June 30, 2014 (adding the Juicy Whip case to the patent section )
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June 30, 2014 (adding the Juicy Whip case to the patent section_) HARVARD UNIVERSITY SUMMER SCHOOL 2014 INTELLECTUAL PROPERTY Government S-1130 Allan A. Ryan INTRODUCTION AND SYLLABUS Monday and Wednesday, 6.30 to 9.30 p.m. Room: 104 Harvard Hall Course home page: http://isites.harvard.edu/k103249 Section meetings Tuesdays, 5.15 to 6.15 PM Boston time, 1 Story Street, Room 302 – and online in real time. Music, science, art, literature, technology, advertising, entertainment: this course examines intellectual property and the legal and social means that have developed over time to encourage and control it. The objective is to introduce the basic concepts underlying IP, to examine how it operates in the real world, and to enable students who have little or no hands-on experience to deal intelligently with the conflicting legal, social and political forces that will shape its future. Traditionally, intellectual property is defined as the creative works – books, music, art, inventions and discoveries, software, brand names, and the like -- that are protected by copyright, trademarks and patents. We will look at each of those legal structures, together with related areas such as licensing and trade secrets. We will also consider how concepts of intellectual property are being shaped by the digital environment, examining the political and legal issues surrounding , keyword advertising, patent trolls, and other phenomena. We will survey the emerging globalization of intellectual property, look at how the music industry has responded to file-sharing, examine the influence of IP on universities (and vice versa), and conclude with a look at IP’s future. Throughout, we will consider the social utility of intellectual property, asking questions such as, what are, or should be, the acceptable boundaries of copying, imitation, parody, and sampling that draw on protected works? How do opposing political and economic interests shape the development of IP law? Does our IP structure protect too much? Too little? The wrong things? The course develops in two broad stages: the first, prior to the midterm exam, examines the basic principles of intellectual property: the nuts and bolts of copyright, patents, trade secrets and trademarks. After the midterm, we look at how IP operates in the real world, considering topics such as university licensing of technology; publisher-author book contracts; the law of music and file-sharing; the IP of design and fashion; and abuse, criticism and reform of the US patent system. The focus is primarily on U.S. law and practice, including the international regime of treaties and practice in which the U.S. operates. This is not a “how-to” course; we will not emphasize the mechanics of applications or the specialized procedures of the government’s patent and copyright offices. Because a study of intellectual property is necessarily an inquiry into what the law allows and forbids, and how the law interacts with social and economic interests, much of our focus will be on broad legal issues. No prior knowledge of the law is required for the course. Class and sections: Harvard Summer School is a highly concentrated academic environment, covering a full semester’s study in six weeks. Therefore, class attendance is required. The class meets twice a week for three hours in a lecture/discussion format. There will also be a weekly section that is mandatory for students taking the course for undergraduate credit and optional for those taking it for graduate credit. Noncredit students (auditors) do not take the exams and do not receive a grade. They are welcome to attend sections. Distance students: This course is offered in the Summer School’s distance-education program. Students electing this option must adhere to the Summer School’s requirements for distance students. For information, see http://www.summer.harvard.edu/courses/DistanceEd/ Or contact AcademicServices@dcemail.harvard.edu. Class sessions will be posted on the course website within 24 hours. Distance students will be able to log on to section meetings. All registered students can access the lectures and sections on video, and distance students are welcome to attend class in Cambridge at any time. Exams and course grades: Students taking the course for credit will have a midterm and a final exam. The midterm exam is one hour; the final exam is three hours. See syllabus below for dates. Examinations will be administered online for all students (except noncredit students) during a 24-hour window; students will take the exam at their convenience during that period. For undergraduates, the course grade is based on the final exam (60%), the midterm (30%) and participation in section (10%). For graduate-credit students, the course grade is based on the final exam (70%) and the midterm (30%). Readings: There is a considerable amount of reading for the course; lectures will assume that students have read the material and are prepared to consider the issues raised. The instructor: Allan A. Ryan is Director of Intellectual Property for Harvard Business School Publishing, the publisher of Harvard Business Review, the books of the Harvard Business Review Press, Harvard Business School Cases, and digital e-learning materials. From 1985 to 2001, he was University Attorney in the Office of General Counsel at Harvard, specializing in intellectual property, cultural property, and litigation. A graduate of Dartmouth College and the University of Minnesota Law School magna cum laude, he was a law clerk for Justice Byron R. White of the United States Supreme Court and practiced law in Washington before coming to Harvard. He is a member of the Massachusetts Bar, the Intellectual Property Section of the Boston Bar Association, and the Copyright and International Copyright Protection Committees of the Association of American Publishers. Office hours: Mondays and Wednesdays, 5.30 to 6.30 (prior to class). Because my office is in Watertown, please e-mail me at ryan5@fas.harvard.edu if you would like to meet during these hours and we’ll arrange a convenient spot in Harvard Square. I am happy to meet at other times – just e-mail me. The teaching assistants are Daniel Dardani, head teaching assistant, B.A., University of Rochester (Physics/Political Science), a Technology Licensing Officer at the Massachusetts Institute of Technology, expert in licensing inventions and commercializing university technologies in the fields of computer science, software, algorithms, digital imaging and photography, video games, wireless, mobile and information technologies. Office Hours: Please e-mail ddardani@mit.edu to arrange. Albert Elia, A.B., Harvard University (Applied Mathematics/Computer Science), J.D., Northeastern University Law School. Former director of product development for the industry leader in oncology management systems. Office Hours: Please e-mail aelia@fas.harvard.edu to arrange.
Readings: Hunter, Preface and Introduction Introduction to the study of cases (in the copyright cases folder) The basics of copyright Readings: Hunter, Ch. 2 Cases: Feist Publications v. Rural Telephone Service
Cases: Aalmuhammad v. Lee Klinger v. Conan Doyle Non-literal infringement of copyright: Gorman, Ch. 2 Cases: Nichols v. Universal Pictures Funky Films v. Time Warner LaPine v. Seinfeld Steinberg v. Columbia Pictures I The rights of everyone else: Copyright and Fair Use Gorman, pp. 139-56 Cases: Harper & Row v. The Nation Campbell v. Acuff-Rose Music Brownmark Films v. Comedy Partners (South Park) Steinberg v. Columbia Pictures II Seltzer v. Green Day, Inc. First sale doctrine and digital media Cases: Capitol Records v. ReDigi Week of June 30 Patent. Its historical development. Its doctrinal bases. The scope of its protection. Comparison to copyright. The patent process in the US. Find Google Patent Search and download the PDF of US Patent 5,941,785, which we will discuss in class. (The PDF is the actual patent.) Readings: Hunter, ch. 3, pp. 81-105 (n.b., the section on priority on pp. 97-98 is out of date. The US adopted a first-to-file priority in 2011); pp. 108-16 (top 2 lines). The importance of claims Cases: Larami v. TTMP The meaning of utility Cases: Juicy Whip v. Orange Bang Patentability of biotechnology products Cases: Diamond v. Chakrabarty (1980) Mayo Collaborative v. Prometheus Labs (2012) Association for Molecular Pathology v. Myriad Genetics (2013) Skim Part I; focus on parts II and III Alice Corp. v. CLS Bank (2014) Analysis of the cases on patentability: Mayo Collaborative v. Prometheus: www.scotusblog.com/?p=141123 Myriad Genetics: www.scotusblog.com/?p=164911 Alice Corp. v. CLS Bank: www.scotusblog.com/2014/06-supeme-court-leaves-patent-protection-for-software-innovation-intact Week of July 7 Trademarks. Historical development and doctrinal bases. Scope of protection. Statutory and regulatory regime in the US. Readings: Hunter, ch. 4 Cases: AMF v. Sleekcraft Boats
Readings: Hunter, ch. 5 Cases: Airwatch LLC v. Mobile Iron
Harvard Business Review International Magazine LicenseHBR Press’s Book Publishing ContractHarvard ManageMentor® License AgreementMIT’s HDTV License TemplateThe international regime of IP protection. Berne, Paris and other elementary Treaties. International cooperation and reciprocity for copyright, patents, trademarks. World Trade Organization and TRIPS (Trade-related Aspects of Intellectual Property) Treaty. Readings: Text on International Issues, in course folder Congressional Research Service, Intellectual Property Rights and International Trade (February 2011, pages 8-9, 10-12. 17-19, 21-22, 31-32) Global IP Issues: The Case of China US Trade Representative, 2013 Special 301 Report (go to ustr.gov, search “2013 Special 301”) pp. 4-9, 13-15, 18-22, 25-26 (developments); 31-38 (China)
Readings: Gorman, chapter 6, pp. 110-16, 121-27 [See “Optional” Texts above, to download the Gorman text.] Cases (in copyright reading folder) : A&M Records v. Napster MGM v. Grokster Newton v. Diamond Bridgeport Music v. Dimension Films Peters v. Kanye West Artists’ termination rights: “Record Industry Braces for Artists’ Battles Over Song Rights,” New York Times, August 15. 2011 (www.nytimes.com) “A Village Person Tests the Copyright Law,” New York Times, August 16, 2011 (www.nytimes.com) “Village People Singer Wins a Legal Battle in Fight to Reclaim Song Rights,” May 8, 2012 (http://artsbeat.blogs.nytimes.com) [If you want to pursue this subject, there’s a good podcast at http://artsbeat.blogs.nytimes.com: “New Owners for Vintage Hits?”, January 18, 2013] Miscellaneous (in Music reading file): “The Music Copyright Enforcers” “Obit for a Music Publisher”
Designs: Hunter, ch. 3 portions dealing with design patents Cases: Sturdza v. United Arab Emirates (copyright; in copyright folder);
Scafaldi, Intellectual Property and Fashion Design, at http://ssrn.com/abstract=1309735 Watkins, “Copyright and the Fashion Industry” Jackson, “Some Designers Say…” Hot topics: The Google Books Litigation http://topics.nytimes.com/top/news/business/companies/google_inc/google_book_search/index.html?scp=1&sq=Google%20book%20settlement&st=cse (Read “Google Book Search”) Hot topics: Patent Trolls Readings: “Patent Trolls” in Hot Topics reading folder Hot topics: Publicity, Privacy and Social Media Readings: TBD Week of August 4 Final Examination: The final examination will be online this week for a 24-hour window, tentatively Monday August 4 at 12.00 noon Boston time, but subject to confirmation by end of June. Directory: docs docs -> Application for acem docs -> Observational Assessment of Teaching Practices Teaching Assessment Initiative Proposal Submitted to The Teachers for a New Era project docs -> Traditional British values docs -> From Warfighters to Crimefighters: The Origins of Domestic Police Militarization docs -> Borzoi Club of America Register of Merit Program I. What is a Register Of Merit docs -> Protecting the rights of the child in the context of migration docs -> United Nations E/C. 12/Esp/5 docs -> 9th May 1950 the schuman declaration docs -> Getting To Outcomes® in Services for Homeless Veterans 10 Steps for Achieving Accountability Download 44.34 Kb. Share with your friends:
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