University of New Hampshire

School of Law

Intellectual Property Summer Institute: Curriculum & Faculty

This page will be updated to reflect 2015 IPSI course offerings.

ARCHIVED INFORMATION

[Schedule]

Advanced Patent Practice

Advertising Law

Dispute Resolution in IP: Strategies & Alternatives

Fair Uses of Copyrighted Works and Trademarks

Global Intellectual Property Management

International Privacy Law

Internet Law

IP Enforcement at the International Trade Commission

Patent Portfolio Management

Pharmaceutical Patent Litigation

Sports Law and Investigative Reporting

Advanced Patent Practice

2 credits
Professor Christopher Frerking, Distinguished Jurist-in-Resident Judge Arthur Gajarsa, Distinguished Fellow in Intellectual Property Jeffrey Hawley and Dr. Heinz Goddar [Syllabus]

Advertising Law

1 credit
Adjunct Professor Douglas Wood

The law of advertising is not a clearly defined field where legal problems are resolved on the basis of a combination of trade practices than legal decisions.  A discussion of advertising law includes unfair and deceptive acts and practices, third party rights (e.g., copyright, trademark, rights of privacy and publicity, unfair competition, etc.), trade regulation (e.g., Federal Trade Commission and state Attorneys General), and self-regulation.

It also includes contract rights between players in the industry, e.g., advertisers, advertising agencies, production companies, celebrities and media companies. With the explosion of social media, advertising law also encompasses on line behavioral advertising, privacy policies, and liabilities for user generated content.

This course is intended to provide the law student with a basic understanding of the laws and legal principles applicable to various types of advertising including: consumer protection, legal and self-regulated trade controls, contractual relationships, issues relating to third party rights, and legal risks in new media. [Syllabus] [Reading assignments]

Required book
Please be Ad-Vised, a Legal Reference Guide for the Advertising Executive, 7th Edition
ISBN 1494807106
[Purchase book here]

Dispute Resolution in IP: Strategies & Alternatives

1 credit
Adjunct Professor Harrie Samaras

This course will explore how ADR can be used practically and strategically for resolving IP disputes, as well as, what are some of the business considerations and motivations for resolving IP disputes outside of the litigation context. [Syllabus]

Required book
ADR Advocacy, Strategies, and Practice for Intellectual Property Cases
edited by Harrie Samaras, published 2011, ISBN-13: 978-1614380221
[Purchase book here]

Fair Uses of Copyrighted Works and Trademarks

1 credit
Adjunct Professor Matthew David Brozik

Federal copyright and trademark laws provide certain exclusive rights to authors of original works and users of commercial source indicators, respectively... but these federal statutory schemes must yield before the Constitution. That's why there are fair use exceptions to exclusive rights. One such fair use is parody—even if not everyone is laughing. [Syllabus]

Global Intellectual Property Management

1 credit
Adjunct Professor Leo Jennings

This course will present underlying concepts and practical techniques for the management of intellectual property (IP) in the US and abroad.  Fundamental processes by which innovations are captured and enhanced by IP protection will be explored.  The course will focus primarily on themes that apply globally, and will include emphasis on international issues as well as adapting to local circumstances. 

After a brief overview of basic patent, trademark, copyright and  trade secret law, the course will turn to strategies and policies used by IP management teams and how those are matched to suitable business and public policy goals.  We will discuss the various roles of IP executives and attorneys in contexts such as startup companies, global corporations and non-profits.  Practical portfolio development tools and decision-making criteria will be described and examined.  The transfer of IP rights and assets will be explained, including due diligence steps and licensing practices. 

Students may participate in a hands-on license negotiation exercise.  Other topics cover how to conduct internal and external IP audits, and how to subjectively assess and monetarily value IP assets.  Enforcement options and risk avoidance methods will also be covered.  Throughout the course, students will be encouraged to share their own experiences.

For grading, each student will be asked to prepare a final paper applying the course content to a selected organization of their choice.  For example, the paper may evaluate the IP situation of a company and make recommendations for improvement.  Some research on the selected company may be required using basic internet search tools (for example, a review of the company’s patents and trademark registrations and/or notable IP disputes involving the company). [Syllabus]

Required book
Driving Innovation: Intellectual Property Strategies For a Dynamic World
by Michael Gollin, Cambridge University Press, 2008, paperback ISBN-13: 978-0521701693
[Purchase book here]

International Privacy Law

1 credit
Adjunct Professor Caitlin Davitt Fennessy

Today’s economy is dependent on businesses’ ability to use and transfer personal data around the world to facilitate global operations. This course will provide an overview of data privacy laws in the context of evolving business practices and consumer expectations, with a focus on the U.S. and E.U. privacy frameworks. The course will explore the challenges governments and industry face developing and applying privacy laws as technologies evolve and data collection expands.

Course participants will develop a foundational understanding of the self-regulatory mechanisms that have developed to enable businesses to use and transfer data while complying with these laws. Participants will discuss stakeholder views on current privacy challenges and consider how these might be addressed in ways that enhance consumer trust, enable innovation and facilitate trade. [Syllabus]

Internet Law

1 credit
Adjunct Professor Robert A. Heverly

Businesses and organizations are confronted every day with issues that arise out of the Internet and the activities it enables. This course will take a practical approach to the Internet, identifying and discussing these issues in the larger context of the law's role in commerce. The course will include a discussion of issues such as control over the Internet, personal jurisdiction; civil liability (including rules for third-party speech); copyright and control; free speech (including obscenity and indecency); questions of domain names and linking; and online contracting and agreements. [Syllabus]

The required text is:
Internet Law: Cases and Problems by James Grimmelmann (Ver. 3.0, Semaphore Press, 2013)
[Purchase book here]

IP Enforcement at the International Trade Commission

1 credit
Adjunct Professor Paul M. Schoenhard

The United States International Trade Commission is a vibrant forum for patent (and other intellectual property) disputes relating to goods imported into the United States. Through lecture and discussion, this course will explore how ITC litigation differs from district court litigation and why both US and foreign companies turn to the ITC to resolve their IP disputes. In addition, the course will address current trends at the ITC and various policy initiatives that may shape the future of ITC litigation. [Syllabus]

Patent Portfolio Management

1 credit
Professor Christopher Frerking

This course will focus on development and management of patent portfolios within an organization. Topics will include invention harvesting, strategic portfolio development, valuation, licensing and enforcement strategy, and administration of patent resources. While there is no formal prerequisite for the class, it is expected that students will have at least basic knowledge of intellectual property, including patents and patent law. [Syllabus]

Pharmaceutical Patent Litigation

1 credit
Robert Scheffel, JD '99

This course is designed to introduce students to the rather specialized pharmaceutical litigation practice.  It will provide students with an understanding of the genesis of the Hatch Waxman Act, an act created to streamline the approval of generic drugs, and expedite patent litigation.  The course will focus on understanding the various phases of a Hatch Waxman Act case (at FDA, pre-suit, pre-trial, trial, and post trial) through practical examples, from both the branded and generic side.  If time allows, we will also discuss the newest legislation pertaining to biologics, passed as part of the Affordable Health Care Act.  In particular, we will discuss the differences from the Hatch Waxman Act and how that may impact future litigation. [Syllabus]

Sports Law and Investigative Reporting

1 credit
Professor Michael McCann and Sports Illustrated Executive Editor & Adjunct Professor B.J. Schecter

Interested in law and journalism?  Sports Law and Investigative Reporting – the first course of its kind to be offered at any school – will teach the essential skills of investigating, reporting and writing sports stories that involve the law. 

This course is primarily designed for law students, journalism students, journalists and attorneys. Front office personnel, university athletic department staff, sports agents, crisis management professionals and team and corporate communications specialists may also find significant value in the course. 

Students will gain a valuable overview of sports law and real-world skills for the legal reporting of sports. [Syllabus]

By the end of the Sports Law and Investigative Reporting course, students will have:

  • Gained an overview of how the law interacts with sports and the reporting of sports. Relevant areas of law include criminal law, labor and antitrust law, intellectual property law, contract law, libel and defamation law, communications law and personal injury law.
     
  • Learned the key differences between a collective bargaining agreement, league constitution and league bylaws. 
     
  • Learned how to effectively obtain investigatory information, including the “best practices” for using the Freedom of Information Act and states’ public records laws. 
     
  • Developed strategies for advocating for and against “gag orders” in high-profile trials. 
     
  • Become able to spot legal issues in fact situations involving disputes between and among leagues, teams and players.
  • Developed crucial skills for interviewing attorneys and agents who represent athletes that are in trouble with the law; general counsel of teams, leagues and sports companies. 
     
  • Gained insight on how to develop sources, including law enforcement sources. Learned important obligations about protecting sources and reducing exposure to government and law enforcement interested in the information you possess. 
     
  • Learned how to locate and understand key legal documents, such as complaints, subpoenas, search and seizure warrants, pretrial discovery (exhibits, witness lists etc.), grand jury transcripts so-called “independent” investigations and accompanying reports, and contracts of players, endorsers, licensors and broadcast companies.
     
  • Learned how to competently write, fact-check and vet sensitive stories.
     
  • Learned the “best practices” for breaking and commenting on sports law news, including appropriate use of Twitter.

Contact for
Intellectual Property Summer Institute
or
Advanced Patent Law Institute

Alyson Fava
University of New Hampshire School of Law
2 White Street
Concord, NH 03301
Phone: (603) 513-5216
alyson.fava@law.unh.edu

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