CFP: History and Theory of IP in Milan

International Society for the History and Theory of Intellectual Property

CALL FOR PAPERS

First Annual ISHTIP Workshop

The Construction of Immateriality
Practices of Appropriation and the Genealogy of Intellectual Property

Bocconi University, Milan Italy
26-27 June 2009

This workshop will explore the making of “intellectual property”, understood broadly as the myriad legal and non-legal processes by which individuals and groups are credited with, and rewarded for, the authorship of intangible creations, while others are condemned or penalised for using or claiming such creations as their own.

While most contemporary discussion focuses on the legal regimes of copyright, patent and trade mark (and corresponding legal wrongs of piracy and counterfeiting), the premise of this workshop is that these constitute only some of the many ways in which ‘creations’ are identified, and entitlements relating to such creations are recognised or generated. For example, groups from chefs to magicians regulate the creative activities of their members through bodies of customs and less formalised norms, while other institutions and groups (from universities, to the Church and to medical associations) offer their own systems of sanctions against those who are considered to have made use of intangible material in an ‘inappropriate’ manner. Equally, specific traditions have developed for attributing authorship of publications and inventions amongst scientific researchers, while astronomers, meteorologists and botanists confer rights to name particular phenomena on those who are viewed as having ‘discovered’ them.

What is the source of these diverse mechanisms? How is it that some intellectual artefacts have come to be identified, abstracted from their material reality, mapped and their authorship attributed to particular individuals or groups whereas others circulate socially without such attribution? To what extent are the processes by which ideas and information are transformed into discrete ontological entities historically specific? What, precisely, are the social and other conditions that render such processes possible? Why have different intangible artefacts been treated in different ways? And how have they operated historically to facilitate, or impede, intellectual production and exchange? How have legal and non-legal “intellectual properties” interacted? To what extent can the shape of contemporary legal intellectual properties be explained by reference to social norms (either as pre-cursors to formal laws, or as alternatives to and limitations upon such laws)?

By focusing on the heterogeneous roots of our present intellectual property regime the workshop aims to foster richer contextualization of this regime than can be provided by legal history working alone. To this end it will assemble scholars from across the disciplines – from anthropology, economic and business history, the history of science, literary and cultural history, as well as from legal history and theory.

Up to eight papers will be accepted; they will circulate in advance and will receive intensive discussion at the workshop. Case studies, close analyses of constellations of social and/or legal practices, and close readings of significant episodes in the history of information management are especially welcome, as well as works in progress. A maximum length of 9,000 words is recommended. Topics might include:

 Practices of state, professional and other institutions in the codification of knowledge and identification of ‘new’ intangible entities;
 The development of criteria of cultural significance, novelty, merit, or technical effect marking out ‘intellectual properties’ from other knowledge;
 Legal and social norms governing responsibility and/or credit for particular cultural artefacts, including norms governing authorship and inventorship;
 Different forms of entitlement, including prizes, rewards, naming rights, and organized practices of ownership and quasi-ownership of artistic and technical artefacts;
 Written and unwritten rules of ad hoc professional bodies, in both the ascription of credit, regulation of ownership and the provision of sanctions for ‘taking';
 Visual, linguistic and other mechanisms of construction of distinct intangible properties, including formalities, registration, and patent claims;
 Protections for traditional knowledge and cultural heritage;
 Rules and norms against unfair competition;
 Social and legal categorisation of intellectual property wrongs including plagiarism, piracy, counterfeiting, misappropriation, disclosure of confidential information and trade secrets;
 Legal and social forms of disapproval and punishment of intellectual property wrongs.
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Participants who have already confirmed that they will attend include:
Lionel Bently, Cambridge U
Mario Biagioli, Harvard U
Maurizio Borghi, Brunel U
Ronan Deazley, U Birmingham
Christophe Geiger, U Strasbourg and Max Planck Inst. for Intellectual Property, Munich
Johanna Gibson, Queen Mary U
Gustavo Ghidini, Università degli Studi di Milano
Eva Hemmungs-Wirtén, Uppsala U
Peter Jaszi, American U
Martin Kretschmer, Bournemouth U
Maria Lilla Montagnani, Bocconi U
Katarina Renman-Claesson, Stockholm U
Martha Woodmansee, Case Western Reserve U

Important dates:
10 April 2009: Abstract submission deadline
24 April 2009: Notification of acceptance
29 May 2009: Final registration (all)
8 June 2009: Final deadline full paper submission
26-27 June 2009: Workshop

Should you have any questions, please feel free to contact ishtip@unibocconi.it
All correspondence and submissions should also be sent to the above email address.

_______________________________________

Organizing committee
Lionel Bently, Maurizio Borghi, Gustavo Ghidini, Maria Lillà Montagnani, Martha Woodmansee

Philosophy and IP in London

Philosophy and Intellectual Property Conference

London, UK

29-30 May, 2009

The Philosophy and Intellectual Property Conference brings together an internationally renowned group of philosophers and legal theorists. It will discuss whether intellectual property, as currently conceived, has any philosophical or legal coherence that distinguishes it from other forms of property, or other rights that people might have in their bodies, ideas and in the world. Intellectual property rights give their holders considerable powers to with-hold life-saving inventions and medicines, to prevent the dissemination and sharing of books, music and art work and to charge fees for licensing and use that only the wealthiest individuals and governments are able to pay. Therefore the aim of this conference is to promote dialogue between lawyers and philosophers over the solution to conceptual and normative problems in the treatment of intellectual property, as these are, increasingly, of practical as well as theoretical importance, and difficult to resolve within the bounds of any one intellectual discipline.

Contributions
Why property? Intellectual Production and the Complex Structure of Ownership
Chair: Hillel Steiner – School of Social Sciences, University of Manchester, UK
Presenter: John Christman – Department of Philosophy, Pennsylvania State University, USA
Commentator: Abraham Drassinower – Faculty of Law, University of Toronto, Canada

Patents and the Human Genome
Chair: Andrew Williams – Department of Philosophy, University of Warwick, UK
Presenter: Leif Wenar – School of Law, King’s College, UK
Commentator: Annabelle Lever – Department of Philosophy, London School of Economics, UK

Trademarks, Brands and Dispositions
Chair: Tim Crane – Department of Philosophy, University College London, UK
Presenter: Dominic John Scott – Department of Philosophy, University of Virginia, USA
Commentator: Lionel Bently – Faculty of Law, University of Cambridge, UK

Do We Really Need IP Rights?
Chair: Richard Bellamy – Department of Political Science, University College London, UK
Presenter: Alex Rosenberg – Department of Philosophy, Duke University, USA
Commentator: Maurizio Borghi – Law School, Brunel University, London, UK

Reparations Arguments for Intellectual Property Rights in Traditional Knowledge
Chair: Tim Roberts – The Chartered Institute of Patent Attorneys, UK
Presenter: Stephen R. Munzer – School of Law, UCLA, USA
Commentator: Graham Dutfield – School of Law, University of Leeds, UK

Using Disparate Norms Into Intellectual Property: A Mistake?
Chair: John O’Neill – Department of Philosophy, University of Manchester, UK
Presenter: Martin Kretschmer – Law Department, University of Bournemouth, UK
Commentator: Charles Beitz – Department of Politics, Princeton University, USA

What’s Wrong With Plagiarism?
Chair: Dev Gangjee – Department of Law, London School of Economics, UK
Presenter: Alex Oliver – Faculty of Philosophy, University of Cambridge, UK
Commentator: Harry Lesser – Department of Philosophy, University of Manchester, UK

On the Value of the Intellectual Commons
Chair: Barry Smith – Institute of Philosophy, University of London, UK
Presenter: James Wilson – Comprehensive Biomedical Research Centre and Centre for Philosophy Justice and
Health, University College London, UK
Commentator: Christopher Wadlow – Department of Law, University of East Anglia

P2P Sharing and Free-Riding
Chair: Otilia Miclosina – Western University of Timisoara, Romania
Presenter: Geert Demuijnck – Edhec Business School, Lille, France
Commentator: Seana Shiffrin – Department of Philosophy and School of Law, UCLA, USA

Individual Data and the Limits of Ownership
Chair: Kathleen Liddell – Centre for Intellectual Property & Information Law and Faculty of Law, University
of Cambridge, UK
Presenter: Luciano Floridi – Department of Philosophy, University of Hertfordshire and St. Cross College,
University of Oxford, UK
Commentator: Axel Gosseries Ramalho – Faculté des Sciences Économiques, Sociales et Politiques, Université
Catholique de Louvain, Belgium

Copyright and the Public Sphere
Chair: Rowan Cruft – Department of Philosophy, University of Stirling, UK
Presenter: Anne Barron – Department of Law, London School of Economics, UK
Commentator: Laura Biron – Department of Philosophy, University of Cambridge, UK
A detailed schedule of the conference will be made available on this site prior to the conference.

Other Participants
Mike Adcock – Durham Law School, University of Durham, UK
Jason Alexander – Department of Philosophy, London School of Economics, UK
Jane Calvert – Innogen Research, University of Edinburgh, UK
Ashok Chakravarty – European Patent Office, Munich, Germany
Ronan Deazley – Birmingham Law School, The University of Birmingham, UK
Speranta Dumitru – Centre de Recherche, Sens, Éthique, Société, Université René Descartes Paris 5, France
Matthew J. Elsmore – Aarhus Schol of Business, University of Aarhus, Denmark
Amy Gibson – EMI Group Ltd, London, UK
Belinda Isaac – Isaac & Co. Ltd, UK
Barbara Lauriat – St. Catherine’s College, Oxford University, UK
Margaret Llewelyn – School of Law, The University of Sheffield, UK
David Papineau – Department of Philosophy, King’s College, University of London, UK
Chris Peacock – Faculty of Medicine, Imperial College, London, UK
Timothy Pinto – Taylor Wessing LLP, London, UK
Muireann Quigley – Institute for Science, Ethics, and Education, School of Law, University of Manchester, UK
Mathias Risse – John F. Kennedy School of Government, Harvard University, Cambridge, MA, USA
Chris Wadlow – The Norwich Law School, Faculty of Social Sciences, University of East Anglia, UK
John Williams – ip21 Ltd, London, UK

Organisation and Sponsorship
The conference is organised by Annabelle Lever from the Department of Philosophy at the London School of Economics.

Generous support and sponsorship for the organisation of the conference is provided by

The Aristotelian Society
The Department of Philosophy, Logic and Scientific Method at the London School of Economics and Political Science (LSE)
The Institute of Philosophy of the School of Advanced Study (SAS), University of London, and
The Mind Association
The Society for Applied Philosophy

Location
The conference venue is the Institute of Philosophy, School of Advanced Study (SAS), University of London. The institute is located in the Stewart House building of the University of London. However, the conference will be held in the Senate House building, which is located next to Stewart House. You can find here an area map of the venue. More details of the conference room will be made available in the weeks before the conference.

For transportation to hotels and the conference venue please visit the Transport for London site.

Accommodation
A limited amount of accommodation, at very competitive prices, has been arranged at the

Goodenough Club
Goodenough College
23 Mecklenburgh Square
London WC1N 2AD

To make reservations please contact

Marzena Orzol
Senior Reservations Officer
Tel: +44 (0) 207 769 4727
Fax: +44 (0) 207 837 9321
Email: reservations@goodenough.ac.uk

and mention this conference.

Contact
Annabelle Lever
Department of Philosophy, Logic and Scientific Method
London School of Economics

Lakatos Building
Houghton Street
London WC2A 2AE

Tel: +44 (0) 207 955 6004 or +44 (0) 796 128 9396
Fax: +44 (0) 207 955 6845
Email: a.p.lever@lse.ac.uk

Link: http://www.philip-conf.org/

Security Breaches at Berkeley

Security Breach Notification Six Years Later
Lessons Learned About Identity Theft and Directions for the Future

March 6, 2009 ~ UC Berkeley School of Law

Co-sponsored by:
Berkeley Center for Law & Technology
Berkeley Technology Law Journal
Samuelson Law, Technology & Public Policy Clinic
Shidler Center for Law, Commerce & Technology

In 2003, California led the way in enacting Security Breach Notification (SBN) laws, which require data holders, including many businesses and government agencies, to tell consumers when personal information has been lost or accessed by others without authorization. In the past six years, many breaches have been disclosed, implicating hundreds of millions of records about individuals. Many questions remain concerning the scope of SBN laws, their effectiveness and cost, the incentives and disincentives created by SBN laws, and the nature of the duty of care emerging from expanding SBN and information security laws.

The BCLT/BTLJ 2009 Symposium will organize leading thinkers and key decision makers from law, computer science, and economics to present original scholarship on these issues and make recommendations for federal data security approaches.

Support for this symposium is provided by the Block Cy Pres Fund (Reed Kathrein, litigator).

6 units of MCLE credit will be available for attendees of the symposium.

Link: http://www.law.berkeley.edu/institutes/bclt/security/about.html

Patent Reform at Tilburg

TILEC
Tilburg Law and Economics Center

CONFERENCE ON PATENT REFORMS

26 and 27 March 2009

On 26 and 27 March 2009, TILEC – Tilburg Law and Economics Center – hosts an international Conference on Patent Reforms in Hotel Krasnapolsky, Amsterdam. The conference features internationally renowned speakers and intends to foster discussion on patents, innovation and competition policy between lawyers, economists and practitioners.

TOPICS:

The conference addresses current topics:

– Patents and Innovation
– Trivial Patents, Laxity of Patent Offices
– IP Licensing in the Context of SSO’s
– IP Enforcement
– Abuse of Patents
– The Problem of Uncertainty in Patent Law

TOPICS – DAY ONE:

PATENTS AND INNOVATION

Prof. H. Shelanski, U.C. Berkeley School of Law
Do patents contribute to or restrict innovation?

Prof. V. Denicolo, University of Bologna
Do patents under- or over-compensate innovators?

TRIVIAL PATENTS, LAXITY OF PATENT OFFICES

Prof. D. Harhoff, University of Munich
Patent portfolio constructionism and strategic patenting

Prof. B.H. Hall, U.C. Berkeley Graduate School
Strategic patenting

IP LICENSING IN THE CONTEXT OF SSO’S

Mr. R. Buttrick, Senior Vice President of Philips
Intellectual Property & Standards Essential patents –
access for users and reward for owners: Overcoming
hang-up about hold-up

Dr. J. Padilla, Managing Director, LECG
Complementary patents and royalty stacking

Ms. A. Marasco, General Manager, Standards Strategy at
Microsoft
The concept of FRAND

IP ENFORCEMENT

Prof. J. Pagenberg, Bardehle Pagenberg
The problem of effective enforcement

Mr. G.R.B. van Peursem, Vice President, District Court of
The Hague
The (new) European patent litigation system

TOPICS – DAY TWO:

ABUSE OF PATENTS

Prof. P. Veron, Robert Schuman University and Veron & Associes
Avocats
The problem of misuse of divisionals

Prof. S. Kieff, University of Washington and Stanford
University
Patent trolls: Myths or reality?

Prof. D. Geradin, Tilburg University and Howrey LLP
Abuse of patents and EC competition law

Prof. J.L.R.A. Huydecoper, Advocate-General, Dutch Supreme
Court
The problem of misuse (apart from misuse of a dominant
position)

THE PROBLEM OF UNCERTAINTY IN PATENT LAW

Prof. W.A. Hoyng, Tilburg University and Howrey LLP and the
Rt. Hon. Lord Justice Jacob, UK Court of Appeal

INFORMATION AND REGISTRATION:

For the complete programme and registration, please visit:

http://www.tilburguniversity.nl/tilec/events/conferences/

Email: MAILTO:Tilec@uvt.nl

David Nimmer at Cardozo

Open to the public:

Intellectual Property Program – Benjamin N. Cardozo School of Law presents:

David Nimmer
Of Counsel, Irell & Manella LLP

Professor from Practice, UCLA School of Law
January Session Visiting Professor, Cardozo School of Law
Revisor and Author, Nimmer on Copyright

“Copyright Versus the Right of Publicity”

Monday, January 12th, 2009 at 6:30 PM

Jacob Burns Moot Court Room
55 Fifth Avenue
New York, New York 10003

Reception to follow.

RSVP: ipprogram@yu.edu or 212.790.0207