Introduction to Intellectual Property Law

This introductory law course discusses current topics in law. Lectures are designed to benefit individuals who work both in and outside the field of law
(e.g., individuals who want to start a business can benefit from this course by developing some "knowledge of the lay of the land" in law).
In today's economy, value no longer centers on "tangible things,” such as land, machinery, and equipment, but instead on invisible and untouchable
assets, such as intellectual property. For example, Apple—now the world's largest company—derives a large part of its value through its branding and
technological capabilities rather than its factory equipment. Accordingly, intellectual property, such as patents, trade secrets, copyrights, and
trademarks, are at the heart of the contemporary economy, especially from a legal perspective. This economy is referred to as the "knowledge
economy.”
Further, due to the nature of the law, it is important to adhere to old principles and basic ideas even when it comes to the latest topics. As such, this
course will explain the basic concepts of law using current issues. For example, when it comes to contracts, the most familiar ones have to do with
"buying and selling,” such as buying things at a store or "leasing" a room in a boarding house—these issues normally come up in introductory law
courses. However, in this course, we use celebrity appearance contracts and copyright license agreements to explain how contracts are used in
business.
Since the faculty member in charge (Katsuya Tamai) is also a professor at the University of Tokyo, the course is generally held every other week and
comprises a total of seven classes (plus 1 or 2 make-up classes) with two consecutive classes on the 4th and 5th periods on Fridays. The contents of
each session are as described in the lesson plan.
The faculty member in charge (Katsuya Tamai) is a registered lawyer with entrepreneurial experience. The contents of the course are drawn from the
faculty member’s practical experience.

Inventions, patents, copyrights, trade secrets, brands, trademarks, Unfair Competition Prevention Act, knowledge economy, economic security, globalization, trials, contracts, properties

Section I. Classes 1 and 2
Class 1: Guidance　Since most students in this course are just beginning university, we will begin by discussing what it means to study at a university, the differences between university and high school, and some good ways to approach your university
life over the next four years.
Class 2: Various fields of jurisprudence and intellectual property law/the knowledge economy and intellectual property 　I explain why the field of intellectual property law is so important in modern society. Since the end of the Cold War in the 1990s,
"globalization" has become a key trend. This has resulted in the growing importance of intellectual property. We will contextualize these topics in the histories of major developed countries, such as Japan, the United States, and other countries in Europe.
Section II. Classes 3 and 4　 Contracts 1: Business models for coexistence and co-prosperity—Centralized copyright processing
Our lives are filled with contractual relationships. For example, you take classes in a classroom, but both the building and the site are owned by Shinshu University—why does entering the university without permission not infringe upon Shinshu
University’s ownership? Why do you have to pay a certain fare when you board an Alpico bus? Why does singing karaoke not violate music copyrights? The answers to these questions are caught up in contracts. In particular, I will use the third topic here
as an example to explain the role of contracts.
Section III. Classes 5 and 6　Contracts 2: Contracts between entertainers and agencies, etc.
We invite Atsuhiko Yamagata from Tokyo to talk about contractual practices. I would like to make the first session (Class 5) a lecture and the second session (Class 6) a Q&A session.　Section IV. Classes 7 and 8　Property rights: Predatory business
models—Patent trolls
I begin by giving a general explanation of so-called "rights" in the legal context. Among them, property rights, especially intellectual property rights, have a strong economic character. Rights are usually determined by laws, such as copyright law,
trademark law, and patent law. I explain how "patent trolls" make money by skillfully using these "rights,” what constitutes such rights, and related restrictions.
Section V. Classes 9 and 10　Torts: The processes by which "interests" that are less than rights appear in legal contexts
The most basic tool in civil law is "tort." Within tort law, a victim to seek damages from a perpetrator for an act that infringes on their "interests" protected by law. Sometimes these interests are stated in articles of law, but not always. For example, does
the act of creating and selling calendars using photos of celebrities violate interests protected by law? What if the calendar used pictures of racehorses? Based on these issues, we discuss the generation of legal interests and "rights."
Section VI. Classes 11 and 12　 Criminal Law: Rule-making using criminal penalties—Trade secrets
The legal system surrounding trade secrets is meant to apply to "not publicly known and useful information managed as secrets." Since the late 1990s, the United States has been focusing on the development of trade secret legislation, and unlike other
fields of intellectual property law, criminal law has been actively used in this context. This has led to the recent detainment and indictment of the vice-chairman of Huawei Electronics. What should Japan do in this context? I explain the actual situation
from the perspective of international "rule-making strategies."
Section VII. Classes 13 and 14　Public authority: The role of the government—Antitrust laws (U.S. v. Microsoft)
Since the 1990s, Microsoft has flourished due to its outstanding technological capabilities and innovative business strategies. However, at the height of its success, Microsoft was sued by the US government for violating antitrust laws, which resulted in the
company's effective defeat, and this greatly constrained its subsequent business. Without Microsoft’s business success and legal failure, Apple and Google would not be where they are today. We will explore how this example illustrates the impact of law
on business.
Section VIII. Class 15 (+ supplementary class)　 International law: International law and intellectual property rights
The globalization of the world economy was legally shaped by the establishment of the World Trade Organization (WTO) in 1995. However, it has been greatly shaken by the so-called "new Cold War" between the United States and China. Furthermore,
Russia's war of aggression against Ukraine since February 2022 is breaking down the post-war international cooperation system. We may be entering a turbulent period defined by the end of the era of globalization and the rise of an era of economic
security. I will explain this current state of affairs from the perspective of law.

Syllabus (Japanese site only)