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LAW 247 - Intellectual Property Law
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JOHNSON COUNTY COMMUNITY COLLEGE
BUSINESS DIVISION
LEGAL STUDIES
COURSE OUTLINE

 

Title: Intellectual Property Law Effective Term: Spring 2009
Number: LAW 247 Credit Hours: 3 Contact Hours: 3
Course Type: Career Lecture Hours: 3 Lab Hours: 0

Description:

In this course, students will learn the various forms of intellectual property. The emphasis in the course is on the functions of the paralegal in an intellectual law practice and on the preparation of related documents. 3 hrs. lecture/wk.

Supplies: Refer to the instructor’s course syllabus for details about any supplies that may be required.

Prerequisites: Paralegal program students - admission
to the paralegal program or division administrator
approval. Legal nurse consultant students -
LAW 225 Legal Nurse Consultant Profession
and
LAW 121 Introduction to Law

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

  1. Explain the basic concepts of intellectual property law.
  2. Discuss the elements of copyright law, including rights, limitations and ownership.
  3. Identify the requirements for copyright registration.
  4. Assist in the handling of copyright disputes.
  5. Explain the various aspects of trade secrets.
  6. Discuss the elements of trademark law.
  7. Perform various functions involving trademark administration and protection.
  8. Explain the elements of patent law.
  9. Assist in the patent application process and litigation.

Content Outline & Competencies:

I. Overview of Intellectual Property Law
   A. Describe the types of intellectual property law
   B. Explain ethical considerations
   C. Contrast various recording and registration requirements
   D. Differentiate between intellectual property and others forms of
property
   E. Outline fundamental requirements for the protection of various types
of intellectual property

II. Basics of Copyrights
   A. Identify the sources of copyright law
   B. Explain what is entitled to protection under copyright law
   C. Explain the different categories of works, derivative works, and
compilations
   D. Describe excludible materials not protected by copyright laws

III. Rights and Limitations of Copyrights
   A. Discuss author rights
   B. Differentiate between reproduction and adaptation rights
   C. Analyze the use of copyrighted works under fair use principles
   D. Outline limitations on rights granted for nonprofit and educational
purposes
   E. Describe the rights of an owner of a copy of a computer software
program

IV. Fundamentals of Copyright Ownership
   A. Explain differences between author and owner rights, including joint
rights
   B. Differentiate between various types of transfers of copyright
ownership
   C. Understand methods for creation of works for hire
   D. Explain procedures and requirements for registering transfers of
ownership
   E. Determine time limitation for copyright protection

V. Copyright Formalities and Registration
   A. Identify proper copyright notice placement and forms
   B. Discuss ramifications for omission of copyright notice
   C. Explain advantages of copyright registration
   D. Apply copyright registration techniques to particular situations

VI. Copyright Disputes
   A. Describe elements of copyright infringement
   B. Identify available remedies and defenses
   C. Assist in preparation of various dispute documents
   D. Assist in the discovery process
   E. Interview a client involved in a copyright infringement lawsuit
   F. Prepare for a copyright infringement trial

VII. Trade Secrets
   A. Differentiate trade secret protection from copyright and patent
protection
   B. Identify examples of trade secrets
   C. Locate sources of trade secret law
   D. Assist in the preparation of a confidentiality agreement
   E. Discuss the provisions of a covenant not to compete agreement
   F. Review a company’s trade secret precautions

VIII. Principles of Trademarks
   A. Differentiate between goodwill and a trademark
   B. Differentiate between a trademark, a service mark, and work
certification mark
   C. Determine what is and what is not protected under trademark law
   D. Differentiate a geographically descriptive mark and a geographically
certification mark
   E. Understand the rights associated with a trade name and trade dress
   F. Discuss the relationship between the federal Lanham Act, state
trademark laws, and the common law

IX. Selecting, Evaluating, and Registering Trademarks
   A. Outline methods for evaluating a proposed trademark
   B. Identify goods and services associated with a trademark
   C. Use screening procedures in the evaluation of a proposed trademark
   D. Perform a preliminary analysis of a trademark search
   E. Determine applicable statutes and limitations
   F. Assist in the preparation of a federal trademark application and
processing
   G. Identify appropriate state trademark statutes and registration
information

X. Trademark Administration and Protection
   A. Prepare trademark maintenance and administration files
   B. Calendar appropriate deadlines
   C. Understand basic principles of trademark use
   D. Outline basic types of trademark proceedings
   E. Differentiate basic claims and defenses in trademark infringement
litigation
   F. Compare United States and international trademark laws
   G. Understand remedies for trademark infringement

XI. Rights and Limitations of Patents
   A. Locate sources of patent law
   B. Explain the basis for patent protection
   C. Describe the various types of patents
   D. Explain patent rights and limitations
   E. Differentiate between a design patent and a copyright
   F. Discuss the principle of nonobviousness
   G. Identify an article of manufacture, a machine, or a process
   H. Prepare an assignment of patent rights

XII. Patent Research, Applications and Disputes
   A. Explain the patent search process
   B. Prepare the elements for a patent application
   C. Discuss patent infringement
   D. Draft a patent licensing agreement
   E. Identify types of injunctive relief available in patent litigation
   F. Identify the elements of the patent specifications    

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of three examinations               60% of grade
A minimum of five applications & assignments  40% of grade
  Total:                                     100%

Grade Criteria:

 A = 90% - 100%
 B = 80% -  89%
 C = 70% -  79%
 D = 60% -  69%
 F = Below  60%

Caveats:

  1. Computer Literacy Expectations: Students will need basic word processing and Internet search skills for the completion of some papers, exercises and projects.

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.