Preliminary Syllabus – The Politics of Intellectual Property

JOHNS HOPKINS UNIVERSITY

Department of Political Science
Instructor:
G.W. Jones / Course Title:
The Politics of Intellectual Property
Instructor Contact Information
Political Science Department
338 Mergenthaler Hall
Email: gjones38 at jhu.edu / Course Number: AS.191.341.21
Distribution: S
Instructor Office Hours/Location:
Tuesday, 12:00 – 1:30, and by appointment
Gilman Hall Atrium / Credits: 3
Class Hours: M, T, Th, 2:00 – 4:30 pm
Classroom: TBD / Summer Term II
COURSE DESCRIPTION
Encompassing artistic works, scientific inventions, indigenous traditional knowledge, and much more, intellectual property (IP) has become a significant concern of politicians and policymakers at the domestic and international level. How intellectual property rights are crafted can impact everything from freedom of expression, pop culture, public health, agriculture, to how we communicate. This course is designed to provide an introduction to the legal and political regimes governing intellectual property. We will explore some of central the legal, ethical, and policy questions surrounding intellectual property, including debates about scope and enforcement of IP rights, balancing IP rights against public access to information and medicines, and the role of IP in economic development.
REQUIRED MATERIALS
TEXTBOOKS / NONE
SUPPLIES / NONE
COURSE WEBSITE / Available at: blackboard.jhu.edu
All reading materials are available on the Blackboard site unless otherwise indicated.
EVALUATION AND GRADING
Grades will be based on the following assessments:
ASSESSMENT TYPE / PERCENT OF FINAL GRADE
·  Attendance/Participation / 20%
·  Short Response Papers (2) / 20% Each
·  Final Paper and Presentation / 40%
Response Papers –
You will be required to write two short (3-5 pg.) response papers throughout the term. The response papers will be based on the reading materials, but should avoid summarization. Instead, they will require you to critically engage with the texts. The goal is for you to formulate your own argument based on the readings, and not just provide a simple summary or superficial personal reaction. Potential approaches can include suggesting a common theme or debate across several readings, and relating this theme/debate to both the text(s) and broader questions, or you can critique the text(s), suggesting areas where the author(s) argument is problematic or leaves questions unanswered. The most important thing is that the papers reflect your own critical engagement with the reading, and do not just summarize the material.
Format: Papers should be 3-5 pages in length, 12 point, Times New Roman Font, 1” Margins. You may use any citation format you like (MLA, Chicago, etc.) so long as you are sure to cite when referencing a text. That said, the paper should avoid extensive quotation, since it should focus primarily on your own argument/response. Plagiarism, including using material without attribution will not be tolerated.
Final Paper & Presentation –
The Final Paper can be on any topic of your choosing which relates to an intellectual property issue. You can use readings from the syllabus as a jumping off point, or you are free to write on an issue we have not discussed in class. All topics must be approved by me. During our final meeting, each student will deliver a 10-15 minute presentation on the topic of their final paper.
Format: Papers should be 12-15 pages in length, 12 point, Times New Roman Font, 1” Margins. You may use any citation format you like (MLA, Chicago, etc.) so long as you are sure to cite when referencing a text. Plagiarism, including using material without attribution will not be tolerated.
For more information on grading, see the Grading Rubric on the Blackboard page.
ATTENDANCE POLICY
Attendance for the course is mandatory. Since we only have a limited number of meetings, only 1 unexcused absence will be tolerated. Students are expected to come to class having read all of the assigned material, prepared to actively engage in in-class discussions.

JOHNS HOPKINS POLICIES AND SUPPORT SERVICES

This course is governed by the policies set forth in The Johns Hopkins University Undergraduate Student Handbook, which contains information on a wide variety of topics, such as support services, and policies relating to student rights and responsibilities. This course is governed by the policies set forth in this document.

Some JHU student support services you may find useful include:

SUPPORT SERVICE / LOCATION / PHONE NUMBER / WEBSITE
Library E-Reserves / http://www.library.jhu.edu/services/forms/reserves.html /
Summer & Intersession Programs / 3505 N. Charles Street, Suite 101 / 410-516-4548
http://www.jhu.edu/intersession

CLASSROOM ACCOMODATIONS FOR STUDENTS WITH DISABILITIES

If you are a student with a documented disability who requires an academic adjustment, auxiliary aid or other similar accommodations, please contact The Office of Student Disability Services at , call 410-516-4720 or visit 385 Garland Hall.


STATEMENT OF DIVERSITY AND INCLUSION

Johns Hopkins University is a community committed to sharing values of diversity and inclusion in order to achieve and sustain excellence. We believe excellence is best promoted by being a diverse group of students, faculty and staff who are committed to creating a climate of mutual respect that is supportive of one another’s success. Through its curricula and clinical experiences, we purposefully support the University’s goal of diversity, and in particular, work toward an ultimate outcome of best serving the needs of students. Faculty and candidates are expected to demonstrate an understanding of diversity as it relates to planning, instruction, management, and assessment.

A WORD ON ETHICS

The strength of the university depends on academic and personal integrity. In this course, you must be honest and truthful. Ethical violations include cheating on exams, plagiarism, reuse of assignments, improper use of the Internet and electronic devices, unauthorized collaboration, alteration of graded assignments, forgery and falsification, lying, facilitating academic dishonesty, and unfair competition.

Report any violations you witness to the instructor.

Preliminary Course Schedule

•  This syllabus represents a tentative plan for the class and is subject to reasonable changes by the instructor.

•  All materials can be found on the Blackboard site.

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Week / Topics / Assignments/Reading
1 / 6/30 / Intro - What is IP? / ·  William W. Fisher III, “The Growth of Intellectual Property: A History of the Ownership of Ideas in the United States”
·  “What is Intellectual Property?” World Intellectual Property Organization, WIPO Publication No. 450(E).
7/1 / Theories of IP - Why protect ideas? How do we protect ideas? / ·  William Fisher, “Theories of Intellectual Property.”
·  Garrett Hardin, "The Tragedy of the Commons," Science, 62(1968):1243-1248.
·  International News Service v. Associated Press 248 U.S. 215 (1918)
7/3 / The Public Domain / ·  Boyle, James. The Public Domain: Enclosing the Commons of the Mind. New Haven, Conn: Yale University Press, 2008. [Ch. 1, 10]
·  Yochai Benkler, “The Political Economy of Commons,” Upgrade, Vol. IV, No. 3, June 2003.
·  Golan v. Holder, 565 U.S. ___ (2012).
2 / 7/7 / Copyright / ·  Feist v. Rural Telephone Service, 499 U.S. 340 (1991).
·  Peter Jaszi, “Toward a Theory of Copyright: The Metamorphoses of ‘Authorship,’" Duke Law Journal, Vol. 1991, No. 2 (Apr., 1991), pp. 455-502.
·  Lawrence Lessig, “Copyright and Politics Don’t Mix,” Oct. 2008.
7/8 / Copyright & Fair Use / ·  Netanel, Neil. Copyright's Paradox. Oxford: Oxford University Press, 2008. [Excerpts]
·  Sony v. Universal City Studios, 464 U.S. 417 (1984).
·  A&M Records v. Napster, 239 F.3d 1004 (2001).
·  Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).
·  ‘Everything is a Remix,’ Film [In Class]
7/10 / Patents / ·  Boldrin, M., & Levine, D. K., “The Case against Patents,” Journal of Economic Perspectives, 27(1), 3-22 (2013).
·  Abril, P. S., & Plant, R., “The Patent Holder’s Dilemma: Buy, Sell, or Troll?” Communications of the ACM, 50(1), 37-44 (2007).
·  ‘When Patents Attack!,’ This American Life, July 22, 2011. [Transcript]
·  Richard Posner, “Why there are too Many Patents in America,” The Atlantic, July 2012.
·  Charles Duhigg and Steve Lohr, “The Patent, Used as a Sword,” NY Times, Oct. 7 2012.
3 / 7/14 / Patents / ·  Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013)
·  Amani, Bita, and Rosemary J. Coombe, "The Human Genome Diversity Project: The Politics of Patents at the Intersection of Race, Religion, and Research Ethics." Law & Policy 27, no. 1: 152-188 (2005).
·  Parthasarathy, S. Who’s Knowledge? What Values? The Comparative Politics of Patenting Life Forms in the United States and Europe. Policy Sciences, 44(3), 267-288 (2011).
7/15 / Trademark / ·  ‘Logorama,’Film (2009) [In Class]
·  Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976).
·  Pro Football, Inc. v. Harjo, 284 F.Supp.2d 96 (2003).
·  Alicia Jessop, “Inside The Legal Fight To Change The Washington Redskins' Name,” Forbes, Oct. 15, 2013.
7/17 / Trademark / ·  Abbott, F. M., “On the Duality of Internet Domain Names: Propertization and Its Discontents,” Journal of Intellectual Property & Entertainment Law, 3(1), 1-52 (2013).
·  Additional Readings TBD
4 / 7/21 / IP & International Relations / ·  Marlin-Bennett, Renée. Knowledge Power: Intellectual Property, Information, and Privacy. (2004). (Ch. 3-4)
·  Shah, A., Warsh, J., & Kesselheim, A. S., the Ethics of Intellectual Property Rights in an Era of Globalization. Journal of Law, Medicine & Ethics, 41(4), 841-851 (2013).
·  Trans-Pacific Partnership, Intellectual Property Chapter
7/22 / IP & Development / ·  Eimer, T., & Lütz, S., “Developmental states, civil society, and public health: Patent regulation for HIV/AIDS pharmaceuticals in India and Brazil,” Regulation & Governance, 4(2), 135-153 (2010).
·  Haakonsson, Stine Jessen, and Lisa Ann Richey. "Trips and Public Health: The Doha Declaration and Africa." Development Policy Review 25.1 (2007): 71-90.
·  Ha-Joon Chang, Kicking Away the Ladder, 2002. [Ch. 2-3]
7/24 / Alternatives to IP / ·  Kal Raustiala, Christopher Sprigman, The Knockoff Economy: How Imitation Sparks Innovation (2012). [Ch. 1]
·  Creative Commons, “About the Licenses.”
5 / 7/28 / Reactions against IP / ·  Sell, S. K., “Revenge of the 'Nerds': Collective Action against Intellectual Property Maximalism in the Global Information Age,” International Studies Review, 15(1), 67-85 (2013).
·  Amy Kapczynski, “The Access to Knowledge Mobilization and the New Politics of Intellectual Property,” The Yale Law Journal, Vol. 117, No. 5, pp. 804-885 (2008).
·  Li, Miaoran, "The Pirate Party and the Pirate Bay: How the Pirate Bay Influences Sweden and International Copyright Relations." Pace International Law Review 21, no. 1: 281-307. (2009).
7/29 / IP in the University / ·  Johns Hopkins Intellectual Property Policy
·  Jonathan Bailey, “The Difference Between Copyright Infringement and Plagiarism,” Plagiarism Today, Oct. 7, 2013.
·  Additional Readings TBD
7/31 / Conclusions & Student Presentations / ·  No Assignment

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