Topics in Intellectual Property (Assaf)
Faculty
|
|
| Katya Assafkatyaa@law.upenn.edu |
Additional Information
Skills Training
Expository Writing
Grading
20% Participation,
80% Paper
No
Class meets in person.
Meeting Times/Location
MWF 1:30PM - 2:50PM
Tanenbaum Hall 253
Category
Upper-Level
Credits
1.0
This short course will focus on the distinctive features of Intellectual Property in the United States and Germany. These two legal systems are remarkably different in their philosophical perceptions of work – as “human capital” (following Adam Smith) or as an integral part of one’s personality (following Hegel). These perceptions have an important impact on the field of Intellectual Property. Should we regard one’s creation as an economic asset or as one’s “spiritual child”? Is copying another’s creation a desirable activity that enhances market competition or a meritless theft of another’s creativity? The answers to these questions are closely connected to the philosophical perception of the role of work in an individual’s life. Consequently, the US-American and the German legal systems tend to give remarkably different answers to these and many other questions in the field of Intellectual Property. In this course, we will take a glimpse at Intellectual Property regulation in both legal systems, outlining the differences between them and putting these differences into their historical and philosophical contexts. We will also refer to international harmonization of Intellectual Property – in the European and the global context. We will inquire what kind of philosophies are reflected in the international regulation and whether the same international rules are interpreted similarly or differently in the American and German legal contexts.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.