Cardozo School of Law & CIPTC Present: U.S. Intellectual Property Law
Summer Program in Beijing, China
July 8th - August 2nd, 2019
Over the past 200 years, a variety of laws have developed within the United States to give intellectual works the same protections that real estate or other forms of "property" enjoy under the law. Indeed, intellectual property can be bought or sold just like a house or a car. Intellectual property can even be leased out.
Significantly, where property such as machines may have once been the primary source of a company's worth, in today's economy much of a company's worth comes from the ownership of intellectual property. What do you think the value of the trademark for Coke™, Microsoft's Windows operating system, or the rights to the movie ‘Gone with the Wind’ are worth, for example? Attorneys are generally involved in protecting this type of intellectual property, and their involvement could be in any one of numerous areas of the intellectual property field.
U.S. federal IP law is directly permitted by the Constitution for copyrights and patents. For trademarks and other forms of IP, the federal government only has the authority to make law via its ability to regulate commerce. Furthermore, when granting Congress, the ability to create copyright and patent law, the Constitution does so with an explicit purpose, “to Promote the Progress” of the relevant fields. This statement is understood as grounding American IP law in the idea of promoting economic benefit and increasing the amount of innovation and creative works available to people.
This four-week summer program in Beijing is designed to give IP professionals in China the fundamentals of U.S. IP law, in a flexible and convenient way, at the end of a business day in Beijing.
For 12 consecutive years, Cardozo School of Law – Yeshiva University in New York City and China IP Training Center have successfully executed excellent IP training programs for Chinese executives in Beijing and New York. For the first time this July, this exclusive program will be available to all IP professionals in China.
Cardozo School of Law – Yeshiva University is consistently recognized as a leader in intellectual property and information law. With a foundation in theory and policy, our faculty and students thrive on asking questions about evolving issues and developing answers that meet current needs. Cardozo offers one of the most diverse intellectual property and information law program in the country, with expertise in science, emerging technology, information, internet and cybersecurity, entertainment law and much more. Our faculty are committed to leadership at the forefront of legal issues that arise as innovation continues to shape the future.
*Participants can purchase the whole program, or on a weekly basis. A certificate will be available for the weekly participants as well.
July 8th to July 11th - INTRODUCTION TO U.S. LEGAL SYSTEM
5:30 PM – 9:00 PM WITH PROFESSOR EDWARD STEIN
This section will introduce you to the basics of the American legal system, including the structure of the federal system, the operation of the courts, the use of legal precedent, and methods of reading, analyzing, and synthesizing case law. Highlights:
- The U.S. Constitution; Separation of Powers
- Components of US Law; Case; Judges; US Court Systems
- Elements of a Case; Res Judicata; Claim Preclusion
- Reading and Briefing a Case
- Reading and Briefing Cases; Statutory Interpretation
July 15th to July 19th - U.S. PATENT LAW
5:30 PM – 8:30 PM WITH PROFESSOR MICHAEL BURSTEIN
This section will introduce you to the basics of United States patent law. We will discuss the process of obtaining a patent from the U.S. Patent and Trademark Office; the legal prerequisites to patenting an invention; the legal, commercial and practical considerations involved in developing and protecting new technology; and the issues involved in determining and proving patent infringement. No technical background is required. Highlighted topics:
- Patentable Subject Matter
- Utility and Disclosure
- Infringement and Remedies
July 22nd to July 26th - DESIGN LAW
5:30 PM – 8:30 PM WITH PROFESSOR CHRISTOPHER J. BUCCAFUSCO
This section will offer a doctrinal and practical overview of the legal protections available to product design, industrial design, and fashion design based on United States design patent, copyright, utility patent, and trade dress laws. Students will be introduced to the substantive features of these legal regimes, what they cover and what they do not, and the ways in which they interoperate. Non-U.S. jurisdictions will be addressed occasionally for purposes of comparison. Topics include:
- Theoretical justifications for design protection
- The requirements for design patent, copyright, and trade dress protection for designs
- How each of these fields handles issues of functionality and utility
- The nature of the infringement rules for each doctrine
- Discussion of other legal regimes that influence design, including environmental law, disability law, and tort law
July 29th to August 2nd - U.S. TRADEMARK LAW
5:30 PM – 8:30 PM WITH PROFESSOR FELIX WU
This section includes an introduction to U.S. trademark law, as well as coverage of broader aspects and issues in the U.S. intellectual property system, using examples from both trademark law and beyond. Topics covered include:
- Overview of U.S. Trademark Law
- Trademark Registration and Procedures
- Forms of Trademark Liability
- Domain Name Disputes
- Secondary Liability
China Intellectual Property Training Center
Cardozo School of Law - Yeshiva University