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LAW (W76)  (Dept. Info)Law  (Policies)
W76 LAW 801SPropertizing Thought Seminar: Intellectual Property and the Workings of the Human Mind3.0 Units
Description:Enrollment limit: 16. The notion that law treats human thought as a resource that can be commodified and subjected to property rights is likely to be greeted at first impression with either skepticism-law doesn't really do that-or revulsion-law shouldn't do that. Focusing principally, but not exclusively, on intellectual property law, this seminar will question both of these responses. Whether intellectual property law treats human thought as a propertizable commodity and whether it should, of course, hinge on what it means to propertize thought. What is the relationship between the property rights generated by intellectual property and the workings of the human mind? These definitional questions will loom large in this seminar. One of the premises of the seminar is that intellectual property law already propertizes thought in an indirect manner on a routine basis. Trademark law protects a trademark owner's interest in "good will," a phenomenon which is nothing but the collective mental impressions that consumers have about a product. Copyright law clearly restricts freedom of speech insofar as public performance of a copyrighted work requires the copyright owner's permission, and freedom of speech and thought are tightly interconnected. Patents that recite human, mental steps at the point of novelty are today sanctioned as both valid and enforceable. To the extent that intellectual property doctrines already propertize thought at least on an indirect basis, are any of these doctrines problematic because they impinge on the freedom of thought that should be preserved? If not, what types of hypothetical intellectual property rights would go too far and propertize thought in a way that would be objectionable? Why, precisely, would they be objectionable? The seminar will be structured in two parts. During the first half of the semester, students will read, present, and discuss articles and cases chosen by the professor. During the second half of the semester
Attributes:
Instruction Type:Classroom instruction Grade Options:C Fees:
Course Type:HomeSame As:N/AFrequency:None / History
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Q=ME Q (Medical School)

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No section found for SP2025.