Fall 2018 Course Schedule

IP Practice in Federal Agency (LAW-795IA-001)
James Toupin

Meets: 06:00 PM - 08:50 PM (T) - Warren - Room N105

Enrolled: 16 / Limit: 22

Administrator Access


Notices

There are no notices at this time.

Description

This seminar surveys the law underlying how the federal government is organized to address intellectual property rights. We will address the law underlying the institutions that grant them, federal agency enforcement of rights, the government’s development and use of intellectual property, consumer protection and antitrust regulation of the use of IP. The principal agencies considered are the US Patent and Trademark Office and the US International Trade Commission, as well as the Copyright Office, the Federal Trade Commission, the Food and Drug Administration, the US Trade Representative, and several offices of the Justice Department. We will stress how these entities are granted authority in IP area and how the processes by which they operate are shaped both by IP-specific law and by administrative and other general legal requirements. We will address how the various Executive Branch and independent agencies interact in policy making, as well as how they relate to Congress and the courts. The instructor is a former general counsel of the US Patent and Trademark Office and deputy general counsel of the US International Trade Commission. He will provide detail on how these entities interact.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

First Class Readings

Background Reading on Some Agencies to Be Studied in Seminar:

i. 19 USC §§ 1330-1, 1335 (provisions of the organic act of the ITC); 19 USC 1337 (IP jurisdiction of ITC)

ii. 35 USC §§ 1-3, 6 (provisions of the organic act of the USPTO), America Invents Act §§ 10(a), (d), 124 Stat. 317 (2011) (fee-setting authority)

iii. 15 U.S.C. §§ 41 (first paragraph), 45(a)-(f), (k)(1), 57, 57b (selections from FTC Act)

iv. 28 U.S. Code § 516 (reservation of authority to litigate for US to DOJ)

v. 17 USC §§ 701, 702, 708 (Copyright Office)

vi. 19 USC § 2171 (US Trade Representative)

Syllabus

Use your MyAU username and password to access the syllabus in the following format(s):