LGS 236 - Intellectual Property Law

3 credit hours - Three hours weekly; one term.
Learn the legal concepts that form the foundation for a basic understanding of the four areas of intellectual property law. Students will study copyrights, trademarks, patents and trade secrets, and their applications in business and the arts. Emphasis will be placed on ethics, research and practice. Upon completion of this course, students will be able to offer valuable assistance to attorneys in this growing field. Lab fee $10.

Prerequisite(s): LGS 111 , LGS 253 or BPA 253.

Course Outcomes:
Upon successful completion of this course, students will be able to:

Define the concept of intellectual property.
- Explain how intellectual property is perceived.
- Explain the rationale for intellectual property.
- Identify the types of intellectual property.
Outline the contribution of intellectual property and human creativity to the social order.
- Describe the Constitutional basis of U.S. copyright law.
- Identify the public good embodied in intellectual property law.
- Describe the judicial support for copyright law at the highest levels.
- Analyze the subtleties and intangible aspects of intellectual property.
- Define the doctrines under intellectual property.
Describe the ethical considerations of intellectual property practice.
- Itemize the areas of confidentiality required of the paralegal in intellectual property law practice.
- Describe the paralegal’s unique relationship with the client in contrast to other areas of legal practice.
- Identify the benefits and inconveniences of ethical behavior in the practice of intellectual property law.
Describe the scope of copyright protection and exceptions.
- Define Copyright.
- Identify protectable works.
- Describe how rights arise.
- Determine the duration of protection.
- Analyze whether a right has been infringed upon.
- Analyze whether a work is being fairly used.
- Identify marking requirements.
Outline the elements of trade secret protection and the defense thereto.
- Define trade secrets.
- Identify protectable secrets.
- Describe how rights arise.
- Determine the duration of protection.
- Analyze whether a right has been infringed upon.
- Determine whether a trade secret has been misappropriated.
Chart the process of patent and trademark searches.
- Describe the power and authority of the U.S. Patent and Trademark Office.
- Chart the steps in a novelty search.
- Describe relevant search methods.
- Describe the patent and trademark applications processes.
Draft a non-competition agreement and /or restriction covenant.
- Define non-compete agreements.
- Describe the legal limitations upon restrictive covenants.
- Research relevant law.
- Identify the elements of a binding and enforceable contract.
- Describe the scope of a non-completion agreement/restrictive covenant.
- Identify the rights and responsibilities of the parties pursuant to a non-competition agreement.
Draft documents for filings, registrations, and licensing.
- Distinguish between the various types of patent, trademark and copyright applications.
- Compare and contrast a divisional application and a non-enabling specification.
- Define the scope of invention in the context of a claim.
- Identify who may file appropriate forms.
Locate applicable federal and state laws.
- Identify primary sources of intellectual property law.
- Identify secondary sources of intellectual property law.
- Breakdown citation components.
- Assess applicability of legal provisions.
Conduct an intellectual property audit.
- Tailor audit questions to fit client.
- Identify scope and nature of audit.
- Interview with managers of target of audit to discuss scope.
- Develop audit questionnaire.
- Gather intellectual property.
- Catalog intellectual property.