Intellectual Property Law
Innovation has made information, science and technology in their many varied forms dominant influences on society and the economy, and advances in biotechnology, computer science, nanotechnology, and digital art forms have accelerated the pace of change worldwide. Increasingly, creators, compilers, publishers, interpreters, remixers, commentators, users, consumers, appropriators and regulators of innovation must rely on the law of intellectual property to settle disputes.
The burgeoning field of intellectual property law encompasses patent, copyright, trademark, trade secrets and many other fascinating legal theories for protecting and regulating an expanding list of innovations and creations, including writings, music, art, dance, performances, architectural works, scientific and technical inventions, compilations of data, business models, brands, names used in trade, know how, business secrets, confidential information and even celebrity publicity. Knowledge of intellectual property law is now a fundamental part of a good legal education.
KU Law alumni include patent examiners at the United States Patent & Trademark Office and intellectual property attorneys at leading firms around the United States, such as Fish & Richardson PC; Finnegan, Henderson, Farabow, Garrett & Dunner LLP; Goodwin Procter; Christensen O’Connor Johnson Kindness PLLC; Hovey Williams LLP; and Shook, Hardy & Bacon LLP.
Curriculum
KU Law offers a rich and expanding program in intellectual property law. Professor Andrew Torrance teaches a comprehensive survey course covering all forms of intellectual property protection. Professors Mike Hoeflich, Mike Kautsch, Phil DeLaTorre and Torrance offer specialty classes in patent, copyright, digital copyright, trademark, media, biotechnology, and international and comparative intellectual property law.
In addition, Professors Raj Bhala, Stacy Leeds and Torrance offer classes in international trade, indigenous, and biodiversity law, respectively, that include coverage of intellectual property issues. Any of these professors are available to supervise research papers on intellectual property topics sufficient to fulfill the school’s writing requirement, and several previous student papers have been published in law
reviews or garnered competitive awards.
Some of the courses offered in the area of intellectual property law include:
Intellectual Property Law offers an introduction to substantive patent law, copyright law and trademark registration designed (1) to provide background knowledge for those interested primarily in the general law practice and (2) to provide a foundation for future specialization in patents, copyrights and trademarks.
Patent Law explores the doctrine, policy and practice of patent law in the United States. It examines the challenges posed to patent law by new technologies, such as biotechnology, pharmaceuticals, the Internet and nanotechnology. Patent law systems in other countries and the role of international patent treaties are also considered.
Introduction to Copyright in Literary and Artistic Works provides students with a basic introduction to copyright issues related to literary and artistic works (excluding music). Among the subjects covered will be: subject matter of copyright, the meaning and significance of publication, formalities of copyright, the nature of rights under the common law and statutory copyright regimes, duration of copyright, transfers of copyright, infringement actions, remedies, and federal preemption.
Copyright Law and Digital Works explores the major copyright issues posed by such categories of digital works as software, data bases containing factual and other public domain content, multi-media materials, computer-generated or -assisted works and audio recordings containing digital sampling
Law and the Arts provides students with an introduction to the areas of law which they must understand to represent visual artists, collectors and museums. Covers, among other subjects, intellectual property rights in art, licensing of artworks, sales and purchase of artworks, importing and exporting of art.
Food and Drug Law explores the rich and complex body of law that regulates food, pharmaceuticals, biologics, blood products, cosmetics, medical devices and carcinogens. In addition to comprehensive coverage of the Federal Food, Drugs, and Cosmetic Act of 1938, and the public policy underlying it, other relevant federal and state statutes are explored. Furthermore, relevant international agreements and comparable legal frameworks of other countries are considered. Special topics include expedited or experimental approval of drugs for terminally ill patients, the importation of foreign drugs or food, genetic testing, therapies and enhancements, genetically modified food, and regulation of carcinogens.
International Trade Law examines the regulatory aspects of the sale of goods across national borders. Key topics include the history and institutions of the GATT-WTO system, accession to the WTO, dispute settlement under WTO rules, regulation of import duties, rules on customs classification and valuation, non-tariff barriers, statutory forms of relief from import competition, government regulation of export trade, regional trade regimes, and ideological and policy issues relating to trade liberalization and globalization. This course complements (but is independent of) International Commerce and Investment and is the basis for more advanced study on international trade law.
Other Opportunities
Outside the classroom there are numerous rich experiences available to students interested in further pursuing their interests in intellectual property law. Students may join the Intellectual Property Law Student Association, which is run by students for the purpose of encouraging interest in their fields by sponsoring interesting speakers and events. The School of Law can also help place students in externships and internships at the KU Center for Technology Commercialization.
The rich offerings at the University of Kansas School of Law allow every student to gain an understanding of intellectual property law that suits their level of interest, from solid introduction to thorough expertise.