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2010/2011  KAN-CM_M83  Intellectual Property Law from a Market Perspective

English Title
Intellectual Property Law from a Market Perspective

Course Information

Language English
Point 7,5 ECTS (225 SAT)
Type Elective
Level Full Degree Master
Duration One Semester
Course Period Autumn
Pending schedule: Week 36-41, 43-46: Friday 13.30-16.05
Time Table Please see course schedule at e-Campus
Study Board
Study Board for MSc in Economics and Business Administration
Course Coordinator
Robin Herr - reh.jur@cbs.dkSecretary Trine Buch - tb.jur@cbs.dk
Main Category of the Course
  • Business Law
  • Corporate and Business Strategy
  • Innovation and entrepreneurship
  • Management of Information and Knowledge Management

Taught under Open University-Taught under open university.
Last updated on 29 maj 2012
Learning Objectives
1. Demonstrate an understanding of the general principles and specific rules of intellectual property law that affects business
2. Intelligently discuss legal problems that may arise in attempting to protect and promote a businesses’ intellectual property
3. Thoughtfully select and persuasively apply the law in order to resolve specific legal problems encountered by such businesses
4. Thoughtfully reflect on the strategic problems and propose solutions for companies seeking to best utilize their intellectual property.
- No academic prerequisites are necessary or expected. - However, students who have completed CBP03 Legal Risk Management and Intellectual Property Law are not eligible
Individual oral exam on the basis of a group mini project.
Exam Period Winter Term
Prerequisites for Attending the Exam
Course Content

Every successful business, whether in marketing, product design, services or any other industry, must strategically use its intellectual property. Intellectual property law can be employed to promote company brands, capture value for inventions, protect product designs and reap benefits from creative works. The bottom line is that strategic use of intellectual property spells money for a company.

This course is designed to teach the legal basics of intellectual property law and of how the law can be employed not just to protect but to promote a business. Students will first learn the principles and legal rules of how to qualify, protect and promote trademarks, patents, copyrights and industrial designs. For example, a fancy pen with a pattern of an artistic work could involve industrial design for the appearance of the product, copyright for the artistic work, patent for any invention and trademark for any logos.

Once a grounding in legal basics has been achieved, the class will learn how intellectual property can best be exploited whether by the company itself, through various forms of licensing, or through joint ventures. In this section of the course, students will grapple with critical choices regarding how best to maximize returns on intellectual property. Such strategic issues include the following:

· IP audits: What steps should be taken to ensure that a company’s IP is best utilized?

· Patents: How and when should businesses act to protect the knowledge arising from an innovation?

· Trademarks: How can trademark law better promote the brand experience?

· Copyrights: Should pirates be sued or co-opted as customers?

The course’s development of personal competences:

1.Enhance ability to apply legal analysis to critical business problems
2.Improve rhetorical, persuasive and other skills needed to argue successfully both in written and oral form
3.Increase experience in group work

Teaching Methods
The teaching will comprise lectures (including guest lecturers) and interactive forms of teaching such as negotiating, advising clients, resolving business problems and arguing cases. The aim is to go into depth to familiarize students with concrete solutions to legal problems businesses confront when seeking to maximize returns from their intellectual property.
As a supplement to the lectures, students will be asked to form groups and select a case company which will comprise the basis of their mini project. For each stage of the course, students will be given specific questions in order to explore the relevant legal and strategic issues central to their company. Thus, the mini project will both deepen students’ understanding of intellectual property law and their ability to successfully exploit their intellectual investments.
  1. Excerpts from Roger Miller, William E. Hollowell, Business Law: Text and Exercises (West Legal Studies in Business, latest edition).
  2. Excerpts from MacQueen:Contemporary Intellectual Property Law and Policy (Oxford University Press, 2010)
  3. Excerpts from European Court of Justices cases, and EU Directives
  4. Scholarly articles on the subject areas covered.

The final reading list will appear in the semester plan.