China has presented unprecedented business opportunities as well as unique challenges over the past few decades. And this dynamic landscape will further intensify in the new normal of COVID-19. This two-credit course will provide an overview of the underlying policy, economic and legal frameworks, highlight recent developments on IP protection and enforcement, antitrust and other regulatory compliances in particular. Guest speakers (in-house counsel and law firm practitioners) will share their experiences from doing business in connection with China, as well as offer best practices on culture intelligence and negotiation skills needed to be successful. The course will also explore growing areas that may lead to robust opportunities in China.

Each class will cover a Federal Circuit Decision and the certiorari petition filed in U.S. Supreme Court. The second hour of the class will be a complete and exhaustive discussion of the U.S. Supreme Court Opinion and the oral argument at the Supreme Court.

This course will focus on general licensing concepts and principles, as well as more creative licensing arrangements involving the licensing of patents, trade secrets and trademarks. The course will provide an emphasis on understanding and drafting key licensing clauses, valuation and royalty determinations, antitrust and misuse problems, international licensing, negotiation strategies including understanding the role of the lawyer and client, and administration of license agreements. The course will address various licensing scenarios including licensing in (your client licenses from a third party), licensing out (your client licenses to a third party), university licensing and collaborative licensing arrangements. The course may involve legal research in select areas and hands-on negotiation as part of the grading. A technological background is not a prerequisite, but preferred. Some knowledge of intellectual property law (patents, trade secrets and trademarks) is necessary for this course. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

The goal of this course is to review trademark and other state and federal law designed to protect commercial goodwill; to explore the tension between trademark and related rights as intangible commercial property, on the one hand, and as devices to further competition and to prevent consumer deception, on the other; to explore trademark-related issues raised by commerce and speech on the Internet; to evaluate the rights of authors, artists, and other celebrities to trademark-like protection of their personae; and to analyze advertising claims against the backdrop of consumer perception. (The U.S. is a common law country in which trademarks are established through use and not registration. This course does not address the process for federal trademark registration; rather, it approaches trademark law from the standpoint of establishing trademark validity and enforcing valid trademarks through litigation or other dispute resolution mechanisms.) Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 70%; midterm exam, 30%. This course may be taken for an S/U grade.