Summer Programs

Topics & Schedule

Treat current issues from practice

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.

Schedule

In place of traditional coursework, the program is composed of 18 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.

Two SITE WORKSHOPS to 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 2016, participants explored legal challenges surrounding online video services and developed a business plan for the implementation of a redesigned airplane beverage trolley (designed to maximize space efficiency and tackle challenges of waste sorting and disposal). The 2015 cohort explored challenges encountered in 3D printing and the digitization of materials and cultural artifacts; the 2014 cohort addressed digital media rights and the licensing of technologies associated with transporting consumer goods.

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.

Topic List 2018

Description

This session will offer a brief overview of German Contract Law with particular attention paid to aspects of declaration of will, key principles such as the principle of separation and abstraction and an important case when a declaration of will is void. The second portion will introduce the subject and core concepts as they apply to the field of IP law. This session will highlight problems of contracts that may pass licensees from one subject to another. In the field of IP law, this process is quite particular as the German treatment of copyright law is constructed primarily as a special part of tort law, which usually follows other rules and principles.

Lecturer

Prof. Dr. Jens Prütting
Bucerius Law School

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Description

This session will first briefly review the fundamentals of United States contract doctrines applicable to intellectual property licensing, emphasizing those doctrines characteristic of the common-law regime, and those especially significant in licensing contracts. It will then explore the limitations imposed on intellectual property licenses due to the relationship between Federal and State law in the United States, such as Federal intellectual property policy, antitrust, and bankruptcy.

Lecturer

Prof. Dr. Jeffrey Lefstin
UC Hastings College of the Law

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Description

This session will cover the essentials of United States patent law, including the process of obtaining and adjudicating patent rights, the statutory requirements of patentability, claim interpretation, infringement, and remedies. More in-depth attention will be paid to the current state of patent-eligible subject matter and the exhaustion doctrine.

Lecturer

Prof. Dr. Jeffrey Lefstin
UC Hastings College of the Law

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Description

Following a very brief survey of the differences in fundamental trademark protection requirements in the EU and the US, this session will focus on cutting-edge developments in trademark law, including protection of non-traditional marks and functionality issues, and conclude with certain license considerations specific to transfers of trademark rights in the US.

Lecturer

Prof. Dr. Dana Beldiman
Bucerius Law School
Squire Patton Boggs (USA)

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Description

The principles of IP rights and competition are frequently seen as antagonistic. Technology transfer agreements, like patent licenses, normally contain clauses which restrain one party or both in competition. They therefore have to be checked against the antitrust regulations of the countries in which they are executed.

This session will explore the relationship of IP rights and competition and explain the regulation of competition law in the EU and parallel rules in US antitrust law.

Lecturer

Prof. Dr. Theo Bodewig
Humboldt University (Germany)

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Description

This session will focus on consortium licensing among industry participants and the need to address FRAND ("fair, reasonable and non-discriminatory") provisions in such licenses. As such licenses are routinely scrutinized by enforcement agencies and other watchdog groups for anticompetitive and other effects, it is imperative for the attorney practitioner to be aware of the current trends in enforcement and patent analysis, including the repercussions on any standard-setting organizations.

Lecturer

Andrew Lupu
Axiom (USA)

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Description

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.

Lecturer

Prof. Dr. Karsten Thorn
Bucerius Law School

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Description

This session will focus on current issues in intellectual property ownership for software, whether Commercial Off-The-Shelf (COTS) licenses, government-funded licenses, or for custom-developed software, as well as the United States copyright concept of "work made for hire" and the economic realities of such provisions. Based upon historic examples drawn from everyday practice experiences, the class will center on analytics of such relationships and the cost-benefits of each approach and associated negotiation concepts.

Lecturer

Andrew Lupu
Axiom (USA)

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Description

Software, one of the key building blocks of the modern world, is transacted as part of almost every license agreement. Software is commonly protected by copyright law. This session will discuss protectability of computer code under copyright laws in the EU and the US, the scope of permissible unauthorized use of computer code, as well as certain software-related license provisions of IP related transactions.

Lecturer

Prof. Dr. Dana Beldiman
Bucerius Law School
Squire Patton Boggs (USA)

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Description

This session will provide an introduction to and tips for effective drafting as well as practice drafting clauses. You will explore legal drafting language and style as well as principles of interpretation. Regarding the structure of a contract, you will work with definitions, the grant clause, law and jurisdiction and boilerplate clauses.

Lecturer

Lezel Roddeck
Bucerius Law School

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Description

Trademarks are one of the most valuable assets in a business. This session will cover the essentials of EU Trademark Law including requirements of registrability of EU trademarks and best filing strategies. The session will further focus on how to exploit and enforce your EU trademarks against infringers and will offer insights from practice on how to successfully manage a trademark portfolio in Europe.

Lecturer

Prof. Dr. Alexandra von Bismarck
Fieldfisher LLP (Germany)

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Description

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.

Lecturer

Christian Stoll
Hogan Lovells (Germany)

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Description

Licensing deals in the biotech/pharma sector are one of the most complex and most valuable IP transactions. 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 licensing and negotiation issues of biotech/pharma license deals. 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.

Lecturer

Dr. Jochen Dieselhorst
Freshfields Bruckhaus Deringer (Germany)

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Description

Negotiation is omnipresent in the professional life of a lawyer and business person. This session will guide you through the essentials of the Harvard Principles as well as typical (detrimental) negotiation dynamics and teach you how to avoid them.

The session is designed to best prepare you for the real life negotiation scenario at the end of the summer program and for your (later) professional practice. You and your peers will receive various input and get involved in several group activities to explore the content as deep as possible in the short amount of time.

Lecturer

Dr. Jo Beatrix Aschenbrenner
Bucerius Law School

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Description

This session is by video link with San Francisco. Two practicing attorneys, specialized in international transactions, will guide the group through the negotiation of a cross-border license transaction between a German and a Silicon Valley company. The attorneys will each assume the roles of licensor and licensee, respectively. They will each seek to negotiate IP-related clauses that are favorable to their respective client, making appropriate arguments in support.

Lecturers

Shinichiro Iwata
Squire Patton Boggs (USA)

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Dr. Siegmar Pohl
Squire Patton Boggs (USA)

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Description

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. This includes subject matters of license contracts, types of licenses as well as basic clauses when drafting license contracts. 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-licenses and their fate in the event of the termination of main licenses.

Lecturer

Dr. Annemarie Bloß
DLA Piper (Germany)

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Description

This session will discuss quality control in trademark licensing. The presentation will focus on case law from the US (where quality control has emerged as a key licensing issue) as well as the UK and other Commonwealth jurisdictions.  Based on case studies of multinational companies in India, the presentation will include a hypothetical to illustrate the relevance of quality control clauses in international licensing agreements.

Lecturer

Prof. Arpan Banerjee
Jindal Global Law School, India

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