Rochelle C. Dreyfuss

Courses

• International Intellectual Property Law

  Globalization has changed the terms on which modern innovations are developed, enjoyed and exploited. The first part of the course will examine the phenomenon of globalization and focus on the public law framework, including the core international intellectual property (IP) agreements (the Paris and Berne Conventions, the TRIPS Agreement), as well as regional and bilateral instruments (NAFTA/USMCA; EU Directives, the TPP, investment agreements). The Covid 19 pandemic and the need for the rapid development and equitable distribution of treatments and vaccines pose enormous challenges to this system and we will discuss the benefits of the international IP system, its impact on developing countries, and its relationship to international norms on human rights, property rights, and health, in that context. We will also look at emerging issues, such as the protection of folklore and traditional knowledge; at the roles of international organizations such as the WTO, WIPO and WHO; and at issues related to private litigation (applicable law, jurisdiction, and the potential for consolidated adjudication).

  Hybrid Teaching Notes

  This course will be taught to a mix of in-person and remote students at most class meetings.  However, some lectures may be pre-recorded and will be followed by discussions with small groups of  all-remote or all-in person students. Should the number of students preferring to attend class in-person exceed the number of socially-distanced seats in the classroom, we will use rotational cohorts to ensure that every student has the same number of opportunities to come to the classroom.

• Patent Law

  This course focuses on the substantive law governing the acquisition and enforcement of patent rights in light of conflicting and historical views toward the ownership of information. The statutory requirements for patentability are examined under both the 1952 Patent Act (still in force for older patents) and the America Invents Act (which applies to patent applications filed after March 2013). We discuss the extent to which these rules respond to the nature of innovative activity and then go on to consider issues at the enforcement stage: claim interpretation, claim scope, and defenses to infringement. We also examine the relationship between patent rights, antitrust law, and other incentives to innovate. This year, we will also evaluate the system in light of the efforts to find diagnostics, treatments, and vaccines for Covid-19 and ensure their equitable distribution.