2014 Mitchell Summer IP Institute Brochure

Summer Intellectual Property Institute William Mitchell College of Law St. Paul, Minnesota, USA

July 17–August 1, 2014

Study the principles of patent, trademark, and trade secret law Presented by the Intellectual Property Institute at William Mitchell College of Law

wmitchell.edu/SummerIP

Learn United States Patent and Trademark Law in Fewer than Three Weeks The William Mitchell College of Law Summer Intellectual Property Institute provides a rigorous introduction to the principles of patent, trademark, and trade secret law. In fewer than three weeks, you will learn how the law applies in U.S. and international practice.

In addition, you will explore contemporary issues that are testing the limits of intellectual property law and will have a major impact on the law’s future. Your studies will focus on prosecution, litigation, licensing, and management of intellectual property as well as international and comparative law.

You will study at one of the leading intellectual property law institutes in the United States with faculty who are internationally recognized teachers and scholars.

William Mitchell College of Law is located in the Twin Cities of Minneapolis and St. Paul, Minnesota.

The area is a major national center for business, agribusiness, medicine, technology, media, and the performing arts. The Twin Cities is home to 18 Fortune 500 companies, 130 art galleries, 35 museums, hundreds of parks, dozens of fresh-water lakes, and professional sports teams including the NBA’s Minnesota Timberwolves and Major League Baseball’s Minnesota Twins.

What You Will Learn Introduction to US and the Common Law

Current Issues in Patent Law and Patent Ethics

Federal vs. State Jurisdiction

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Gene and Pharmaceutical Patenting

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Role of the Judiciary

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Software and Business Method Patenting

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The U.S. Legal and Business Culture

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Protection of Traditional Knowledge

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The problem of patent trolls

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Principles of Patent Law under the America Invents Act l

First Inventor to File

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Novelty and Nonobviousness

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Disclosure

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Patentable Subject Matter

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Scope of Protection

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Post-Grant Procedures

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Design and Plant Patents

TRADE Secret Protection l

Principals of Non-Disclosure

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Policies and Guidelines

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Enforcement and Remedies

Trademark Law under the Lanham Act and the Common Law Distinction between the concepts of Trademark, Trade Dress, and Unfair Competition

Enforcement Basis for Trademark Infringement

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l Trademark Counterfeiting vs. Gray Market Goods

Use of Sampling and Expert Witnesses Remedies, including Injunctive Relief Relation with Domain Names under UDRP l

l Role of the Trademark Trial and Appeal Board

Opposition Proceedings

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International and Comparative Trademark Practice Madrid System for the International Registration of Marks l

EU Community Trademark

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Enforcement l

Infringement

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Remedies and Defenses

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Claim Drafting and Patent Prosecution

International and Comparative Patent Practice Filing under the Patent Cooperation Treaty (PCT) l

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Filing in the European Patent Office

Patents and Business Strategy l

Licensing and Technology Transfer

Patent Valuation and Portfolio Management l

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Use in Commerce

Registration vs. Common Law Protection

Trademarks and Business Strategy Role of Trademarks in Branding

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l Notions of Distinctiveness, Descriptiveness, and Secondary Meaning l

Scope of Trademark Rights

Role of the Trademark Trial and Appeal Board

Trademarks and Goodwill

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Trademark Licensing and Franchising

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Trademark Usage

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Trademark Monitoring

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Opposition Proceedings

Current Issues in Trademark Law and Practice Well-Known/Famous Marks

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Deceptive Advertising

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l Non-Conventional Trademarks, including Sounds, Smells, Colors, and Shapes

Optional Third Week (Aug. 4-8)—Observe the Practice of an American law firm or business Students interested in seeing how an American law firm or business practices intellectual property law may participate in a third week of the Summer Intellectual Property Law Institute. Students who choose the optional third week will visit American law firms and businesses, where they will observe the work of practicing intellectual property attorneys.

Tuition Tuition for the Summer Intellectual Property Institute is U.S. $2,950.

Tuition includes the cost of instruction, library and computer access, and instructional materials.

It does not include travel, lodging, food, or the cost of obtaining visas and/or other travel documents.

Housing William Mitchell College of Law will make reasonably priced, single-occupancy housing available to students participating in the Summer Institute.

For more information about housing options, prices, and locations, visit wmitchell.edu/SummerIP.

Registration The registration deadline for summer 2014 is Thursday, May 15, 2014.

To register, please complete the enclosed registration form and return it to: Ms. Yan Lingyu (晏凌煜) Intellectual Property School East China University of Political Science and Law zlylyzl@163.com Registration forms may also be downloaded at wmitchell.edu/SummerIP.

Please direct questions about William Mitchell’s Summer Intellectual Property Institute to: Meg Daniel, Program Administrator, Meg.Daniel@wmitchell.edu

Summer Intellectual Property Institute Faculty, Professors, and Attorneys William Mitchell Faculty Jay Erstling Program Director Professor of Law, William Mitchell College of Law l Past Director of the Patent Cooperation Treaty in Geneva, Switzerland l Past Advisor to the Director General of the World Intellectual Property Organization l

DISTINGUISHED AND Visiting Faculty The Honorable Randall Rader Chief Judge, Federal Circuit Court of Appeals, Washington, D.C.

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Michael D. Schumann Founding Partner and Managing Director, Hamre Schumann Mueller Larson LLP l Member, William Mitchell Intellectual Property Institute Advisory Board l

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R. Carl Moy Professor of Law, William Mitchell College of Law l Former patent examiner for the U.S. Patent and Trademark Office l Author of “Moy’s Walker on Patents” l

Kenneth L. Port Professor of Law, William Mitchell College of Law l Author of numerous publications on trademark law l

Amy Xu Partner, Hamre Schumann Mueller Larson LLP Member, William Mitchell Intellectual Property Institute Advisory Board

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James H. Patterson Managing Partner, Patterson Thuente IP Member, William Mitchell Intellectual Property Institute Advisory Board

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Alan W. Kowalchyk l

Partner, Merchant & Gould

Susan Prohofsky Krelitz l l

Adjunct Professor of Law, William Mitchell College of Law Assistant Director, William Mitchell Intellectual Property Institute

Jay Erstling, Program Director

R. Carl Moy, Professor of Law

About William Mitchell College of Law l

Located in St. Paul, Minnesota

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Founded in 1900

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11,000 alumni working around the world

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800 students

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Law school of Warren E. Burger, the 15th

Chief Justice of the United States l

One of a select group of law schools

in the country with students permitted to file applications before the U.S. Patent and Trademark Office

01248 2014-03

William Mitchell College of Law 875 Summit Avenue St. Paul, Minnesota 55105 651-290-6425