INTELLECTUAL PROPERTY

Fall, 2000

SYLLABUS

I. Concept and Purpose

A. Intellectual property is a survey course that focuses on the three major areas of intellectual property: (a) trademark, (b) copyright and (c) patent. Trade secret is also covered along with some aspects of unfair competition.

B. Additionally there are two minor areas the course covers: (a) law of ideas and (b) characters and personalities.

II. Goals for the Course

B. Identify the recurring legal issues in intellectual property even in new areas such as information technology and biotechnology.

C. Determine what matters may be handled competently by a general practitioner and those that are more properly referred to a patent attorney.

D. Develop analytical and communications skills to facilitate the handling of intellectual property matters.

E. Relate traditional legal theories in contract, tort, property, remedies and criminal law to these highly specialized areas.

III. Course Materials
A. Casebook: Kitch & Perlman, INTELLECTUAL PROPERTY AND UNFAIR COMPETITION (5th ed. 1998).

B. Statutory Supplement:  UNFAIR COMPETITION, TRADEMARK, COPYRIGHT AND PATENT (2000).

C. Class Homepage - Supplemental materials will be found on the class Homepage.

<http://www.unc.edu/~unclng/int-prop.htm>
IV. Format for the Course
A. Class sessions are a mixture of class discussion based on the reading assignment, analysis of hypotheticals, lecture, debate on assigned cases and an outside speaker. This is best described as a modified Socratic method.
1. Computer displays will be used each day in class, so sit where you can see the screen easily and where you are most comfortable with the lighting.

2. Intellectual property materials available on the WWW also are an integral part of the course.

B. Class preparation is expected. As second and third year students, you know how to read and analyze the cases. Emphasis in this class is on statutory interpretation and on application of the principles derived from assigned materials.

C. This is a three-hour course with both a mid-term and a final examination.

1. The mid-term is scheduled for Monday, October 2  from 6:30 - 8:30 p.m. in classroom 4004. It will cover only unfair competition, trademark law and the law of ideas. Three years of past exams are available on the course website.

2. The final exam is December 16 at 2:00 p.m. It will cover right of publicity, copyright, patent and trade secret. Past exams are available on the class Homepage.

D. Grades are based on the combined scores of the exams; you may improve your grade through outstanding performance in the classroom or through electronic discussions on the discussion list.

E. The online discussions will facilitate your work in class, enable students to assist each other and will provide a cooperative learning environment for all of us. You may participate in electronic discussions and remain anonymous, but not if you want performance in discussion to be considered for plus points in your grade.

V. Student Responsibility
A. You are expected to read the assigned material before each class and be prepared to discuss the statutes, cases, and the principles .

B. Participate in class discussion. Access the course discussion list through the course homepage.

C. Utilize online discussion list for further discussion.

D. Regularly check the class Homepage for new materials added.

E. Class attendance is essential; this subject matter is too complicated for you to master if you are absent excessively. More than five absences is considered excessive.

VI. Reading Assignments
 
A. Reading assignments average approximately 30 pages per day, but you are reading for content and not minutiae. The relevant sections in the Statutory Supplement should also be read. A few days all the readings are found on the class Homepage.

B. A separate chart of readings is attached and is also on the course website.

VII. Office Hours
A. I will be available most mornings and immediately after class. I am not available the hour before class, i.e., 3:00-4:00 p.m. Should you need to consult with me at other times, my office is in the administrative office, on the third floor of the Law Library. It may be necessary for you to make an appointment due to my administrative duties, but I will see you as soon as possible after your request. Just tell my secretary that you are in my class.

B. You may also reach me through e-mail: laura_gasaway@unc.edu.

See course homepage:< http://www.unc.edu/~unclng/int-prop.htm>