Patents and Licensing Agreements

This module provides an introduction to basic concepts of patent law, trade secret law and the law of licensing agreements. It consists of two lectures: "Patents and trade secrest" and "Licensing".
Topics covered are:
1) Patents and trade secrets
a) Patent law
- subject-matter under protection and prerequisites
- proceedings before the Patent Office
- legal effects of a patent
- the inventor's right to the patent
- assignment and licensing
- enforcing a patent
- termination of a patent
b) Trade secret law
2) Licensing:
- economic purposes
- license agreement: basic content
- pitfalls in licensing projects
- antitrust issues

At the end of this lecture students will be able to,
1. understand the basic principles of patent law and trade secret law,
2. grasp the legal framework of business activity
3. analyse legal implications of typical business situations and to identify their options,
4. present the results of their analysis in a written memorandum.

German Business Law 1 and 2 (WI0000027, WI0000030) or corresponding knowledge.

The lecture will cover the theoretical aspects of the module in a discussion with the lecturer. It will also provide the opportunity to work individually or in groups an case scenarios (known and unknown), covering issues of patent law, trade secret law and the law of licensing agreements. The purpose is to repeat and to intensify the content discussed in the lecture and to revise and evaluate legal issues from different areas of law in everyday situations. Students will develop the ability to present these findings in a concise and well-structured written analysis.

Reader, presentations (PPT), cases (Including model answers)

Kraßer/Ann, Patenrecht
Ann/Loschelder/Grosch, Praxishandbuch Know-how-Schutz

In the final assessment students will need to demonstrate to what extent they have met the learning objectives. This assessment will be held as a written exam of 120 minutes. Students will be asked theoretical questions. This will demonstrate to what extent they have memorized and understood principles of patent law, trade secrets law, and of the law of licence agreements.
Students will also be asked to apply their knowledge to known and fictional cases. This second part demonstrates if students have developed the required legal analytical skills. Students also need to demonstrate their ability to apply their knowledge to fact settings not discussed in the lecture, and to evaluate the legal consequences.