The Intellectual Property Concentration brings together three core areas—patent, copyright, and trademark. This concentration capitalizes on the School’s significant teaching and curriculum strengths in the intellectual property area and matches these strengths with a significant market need for intellectual property specialists.

Requirements

A student may be certified as having completed a concentration in Intellectual Property by meeting the following requirements. Beginning with courses and seminars in the fall term of 2014, any “Exhibit A” or “Exhibit B” offering that you wish to count toward the concentration must be taken for a grade rather than CR/NC/H.

1) Satisfactory completion of three (3) of the following courses:
Exhibit A

4 credits

Copyright is one of the major legal regimes governing art, software, information, and entertainment, and its rules deeply affect how the internet operates. This course is a policy and skills-oriented study of federal copyright law. Much of copyright policy can be clarified by using some basic tools from economics and philosophy; these analytic tools will be taught during the course, and no prior knowledge is required. As for skills, the course focuses on two: how to tackle and master a complex set of interrelated statutory provisions, and how to articulate legal principles orally in a way that would be comprehensible to an untutored judge. Rather than having a predominant lecture format, the course puts student analysis at its center. The course will cover the exclusive rights granted to creators of "original works of authorship", the authorial subject-matters eligible for federal copyright, the nature of an infringement action, and defenses such as fair use. In addition, students will be expected to master at least one detailed, statute-governed topic such as duration (how long do rights over a given work of authorship remain in private hands before becoming free for all to copy) or the inalienable right of termination (how authors can retrieve their copyrights despite having signed contracts indicating that they have sold all rights). The course also examines some state rights, such as the 'right of publicity' and 'quasi-property rights against the misappropriation of data', for purposes of exploring how these state doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2016: LAW JD 952 A1 , Sep 6th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Tue,Thu 11:00 am 12:15 pm 4 Wendy J. Gordon LAW 410
Fri 10:30 am 11:45 am 4 Wendy J. Gordon LAW 410

Var credits

This course explores how the law deals with the products of creative activity. The range of subject matter is large, embracing things as different as mechanical inventions and melodies; baubles and boat designs; catalogues, computers and cartoons. Among the areas of potential coverage are federal copyright law, federal trademark law, state law theories of unfair competition, trade secret law, patent law, state rights of publicity, and misappropriation. Also considered will be whether federal law should preempt the efforts of state judges and legislatures to regulate intellectual products.

FALL 2016: LAW JD 857 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Michael J. Meurer LAW 414
SPRG 2017: LAW JD 857 G1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 3 Paul R. Gugliuzza LAW 103

3 credits

The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

SPRG 2017: LAW JD 870 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 9:00 am 10:25 am 3 Michael J. Meurer LAW 101

3 credits

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, protectability, misappropriation, and infringement in the context of words, symbols, slogans, product design and trade dress. The course also will handle related issues, depending on class interest, such as: trademark's common law roots, false and comparative advertising, parody, the right of publicity, the First Amendment, a comparison of how copyright and trademark treat 'functional' designs, and the challenge of applying trademark laws in the Internet context. In addition to a 3-hour final exam, all students will be required to complete a short memorandum dealing with trademark clearance and registration issues. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2016: LAW JD 780 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:45 am 12:10 pm 3 Stacey Dogan LAW 101

2) Satisfactory completion of an additional two (2) BU Law courses/seminars in the Intellectual Property area. Current law course offerings that satisfy this requirement are:
Exhibit B

3 credits

This seminar will focus on the varied legal doctrines that influence both the business and practice of Entertainment Law. Some of the primary topics include issues involving publicity rights and the use and control of image, celebrity and promotion issues, defamation and free speech, invasion of privacy, copyright including infringement and dispute and other general contractual relations surrounding the entertainment field. The course will also explore the practical aspects of entertainment law such as complicated litigation issues involving jurisdictional and venue concerns, client counseling and negotiations and other ethical concerns raised in the course of representation of your client. This course will not focus on sports entertainment or any other specific labor-related organizations. There will be no final exam. Grades will be based upon papers and class participation. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 905 A1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Jerrold G. Neeff LAW 418

3 credits

This seminar will explore the ways in which the Internet has challenged both the theory and the law of intellectual property. Rather than broadly surveying the landscape, we will closely examine a cluster of topics that have especially challenged courts, legislatures, and theorists. Particular topics will be determined prior to the start of class, but might include: copyright law's treatment of intermediaries (such as YouTube, file sharing services, and online service providers); the obligations of auction sites and other online services to police trademark infringement by their users; the scope of fair use protection for user-generated content; and patent protection for Internet-related technologies and business methods. Grades will be based on a combination of written exercises (required each week) and oral presentations (required once for each student). Student participation is required, and will be taken into account in the grade for the course. In lieu of the short papers, it is possible to write a paper that satisfies the Upper-class Writing Requirement. PREREQUISITE: All students must have completed a core Intellectual Property course (Intellectual Property, Patent Law, Copyright Law, or Trademark Law). GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2017: LAW JD 791 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 10:40 am 12:40 pm 3 Stacey Dogan LAW 417

3 credits

This seminar will intensely examine a small number of topics from the frontier of intellectual property law ("IP"). I will invite several intellectual property scholars to present their works-in-progress. Students will be required to read the works in advance, and will be assigned additional reading as appropriate. The scholars will present their scholarly articles, and students will respond with questions, comments and critiques. The seminar's goals are treble: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in, and potentially publish their own work in, scholarly debate, and for scholars in the midst of the publication process to improve their papers through the input of the workshop group. Students must have taken or be currently enrolled in a course in IP, Copyright, Patent, or Trademark. Students who have not taken such a course (or who are not enrolled currently in such a course) must obtain the permission of the instructor. Preference for entry will be given to JD students pursuing an "IP Concentration", students pursuing an LLM in American Law degree with an IP concentration, and to LLM students pursuing a master's degree in IP. The seminar is also open to other JD and LLM students, and to students outside the law school. Overall enrollment is tentatively capped at 18; students beyond that number can be admitted with the permission of the instructor. Students have the option of writing many short response papers, or of writing a single in-depth paper in IP. The latter option can fulfill the JD Upper Class Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2017: LAW JD 776 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Michael J. Meurer LAW 410

3 credits

International law is increasingly important to domestic lawyers every day. This is as true in intellectual property as in any field. Regulation of intellectual property is a cornerstone in the globalization of modern trade and commerce. In order to harmonize intellectual property laws, more and more countries sign up to multilateral agreements regulating these laws. However, jurisdictional differences still exist and affect this process. This course examines international agreements and comparative laws on intellectual property and ways in which the intellectual property laws of the United States relate to those of other nations. Topics will include securing and enforcing rights in trademarks, copyrights and patents under international regimes and in various jurisdictions, and the interplay between intellectual property, international trade and culture, and Internet-related issues. The course is designed to afford students who intend to practice in IP an acquaintance with key international IP principles and policy issues. The course will impart understanding in these areas using materials such as treaties, cases and commentary. The course will treat international and European intellectual property separately, and will focus on the major international systems related to each substantive IP area. The course is open to all students but it is helpful if students have completed or are enrolled in an IP survey course, or to LLMs with some intellectual property experience. LIMITED WRITING REQUIREMENT OPTION: A final exam will be offered in the course, but as an alternative, a limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 16 students.

3 credits

The number of transactions worldwide involving intellectual property has skyrocketed in the past ten years, as increasing numbers of businesses seek to monetize their patent, copyright, trademark and trade secret assets. As a result, licensing has developed into distinct legal practice. This seminar will focus on the various practical legal and business issues that arise in patent, software, trade secret and trademark licensing (and - time permitting - music licensing) including contract law and intellectual property concerns as well as the effect of antitrust, bankruptcy and international law on these transactions. Prior coursework in intellectual property law would be useful, but is not required, as the course will include a segment on IP basics. The course will not include an exam or paper; instead, the course will be arranged in a workshop format, in which students will draft, edit, and revise various license agreements and related documents in response to case studies that are based on actual transactions. ENROLLMENT LIMIT: 10 students. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the upper-class professional skills requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, jurisdiction, and choice of law, and ending with the appeal. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, and infringement. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Students will be evaluated based primarily on two writing projects. The first project will require students to draft a litigation-related document (such as a claim construction brief or summary judgment motion) in a simulated patent case. The second project will be an academic research paper on a patent litigation-related issue to be chosen by the student. In-class presentations and class participation will also be taken into account in calculating each student's grade. No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites. However, prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class.

FALL 2016: LAW JD 964 A1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Paul R. Gugliuzza LAW 417

3 credits

This seminar examines various aspects of U.S. patent practice including prosecution processes, strategies, post-grant options, business and ethical considerations, and management of international patent portfolios. PREREQUISITE-COREQUISITE: Intellectual Property, Patent Law, or permission of the instructor. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

Var credits

Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Link.

SPRG 2017: LAW JD 841 A1 , Jan 17th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
ARR TBD TBD Var TBA

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 14 students. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 900 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 Keith N. Hylton LAW 417

2 credits

This course will examine the theory, practice, and interrelationship of trade secret law and the law of restrictive covenants, including laws governing the use and enforceability of noncompetition agreements. We will explore what a trade secret is, what it is not, how it differs from other types of intellectual property, and how something secret can constitute protectable property. We will investigate how trade secrets can be misappropriated, including misappropriation through one's memory; whether and in what circumstances trade secrets will be protected, including through the use of noncompetition agreements, nondisclosure agreements, and other restrictive covenants; the other purposes served by those agreements; and the strengths and weaknesses of the various laws governing the protection of trade secrets and the use of restrictive covenants. Depending on class interest and time, we may discuss related issues such as the current debate over the use of noncompete agreements and their putative effects on innovation. NOTE: This course satisfies the upper-class professional skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

SPRG 2017: LAW JD 793 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 2 Russell Beck LAW 418

3) Satisfactory completion of two (2) additional course from select background and related courses from “Exhibit C” courses below, or from “Exhibit B” courses above.
Exhibit C

4 credits

This course will examine the nature and functions of federal administrative agencies and the legal controls on agency action. Agency action is situated and examined in its political and legal contexts. Topics include the status of administrative agencies in the constitutional framework of separation of powers including the non-delegation doctrine, the President's appointment and removal powers in light of the unitary executive, the constitutionality of the legislative and line-item vetoes, the constitutionality of agency adjudication, and the constitutional (and political) status of independent agencies; agency rulemaking and adjudication including the choice of procedural model and the procedural requirements of the rulemaking model; and the availability, timing and scope of judicial review of agency action including standing to seek judicial review and exceptions to the availability of judicial review. The course also examines different methods of policy analysis such as regulatory impact analysis and cost-benefit analysis. Additional topics include discriminatory enforcement, regulatory delay, judicial imposition of procedural constraints on agencies, the implication of private rights of action from regulatory statutes and the availability citizens' suits. Some attention may be paid to differences between state and federal separation of powers doctrines. GRADING NOTICE: This course will not offer the CR/NC/H option.

FALL 2016: LAW JD 801 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 10:40 am 12:40 pm 4 Colin S. Diver LAW 209

4 credits

Antitrust law regulates the competition between business firms in unregulated markets (and in varying degrees in regulated markets, where it supplies a benchmark standard). Thus, all privately owned economic entities are subject to or affected by the antitrust laws (federal or state), ranging from the largest multinationals to self-employed individuals, e.g., lawyers. Antitrust law constrains business behavior that injures the competitive process, encompassing such topics as price fixing, boycotts, monopolization, mergers, price discrimination, distributorship limitations and similar trade restrictions. Antitrust analysis is increasingly economic in its orientation and therefore economic analysis will form a vital part of the course. Supplementary economic readings are suggested for students without previous economic background (and for others who may wish to refresh their knowledge).

SPRG 2017: LAW JD 838 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 10:40 am 12:40 pm 4 Keith N. Hylton LAW 101

3 credits

This seminar will consider selected legal issues concerning unique art objects and artifacts. The problems that lawyers face when they deal with art cut across traditional legal boundaries. The seminar will explore the sometimes conflicting rights and interests of artists, collectors, dealers, museums and the public, from the perspective of the lawyers who advise them and of the law makers to whom they sometimes appeal. A paper is required. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course is the foundational skills course within the Transactional Law Program. It teaches students basic principles and skills of drafting and analyzing commercial and transaction agreements, with a focus on recognizing, and addressing through contractual provisions, key business issues in transactions. Although the course will be of particular interest to students interested in a corporate or transactional law practice, since most practicing attorneys will need to work with contracts at some point in their career, the concepts and skills which the course conveys are applicable to virtually all practice areas and specialties. While the course utilizes lectures to introduce various contract concepts and techniques essential for drafting and reviewing commercial and transaction agreements, it requires that students complete in-class exercises and extensive homework assignments as a means of building basic drafting skills and a solid understanding of the structure and operation of contractual provisions in a business transaction. Grades will be based on the graded assignments, good faith completion of ungraded assignments, and class participation. ENROLLMENT LIMIT: 12 students. NOTE: This class satisfies the Upper-class Professional Skills requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the class. Students who are on the wait list for a section are required to attend the first meeting to be considered for enrollment.

FALL 2016: LAW JD 788 A1 , Sep 12th to Dec 5th 2016
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Jonathan Guest LAW 508
FALL 2016: LAW JD 788 B1 , Sep 12th to Dec 5th 2016
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Emmy Hessler LAW 519
FALL 2016: LAW JD 788 C1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 3 Neal S. Winneg LAW 519
FALL 2016: LAW JD 788 D1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Thomas P. Harrison LAW 519
FALL 2016: LAW JD 788 E1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Carla Moynihan LAW 518
FALL 2016: LAW JD 788 F1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 Young M. Park LAW 519
SPRG 2017: LAW JD 788 A1 , Jan 23rd to Apr 24th 2017
Days Start End Credits Instructors Bldg Room
Mon 4:20 pm 6:20 pm 3 Jonathan Guest LAW 419
SPRG 2017: LAW JD 788 B2 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 6:30 pm 8:30 pm 3 Mr. Cohan LAW 518
SPRG 2017: LAW JD 788 C2 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Carla Moynihan LAW 419
SPRG 2017: LAW JD 788 D2 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 6:30 pm 8:30 pm 3 Robert M. Schlein LAW 519

2 credits

In today's economy new venture attorneys must provide entrepreneurs with timely and appropriate legal advice in an increasingly fast-paced, complicated and competitive environment. In this course, students will learn how to blend practical and theoretical approaches in meeting the needs of the start-up venture. We will examine how to effectively advise clients, who are typically highly committed to their idea, product, innovation or service. We will learn to work with the entrepreneur to identify priorities and develop translatable legal solutions relating to: entity selection; business planning; managerial control; capital development; use of media; property rights and patent concerns; contract negotiations; employment and tax issues; and the examination of potential growth and exit strategies. Through a combination of lectures, readings, case studies, and legal exercises we will examine successful (and some not so successful) examples of critical stage legal decision-making. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will begin with an examination of freedom of expression and freedom of the press and will then move to a study of freedom of religion -- the establishment clause and the free exercise clause. We shall cover issues such as the protection of political speech, sexualized speech (obscenity and pornography), symbolic speech and speech in public places in addition to issues related to press censorship, reporters' privilege and press coverage of trials. In the area of freedom of religion we shall review the evolving jurisprudence on the role of religion in the public sphere as well as the constitutional command to guarantee free exercise of religion. While studying the doctrines developed under the Bill of Rights, we shall also address theoretical questions such as the justifications for freedom of expression, the role of religion in American culture, the role of rights in constitutional democracy and the institutional question of judicial review.

3 credits

This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSES: Intellectual Property, Administrative Law & Health Law. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 802 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Frances H. Miller LAW 513

4 credits

This course teaches the substantive and procedural laws relating to the US health care sector, including public and private insurance, the structure and regulation of health care providers, tax-exempt health care institutions, health care fraud and abuse, competition in health care markets, duties to patients, regulation of the beginning and end of life, and health privacy. We focus on both federal and state law (and the federalism issues raised thereby). Texts include case law, statutes, regulations, other administrative guidance, and peer-reviewed literature from medicine and the social sciences.

FALL 2016: LAW JD 856 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Kevin Outterson LAW 101

1 credits

Intellectual property is a multi-faceted area of practice where it is especially important to be able to keep up with current developments. Students will become familiar with practitioners' tools as well as learning the role of legislative history, sources for securing intellectual property rights and patent and trademark searching. Legal information and technologies are constantly changing, and firms are constantly licensing new databases. Become familiar with the specialized tools used by lawyers in intellectual property practices. Classes will combine instruction and hands-on exercises using major print, electronic, and web based resources for intellectual property law research. NOTE: This seminar satisfies the Upper-class Professional Skills requirement. NOTE: Students may not add this course after the first class has been held. This course meets January 25 through March 1.

SPRG 2017: LAW JD 733 A1 , Jan 25th to Mar 1st 2017
Days Start End Credits Instructors Bldg Room
Wed 10:40 am 1:00 pm 1 Jenna Fegreus

2 credits

To understand international law, it is necessary to develop expertise in working with the diverse sources of this area of law. Students will learn to navigate the international system and locate the relevant primary sources of law, including treaties, decisions of international tribunals, documents of international organizations and other sources of state practice. The course will explore the United Nations, the European Union and the WTO, among other organizations; topics will include international trade, human rights and "private" international law. In addition, students will be introduced to strategies for researching the law of foreign jurisdictions. Students will gain hands-on experience in answering legal research questions in the area of international and comparative law. Classes will combine instruction and hands-on exercises using major print sources, subscription databases, and web-based resources for international legal research. Students will be evaluated on several grounds, including class participation, regular assignments, quizzes and a final project. NOTE: This seminar satisfies the Upper-class Professional Skills requirement.

FALL 2016: LAW JD 748 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 2 Steven Alexandre da Costa LAW 419

3 credits

This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics include formation of contracts, choice of law, financing the international sale of goods through letters of credit, regulation of international trade, the organizations and operations of the institutions of the World Trade Organization, foreign investment, international dispute settlement, and international transfer of intellectual property. RECOMMENDED COURSES: International Law. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2017: LAW JD 842 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 3:35 pm 3 Rebecca Ingber LAW 101

4 credits

This course will offer a basic survey of contemporary international law. It will teach students the minimum that every lawyer should know about the major issues of public international law and policy that influence current events and modern legal practice. It will also provide a foundation for those interested in further study of particular topics covered. We will consider both the historical "law of nations" and post-World War II developments, which have shifted the fulcrum of the system from an exclusive focus on the rights and duties of states inter se to a broader focus on all the diverse participants in the contemporary international legal process: not only states but intergovernmental and nongovernmental organizations, insurgents, multinational business enterprises, terrorist and criminal associations, and individuals. Specific topics will include: (i) the history, nature, sources and efficacy of international law; (ii) the establishment, transformation and termination of states and other actors, including international institutions and, in particular, the United Nations; (iii) the domestic incorporation of international law, with a focus on key concepts of U.S. foreign relations law; (iv) the allocation among states of jurisdiction to prescribe and apply law, as well as jurisdictional immunities; (v) human rights, the laws of war, and international criminal law; (vi) the allocation of control over and regulation of the resources of the planet, including the law of the sea, territory, the environment, and the global economy; and (vii) the use of force. The role of power in the international legal system will be candidly acknowledged--and the problems and opportunities it presents explored. Current international events will be woven into the curriculum as appropriate. Examination. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2016: LAW JD 927 A1 , Sep 6th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Tue,Thu 2:10 pm 4:10 pm 4 Rebecca Ingber LAW 413

3 credits

This seminar surveys the origins and development of the WTO, with emphasis on the WTO legal process and its interaction with US trade agencies. It covers the underlying philosophy of free trade and introduces the major legal disciplines under the WTO. It also deals with the social and political implications of free trade, and with some of the controversies concerning the future evolution of the WTO.

SPRG 2017: LAW JD 858 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 10:40 am 12:40 pm 3 Daniela Caruso LAW 416

3 credits

The Law and Economics Seminar is a research workshop. The first three class sessions will focus on selected basic topics in law and economics, including methodology commonly used in law and economics scholarship. In the following class sessions, outside speakers (typically faculty members from other institutions) will present their current work in the field. The specific topics considered will vary depending on the interests of the speakers, but the general focus will be the application of economic concepts and tools to legal and regulatory issues. Students are responsible for preparing short weekly memoranda that respond to the presented papers. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

FALL 2016: LAW JD 940 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 4:20 pm 6:20 pm 3 Kathryn Zeiler LAW 410

3 credits

This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Grades will be based on client-directed writing and on oral class participation, including an advocacy presentation. Some students may satisfy the Upperclass Writing Requirement. There is no examination. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 886 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Michael C. Harper LAW 418

3 credits

Biotechnology and Pharmaceuticals are two of the fastest growing industries in the U.S., and the legal issues that arise in connection with representing them are complex and evolving. This seminar will focus on the transactional, intellectual property, and regulatory legal issues that challenge lawyers working with clients in these industries. We will begin with an overview of these industries, including a basic review of the sciences underpinning them (intended for non-scientists). We will then delve into complex legal issues such as licensing, collaborations, and consortium building; academic-industry interactions; the drug and biologic regulatory approval process; issues arising in clinical trials; and legal issues arising in the manufacture and distribution of life sciences products. If time permits, we will also examine the medical device industry and the ways in which that industry differs from the biopharmaceutical industry. In lieu of an exam, students will prepare a 25 page, journal-worthy article addressing a legal topic of the student's selection. PREREQUISITE: No scientific background will be required, but students will benefit from prior or contemporaneous coursework in intellectual property. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. NOTE: This seminar satisfies the upper-class professional skills requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2017: LAW JD 907 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Wed 6:30 pm 8:30 pm 3 Luba Greenwood LAW 416

3 credits

Strategies for Bringing Technology to Market is a unique course that guides student teams as they undertake commercial go-to-market strategy for scientific and engineering breakthroughs. By collaborating with faculty and graduate students in the University's research labs and mentors from the business community, teams will assess the economic and social prospects of recent technology innovations, outline the technical and market risks and the key commercial milestones and make recommendations for the most effective commercialization strategy. 

Project work is supported by lectures that focus on critical skills required. Guidance will be provided in assessing critical commercialization milestones by a combination of faculty and mentors from the business community.

SPRG 2017: GSM SI 871 F1 , Jan 23rd to May 1st 2017
Days Start End Credits Instructors Bldg Room
Mon 6:30 pm 9:30 pm 3 TBA

4) Satisfactory completion of a substantial written work on an intellectual property topic. CORE IP FACULTY—If a student prepares his or her written work for a member of the core IP faculty (Professors Dogan, Gordon, Gugliuzza, and Meurer, or Dean O’Rourke), then to satisfy the Concentration Writing Requirement the student must obtain approval from that faculty member on both (a) the topic and (b) the quality, type, and length of the written work. The faculty member will employ for the latter the standard of the Upperclass Writing Requirement.

MATERIAL NOT WRITTEN FOR PROFESSORS WHO ARE MEMBERS OF THE CORE IP FACULTY: The Concentration’s writing requirement will be satisfied with the same written work that satisfies the existing Upperclass Writing Requirement, or that a member of the regular faculty (non-adjunct) states in writing is equivalent in quality, type and length to written work that would satisfy the existing Upperclass Writing Requirement, provided that a member of the core IP faculty approves that the topic is within the IP area. Students should ordinarily seek pre-approval of their topic by a core IP faculty member; in all events, the student must obtain the approval of a member of the core IP faculty that the written material as finalized focuses on an IP topic. A member of the core IP faculty need not review the written material for other purposes if the material has been properly certified for the Upperclass Writing Requirement by another faculty member, whether regular or adjunct, or if a regular faculty member (non-adjunct) has stated in writing that in quality, length and type it meets the requirements of the Upperclass Writing Requirement. The student is responsible for giving the member of the core IP faculty (a) proof of having met the Upperclass Writing Requirement or (b) a written statement by a member of the regular faculty that the paper as it stands would satisfy the Requirement’s standards for quality, length and type. Without such indication, the student must obtain substantive as well as topic review of the written work from a core IP faculty member.

Students receiving a 3.5 grade point average in courses taken from Exhibit A and Exhibit B will be certified as earning honors in the concentration. All courses and seminars taken from Exhibit A and B that could count toward the concentration will be considered when determining honors unless, by the end of the applicable add/drop period, a student designates, in writing, that the student does not want a course/seminar that is taken that semester to count towards the concentration. This “opt-out” provision does not apply to courses/seminars that are needed to satisfy the minimum concentration requirements.

To ensure maximum flexibility for students in their future career decisions, the transcripts of students who elect the Intellectual Property Concentration will not reflect the concentration; rather, the BU Law Registrar’s Office will separately record completion of the concentration and honors in the concentration and will make available official documentation of completion of the concentration and of honors.

Important Note about Concentrating in Intellectual Property

A technical background can be useful in obtaining intellectual property jobs. It is not a requirement, however. Many areas of intellectual property practice do not require such a background. Nevertheless, some firms that view themselves as “intellectual property firms” are primarily patent firms and are not interested in hiring people unless they can practice on the science side of the intellectual property field. Speaking more generally, a science or technical background is probably required for patent prosecution (interacting with the U.S. Patent Office, e.g., to obtain a patent), while it is usually unnecessary for patent litigation.

Faculty

Our internationally-known faculty of IP scholars include:

Professor Wendy Gordon is the faculty advisor for the Intellectual Property Concentration. Students who have questions about the substantive aspects of the concentration may contact Professor Gordon (617-353-4420). Questions concerning the administrative details should be directed to Associate Dean for Student Affairs Gerry Muir.