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IP assumes a fundamental division between expression and function, institutionalized in the separate forms of copyright and patent protection. Most of the created objects that we encounter in our daily lives, however – from the buildings in which we live to the clothes we wear to the icons on our computer screens – combine aesthetic, expressive, and functional elements.
This seminar explores the concept of design as it relates to intellectual property law, including the domestic and international doctrines and mechanisms that address the perceived gap between art and craft. In the process, we will examine the theoretical underpinnings of IP law itself, along with the ways in which creative industries raging from fashion design to information technology to architecture (and many others) have responded to the challenges of the IP regime. Paper required.
Pre- or Co-requisite of either intellectual property law, at least one of the primary courses within the intellectual property field (copyright, patent, trademark), or equivalent professional experience.