how copyright law relates to other intellectual property laws.

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Drawing principles from trademark, unfair competition, copyright, and privacy law, the Right of Publicity must respect the First Amendment's guarantee of free expression while protecting the commercial interest of individuals in protecting against unauthorized commercial use of their names, likenesses, and personalities. Students work under the guidance of experienced practitioners; both student and field supervisor provide the supervising law faculty member with a final written evaluation. LAW P Entertainment Law 3 A primer on the various forms of legal protection trade secrets, copyright, trademarks, publicity law, and licensing that form the bases for various types of entertainment.


Considers key industries: books, music, movies, television, internet, and computer games. Prerequisite: LAW P or permission of the instructor.

LAW P Music Law and Policy 3 Covers the broad range of legal issues at play in the music ecosystem - broadly construed as the chain of composition, performance, recording, distribution, and playback. LAW P Law, Technology, and Development Snyder, Winn Provides an overview of selected principles and theories of development economies, and considers the implications of technological innovation, intellectual property rights, government regulation, trade policy, and technical standards for the achievement of development objectives.

Mass media coverage of current developments enriches class discussions. LAW P Advanced Patent Law 3 Studies public policy and practice considerations relating to patenting research results in high technology. Examines the most up-to-date issues in legal protection of technology from the comparative law perspective.

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Instructors: Taylor Offered: W. LAW P Advanced Trademark Law 3 Covers advanced procedural and substantive topics of trademark law including protection of trade dress, online trademark infringement, and global trademark protection including gray market issues. Students write and present a research paper on a topic related to trademark law and policy. LAW P Legal Protection for Computer Software 3 Addresses copyright, patent, trademark, trade dress, trade secret, and contract protection for software.

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Also addresses how the law places boundaries around legal protection through anti-trust law and the doctrines of fair use and preemption. Proceeds through a litigation in the order that parties normally would. Teaches substantive legal issues in conjunction with procedural and strategic considerations. LAW P Patent Prosecution 4 Addresses fundamentals of patent application drafting, through a combination of lectures and assignments.

Addresses all aspects of proceedings before the U.

Patent and Trademark Office, including preparing new applications, and examiner interviews. Practicing patent attorneys guide the students on the mechanics of patent prosecution. According to Article 9, patent rights will be granted to the first applicant if two or more applicants apply for a patent for the same invention separately.

Once the patent is granted for an invention-creation, no unit or individual can exploit the patent without permission of the patentee. China has no patent opposition procedure. Any entity can challenge the validity of a granted patent by filing an invalidation application with sufficient evidence to the Patent Review Board. A patent application takes three to five years on average for invention patents, while the duration for utility model and design patents is one year.

Foreign businesses without a regular residence or business site in China are obligated to appoint a patent agency to act as its agent. A patent granted for inventions is valid for 20 years while the term for utility models or designs is 10 years.

What is Intellectual Property?

Like the registration procedure for patent rights, the ownership of a trademark is determined on a first-to-file basis. According to Article 18 of the Trademark Law, foreign businesses must appoint Chinese trademark agencies for their trademark registration. Foreign companies, including Apple, Tesla, and New Balance , have filed trademark disputes with Chinese domestic companies accordingly. The procedure generally takes about 14 to 18 months. Within three months from the date of publication, any person can file an opposition against the trademark.

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A trademark in China is valid for 10 years and renewal of registration must be filed within 12 months before the date of expiration. However, by getting an issued copyright certificate, the owner can easily prove their right during a copyright dispute and benefit from a tax deduction for instance, in the case of developing computer software. CNAC is responsible for nationwide copyright registration, including in provinces, autonomous regions, and municipalities. According to Article 9 of the Anti-Unfair Competition Law, the law defines a trade secret as any technical information or business operation information, which is unknown to the public, has commercial values, and about which the owner has taken secret-keeping measures.

Foreign businesses may claim damages and seek compensation due to infringement of trade secrets through the courts. However, the procedure can pose a significant burden to the plaintiff, who is responsible for providing evidence that the defendant knows, obtains, and has disclosed the trade secret. From , 18 specialized IP tribunals were set up. The specialized IP courts have been able to streamline procedures and speed up the adjudication process. For example, according to legal experts, the average adjudication time of a case tried by the Guangzhou Intellectual Property Court is less than 50 days, and the average time for simple patent cases of first-instance is now three to four months.

Four types of intellectual property you can use to protect your idea and how to use them

The average adjudication time of foreign-related IP cases handled by the Beijing Intellectual Property Court is now four months. The IP courts use technical fact-finding mechanisms, judicial authentication, and expert consultation to ensure neutrality and scientific objectivity in the adjudication process. In terms of infrastructure, the specialized IP courts in Beijing, Shanghai, and Guangzhou function as intermediate courts in the Chinese judiciary. A specialized IP court has 20 to 30 judges and a specialized regional IP tribunal may have between 12 and 15 judges, who come from a mix of law and technology backgrounds or have extensive IP trial experience.

IP cases are classified into three categories:. This article was originally published on October 24,