Explore key issues facing IP practitioners from both a theoretical and practical approach. Working together with field leaders, you'll take part in topic-based seminars and develop the skills needed to transact intellectual property within a global economy.
In place of traditional coursework, the program is composed of several seminars, each of which focuses on a specific element of practice as it relates to the overarching theme of international IP transactions. Four small-group tutoring sessions reinforce the content addressed in these seminars and allow you to discuss questions that arise as you connect topics.
Practical insights at Airbus and Google
Site workshops at two large global enterprises, Airbus and Google, provide you with an opportunity to see current practice in industry and gain insight into international licensing strategies via discussion with corporate legal teams.
In past programs, workshops held at Google have led participants to explore legal challenges surrounding online video services, digital media rights and the digitization of materials and cultural artifacts.
During day-long excursions to the Finkenwerder Airbus facility and ZAL Centre for Applied Aviation Research, participants have been challenged to apply their creativity and knowledge of different legal regimes in tackling obstacles that face the aviation industry. Working in teams, a past cohort explored challenges encountered in 3D printing and the licensing of technologies associated with transporting consumer goods; members of a different cohort developed a business plan for the implementation of a redesigned airplane beverage trolley (to maximize space efficiency and tackle obstacles surrounding waste sorting and disposal).
Your three-week program culminates in an intensive two-day negotiation workshop to establish terms for a license agreement in a real-life setting. Working in teams of two or three, you will receive a factual scenario containing confidential information. You will be responsible for developing a negotiation strategy and meeting with an opposing team for two successive rounds of negotiation. This workshop will be supervised by IP practitioners from major firms who will coach and critique your performance.
Programming is held five days a week over the course of three weeks and most activities are scheduled between 10 a.m. and 5 p.m.
Taking part in extracurricular activities will enable you to meet participants from other Bucerius Summer Programs and get to know Hamburg and the surrounding area at no additional cost.
Offered through the WIPO eLearning Center, this course provides an in-depth view of the fundamentals of IP law. It is composed of a series of modules treating the following topics:
- Related Rights
- Geographical Indications
- Industrial Design
- WIPO Treaties
- Unfair Competition
- Protection of New Varieties of Plants
- IP and Development - The WIPO Development Agenda
Algorithms and data can be incredibly valuable assets but the legal landscape surrounding these themes is fragmented at best. In this session, we will look at means of protection and licensing of such assets.
This session deals with IP-related European rules on international jurisdiction and conflict of laws (existence and scope of IP rights, infringement, licensing). Where appropriate, a comparison with rules of other jurisdictions will be undertaken.
This session is designed to help you develop strong drafting skills to create clearly enforceable contractual provisions. We will focus on the key principles of effective drafting, draft clauses without the aid of a precedent, and review clauses to identify drafting errors.
AI is improving dramatically, including with respect to its ability to generate works that have been historically protectable by copyright and patent law. Yet, jurisdictions around the world are currently divided with respect to whether and how to provide protection for works generated without a traditional human author or inventor. This lecture will review the evolving international law on subsistence and entitlement to AI-Generated Works, and will address a number of the novel challenges AI presents to IP law and practice.
Technology is at the heart of today's business transactions and intellectual property plays a crucial role in making them successful. This session will provide an overview of how IP is dealt with in a variety of transactions, helping you recognize potential stumbling blocks and providing strategies to manage them effectively. We will discuss how IP rights are handled in the context of various transactions, including M&A activity and joint development agreements.
Research data are essential for the development of new technologies, they feed machine-learning algorithms and are produced in any and all academic institutions. Still, researchers as well as other stakeholders in academia are often unaware of the rights they hold regarding their own data, and how they may use the data produced by others. The session will cover questions pertaining to the generation, ownership and use of research data under copyright law, focusing specifically on academic research. We will delineate the relevant rules of EU copyright law and discuss instruments to improve handling and access to research data.
Blockchain, combined with smart contracts, is expected to revolutionize licensing transactions in intellectual property. After explaining the function and main characteristics of this emerging technology, this session will discuss practical examples of current, in part experimental applications: In particular, we will look at blockchain-based platforms, which promise secure licensing of digital content and use smart contracts to automate such transactions and standardize licensing terms and conditions. Thereby, we will focus on legal and technical opportunities as well as challenges. Topics of this session will include the relevance of the blockchain technology for the issue of digital exhaustion in copyright law, the potential of blockchain and smart contracts regarding the administration and enforcement of IP rights and possibilities to protect features of blockchains as IP.
This unit will provide an overview of problems that attorneys may face while working on IT projects. It will cover rather traditional approaches as well as modern ones. While one part of the session will consist of the presentation and discussion of theoretical concepts, the other part will focus on the practical implementation of such concepts. During the latter part the participants will have the opportunity to practice their skills in simulated negotiations and analyses of IT contracts.
This session will provide an overview of the general structure of license agreements and the most relevant legal aspects of license agreements. Topics of this session will include the underlying principles of international license agreements, the most relevant provisions in license agreements, applicable law, license agreements in litigations and the relevant rules of antitrust and competition law. The session will include many practical examples to provide a good foundation for the program.
An introduction to the various setups of challenges in the legal market chosen to navigate through marketing, regulatory and IP requirements for alternative legal services.
Licensing deals in the biotech/pharma sector are among the most complex and most valuable IP transactions – which are gaining (even) more upwind in view of the rise of former niche technologies like mRNA or cell and gene therapies. Due to the particularities of the biotech/pharma sector, certain standards have evolved to balance the development risk of the licensee with the potential value of the licensed drug candidate.
This session aims to give a practical insight into drafting and negotiation issues of biotech/pharma license deals – taking into account themes and challenges which have emerged in context of the COVID-19 pandemic. It will explain typical clauses to address these on the basis of a license deal template that will be handed out as part of the lecture.
While parties are generally free to choose the terms of their license agreements, the legal regime of most jurisdiction circumscribes that freedom to a greater or lesser degree. These limitations may arise from policies of the intellectual property laws, or from other bodies of law. This class will address some of the more important legal limitations on license agreements, including exhaustion and royalty structure, FRAND obligations, bankruptcy, and antitrust (US) or competition law (EU).
Negotiation is omnipresent in the professional life of a lawyer and business person. This session will present the topic of negotiation on an introductory level and attempt to outline a number of key aspects and principles. Particular focus will be placed on characteristics of effective negotiators, bargaining styles, value claiming (distributive negotiation) and value creation (integrative negotiation). The session aims to give you insight, tools and vantage points that will assist you in completing the negotiation you will undertake in conclusion of the summer program and in your further professional practice. The session will combine discussion, informal lecture and a variety of workshop-style activities.
This session will address practical aspects of IP licensing with a focus on sublicensing. It will address various (typical) constellations of IP license contracts in the daily work of an IP lawyer in a global law firm. The session deals with practical and legal difficulties in the drafting and negotiating of license contracts and will show solutions for the practice. The session also addresses the treatment of IP license contracts in M&A transactions. Finally, a focus of the session is on the legal nature of sub-licences and their fate in the event of the termination of main licenses.
Drawing on extensive experience acquired with Nestlé and in private practice, Dr. Marquardt will talk about values that make licensing transactions develop into synergetic and long-term relationships, beneficial to all parties involved.
License arrangements can be an important tool to strategically contribute to the equity of a brand and the business of a company. To achieve this, considerations that go beyond the mere terms of a contract are essential. It is key to consider, for example, the overall business purpose of the transactions, the competencies of the partners, common goals and interests, and the pursuit of innovation while preserving a company's core competence. All these aspects are important during the preparation of a license relationship, during the negotiations and in the management of the relationship after signature.
This session aims to provide insight into some of the specific trademark-related issues of licensing. We will cover the latest ECJ case law and review relevant legal provisions set out in the UTMR and other legal texts. Additionally, we will discuss provisions of standard trademark licensing agreements that practitioners should integrate (or oppose) when negotiating license deals. As an example for comparative aspects of international licensing this session will cover different approaches to the principle of exhaustion and how the drafting legal professional might react. While previous sessions will have already covered some basics surrounding the technicalities of licensing, this session will be a good opportunity to review and repeat acquired knowledge in the light of trademarks cases.
Successful completion of the program will earn you both a certificate and academic credit
You will be assessed based upon your performance in the two-day final negotiation workshop and on a two-hour written exam.
Though not accredited by the American Bar Association, the program follows the ABA's standards for Student Study at a Foreign Institution to offer you credit for your undertakings; the course has been structured to provide up to 5 ABA credits, taking into account instructional hours and out-of-classroom work.
Please note that the number of credits recognized within your program of study is at the discretion of your home university, e.g., US law schools may award fewer than 5 ABA credits.
If you are seeking to transfer credit, be sure to consult with your home institution before committing to the program to ensure that your participation will be recognized. Your academic advisor may be required to approve a foreign course of study in advance of the program.
European students will have the possibility to collect European Credit Transfer System (ECTS) points. Successful completion of the program will provide up to 10 ECTS points.
All participants who successfully complete the program will receive a certificate of participation and transcript of grades; if you are seeking to have credit recognized toward your degree program, you should explore the policies of your home university in advance of your participation.
Attendance and active participation in at least 80% of program activities (including lectures, seminars, workshops—both on- and off-campus—and group work sessions) is required in order to earn credit for the program.
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