Prerequisites: For JD students, 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. For LLM students, instructor permission is required.
Exam Type: No Exam
This seminar 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 ongoing crisis in the entertainment industry; the relationship between intellectual property and freedom of speech; exhaustion; extralegal IP norms; and the relationship between IP and business strategy.
Each student will be expected to participate in the discussion of these issues 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 https://cyber.harvard.edu/people/tfisher/Advanced_IP_2016.html.