Course Syllabus
Intellectual Property Law
Law 8808—Fall 2019
Room 5 (MW 10:00-11:15)
SYLLABUS
Professor Chris Holman
Room: Hughes Suite, 1-310
Tel: 235-2384
Email: holmancm@umkc.edu
Office Hours: Monday and Wednesday 3:30-4:30 PM, and by appointment. Feel free to drop by my office at any time, but I might ask you to schedule an appointment for a later time.
Required Texts
Intellectual Property Law: Cases and Materials, Sixth Edition, by Lydia Pallas Loren and Joseph Scott Miller (Semaphore Press 2018).
Student Learning Outcomes
By the end of this course students will be able to:
- Demonstrate a basic foundational understanding of the four primary forms of intellectual property (IP), i.e., trade secrets, patents, copyrights and trademarks, including an understanding of the relative strengths and weaknesses of the various forms of IP, and how they relate to and interact with one another.
- Demonstrate an understanding of the requirements for obtaining IP protection, enforcing IP protection, and the potential remedies available for infringement or misappropriation of IP.
- Demonstrate an understanding of the policy basis underlying the various forms of IP, and have some familiarity with policy concerns associated with the current IP system.
- Advise a client on basic issues of IP procurement, licensing, litigation, and IP portfolio management.
Schedule of Course Topics Covered and Assignments
A schedule of assignments and topics covered is provided in a separate document posted on RooLaw. It is subject to revision during the semester. In addition to the assigned reading, you should review and be prepared to discuss any statutes, rules, or treaties referenced in the reading. The following is a summary of subject matter to be covered.
- Common Law Misappropriation
- Trade Secrets
- Defining a Trade Secret
- Misappropriation
- Remedies
- The Departing Employee
- Patents
- Rights and Remedies
- Claim Construction
- Definiteness
- Enablement
- Patentable Subject Matter
- Utility
- Novelty and Statutory Bars
- Nonobviousness
- Infringement
- Additional Defenses
- Design Patents
- Copyright
- Theory
- Copyrightable Subject Matter
- Ownership
- Rights
- Fair Use
- Secondary Liability
- Remedies
- Trademark
- Protection
- Device Marks
- Trade Dress
- Infringement
- Dilution
- Advertising
- Fair Use
- Remedies
Attendance
Punctual class attendance is required to be considered in attendance, which means arrival before class begins and departure after class ends. I will distribute an attendance sheet at the beginning of each class, so please be sure to sign it. You can miss up to four classes without penalty (although of course I would encourage you not to miss any). Each absence exceeding the four class limit shall result in a one-step letter grade reduction for the course, e.g., from "B" to "B-" or from "A-" to "B+". (For example, a student who misses five classes will be assessed a one-step grade penalty. If that student misses a sixth class, he or she will be assessed an additional one-step grade penalty). The law school attendance policy may be found here http://catalog.umkc.edu/colleges-schools/law/academic-rules-regulations-for-juris-doctor-degree-program/.
Class Preparation and Participation
In-class participation is a vital part of this class. You are expected to be prepared for every class and I will call on students without prior notice. To be prepared for class means that you have read the assignment and have made an effort to think through the materials and any problems or questions in the notes.
Evaluation
The final grade will be determined based primarily on performance on a comprehensive final examination, and might be adjusted based on class participation and short in-class quizzes based on assigned reading. I will provide feedback on an ungraded midterm exam, which should be taken seriously to gauge your preparation and understanding of the material.
RooLaw
RooLaw will be used to post reading assignments, some reading material, and the like. I will also on occasion communicate to the class by email, so be sure to monitor your UMKC email account on a fairly regular basis during the semester.
Academic Inquiry, Course Discussion and Privacy (Audio & Video Recording of Classes)
University of Missouri System Executive Order No. 38 lays out principles regarding the sanctity of classroom discussions at the university. The policy is described fully in Section 200.015 of the Collected Rules and Regulations. In this class, students may make audio or video recordings of course activity unless specifically prohibited by the faculty member. However, the redistribution of any audio or video recordings of statements or comments from the course to individuals who are not students in the course is prohibited without the express permission of the faculty member and of any students who are recorded, including those recordings prepared by an instructor. Students found to have violated this policy are subject to discipline in accordance with provisions of Section 200.020 of the Collected Rules and Regulations of the University of Missouri pertaining to student conduct matters.
UMKC RESOURCES & POLICY STATEMENTS
Academic Calendar
Students are encouraged to review important add, drop or withdraw dates through the law school and general university sources (http://www.umkc.edu/registrar/acal.asp).
Academic Honesty
The Board of Curators of the University of Missouri recognizes that academic honesty is essential for the intellectual life of the University. Faculty members have a special obligation to expect high standards of academic honesty in all student work. Students have a special obligation to adhere to such standards. Academic dishonesty, including cheating, plagiarism or sabotage, is adjudicated through law school and general university procedures (University of Missouri Student Conduct Code and Rules of Procedures in Student Conduct Matters).
Campus Safety
Inclement weather, mass notification, and emergency response guide: http://www.umkc.edu/umkcalert/
Counseling & Health Services Available at UMKC
UMKC students may experience many challenges in their lives while attending college – stress, depression, suicidality, trauma, relationship issues, health concerns, etc. As your professor I care about your success and well‐being, and want to make you aware of some helpful resources on campus. The UMKC Counseling Center (www.umkc.edu/counselingcenter), located at 5110 Oak Street, Suite 201 (in the Whole Foods and Brookside 51 building), offers a wide range of supportive services to students. UMKC Student Health and Wellness (http://info.umkc.edu/studenthealth/), located at 5110 Oak Street, Suite 237, offers a full range of health care and promotion services. Appointments can be scheduled online or by calling 816-235-6133. The MindBody Connection (www.umkc.edu/mindbody and 816-235-5169) is located in the Atterbury Student Success Center in Room 112 and offers a variety of stress-reduction services.
Disability Support Services
UMKC endeavors to make all activities, programs and services accessible to students with disabilities. A Campus Coordinator for Disabled Student Services is available to arrange for reasonable accommodations. If you need accommodations, it is important that you contact the Coordinator as soon as possible to arrange for providing appropriate documentation and the prescribing of reasonable accommodations in the classroom and for exams. For information, go to https://info.umkc.edu/disability-services/ or call (816) 235-5612. Speech and hearing impaired use Relay Missouri, 1-800-735-2966 (TT) or 1-800-735-2466 (Voice.) For questions or further information, see Ashley Swanson-Hoye in the Law School Administrative Suite.
English Proficiency Statement
Students who encounter difficulty in their courses because of the English proficiency of their instructors should speak directly with their instructors. If additional assistance is needed, students may contact the UMKC Help Line at 816-235-2222 for assistance.
Grade Appeal Policy
Students are responsible for meeting the standards of academic performance established for each course in which they are enrolled. The establishment of the criteria for grades and the evaluation of student academic performance are the responsibilities of the instructor.
The law school’s grade appeal procedure is available only for the review of allegedly capricious grading and not for review of the instructor's evaluation of the student's academic performance. Capricious grading, as that term is used here, comprises any of the following: The assignment of a grade to a particular student on some basis other than the performance in the course; The assignment of a grade to a particular student according to more exacting or demanding standards than were applied to other students in the course; The assignment of a grade by a substantial departure from the instructor's previously announced standards.
Discrimination Grievance Procedures for Students
Discrimination Grievance Procedures for Students can be found here: http://www.umsystem.edu/ums/rules/collected_rules/grievance/ch390/grievance_390.010
Law School Policies
This course will comply with the academic policies of the school of law, including the attendance policy, examination and grades, appeal of grades, withdrawal from courses, plagiarism policy and guidelines and honor code, available at the following url: http://catalog.umkc.edu/colleges-schools/law/academic-rules-regulations-for-juris-doctor-degree-program/. In addition, this course will provide reasonable accommodations for students with disabilities, as approved by the UMKC. Please contact Ashley Swanson-Hoye, the manager of student services, for more information regarding accommodations.
Statement of Human Rights
The Board of Curators and UMKC are committed to the policy of equal opportunity, regardless of race, color, religion, sex, sexual orientation, national origin, age, disability and status as a Vietnam era veteran. Commitment to the policy is mentored by the Division of Diversity, Access & Equity, but it is the responsibility of the entire university community to provide equal opportunity through relevant practices, initiatives and programs.
Title IX
Under the University of Missouri’s Title IX policy, discrimination, violence and harassment based on sex, gender, and gender identity are subject to the same kinds of accountability and support applied to offenses based on other protected characteristics such as race, color, ethnic or national origin, sexual orientation, religion, age, ancestry, disability, military status, and veteran status. If you or someone you know has been harassed or assaulted, you can find the appropriate resources by visiting UMKC’s Title IX Office webpage (http://info.umkc.edu/title9/) or contacting UMKC’s Title IX Coordinator, Sybil Wyatt (816-235-6705 or wyattsb@umkc.edu). Additionally, you can file a complaint using UMKC’s online discrimination complaint form, which is located at http://info.umkc.edu/title9/reporting/report-online/.
While most UMKC employees are required to report any known or suspected violation of Title IX, students may seek confidential guidance from the following campus locations:
UMKC Connect
Important information is available to undergraduate students in UMKC Connect accessed through Canvas/Blackboard. Throughout the term, students may receive emails regarding course grades or academic performance. Students are expected to address information posted in a timely fashion. This information may be shared with the student’s Success Network made up his or her academic advisor(s) and other campus resources so that UMKC may fully support the student’s success.
Course Summary:
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