Given global markets and the ease at which patented inventions, trademark-protected goodwill, and copyright-protected works cross borders, intellectual property infringement litigation increasingly takes on a cross-border dimension. This course explores cross-border issues that may arise in intellectual property infringement litigation. These include (1) the principle of territoriality of intellectual property rights versus the extraterritorial enforcement of those rights, (2) the issue of exhaustion of IP rights and parallel imports, (3) choice of forum (such as whether a U.S. court has jurisdiction to hear a claim that a foreign website is infringing copyright), (4) choice of law, (5) enforcement and recognition of foreign judgments, (6) foreign discovery and discovery in the U.S. for foreign IP claims, (7) cross-border injunctions and damage awards, (8) anti-suit injunctions, and (9) internet domain name arbitration.
Remote instruction for spring 21 will consist of recorded lectures and class discussion via an asynchronous chat room and a weekly live Zoom meeting. Students must participate in discussion but may choose to do so via chat or the Zoom meeting, or both.This is an advanced intellectual property course. It is limited to students who have previously taken or are concurrently taking either an intellectual property survey course or at least one introductory course in copyright, patents, or trademarks.