Licensing Intellectual Property (LAW-962A-001)
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Millions of patents, trademarks and copyrights are in force around the world, but very few will ever be litigated. Why, then, do companies and individuals spend scarce resources to procure these intellectual property assets? The answer, in large part, is licensing. Licensing is the principal means for deriving commercial value from intellectual property today. Licensing is used to monetize intellectual property, as a tool in settlement and defensively. In this course, we will explore the practice and theory of intellectual property licensing in industries ranging from film and television, sports, electronics and biotechnology to music, celebrities, and consumer goods. Throughout the course we will address the substantive legal doctrines that affect IP transactions including misuse, exhaustion, bankruptcy, and enforcement. The class will include several practice-oriented exercises such as a contract negotiation, due diligence simulation, license agreement drafting and a client memo addressing a licensing issue. A basic understanding of intellectual property law (either through the IP survey or one or more advanced IP courses) is required.
Textbooks and Other Materials
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Licensing Intellectual Property by Gomulkiewicz, Nguyen and Conway, Fourth Edition 2018 (the “Textbook”) ISBN # 97814548-9269-4. Additional readings and supplemental material will be distributed in class or via links at MyWCL.
First Class Readings
Textbook pages 3 - 22 suggested for your understanding Pages: 32 -67 must read cases and be prepared to discuss these cases We will discuss and you will likely want to read the following brief articles: Jacob Gershman, Tattoo Artists Have Designs on Athletes’ Ink, Wall Street Journal, June 17, 2014 at A1 .
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