This course is intended for students who are already familiar with the main contours of intellectual-property law and would like to explore the subject further. We will examine in depth a series of topics that, in recent years, have proven especially controversial or troublesome: traditional knowledge; the right of publicity; intellectual-property protection for fashion; fair use; possible solutions to the crisis in the entertainment industry; patent pools and standard-setting organizations; reverse-payment settlement agreements; the relationship between copyright and freedom of speech; how legal reform might help address the health crisis in the developing world; exhaustion; extralegal IP norms; IP litigation; and the relationship between IP and business strategy.
Each student will be expected to participate in the discussion of these issues (both in the classroom and online) and to write a short research paper addressing an aspect of one of them. Group projects are encouraged. There will be no exam. The tentative syllabus is available at http://cyber.harvard.edu/people/tfisher/Advanced_IP_2012.html
Prerequisites: Completion of at least two of the following courses: Copyright Law; Patent Law; and Trademark Law - or completion of one of those courses plus the permission of the instructor.