IP Scholars Forum at Akron


June 13, 2012

Dear Professor:

You are cordially invited to the Sixth Annual IP Scholars Forum, sponsored by the University of Akron School of Law’s Center for Intellectual Property & Technology, which will be held at the law school on Friday, October 26, 2012, from 9:00 AM – 2:00 PM.

The Forum’s purpose is to bring together a small group of prominent scholars for intensive, high-level discussions on cutting-edge issues of common interest. This year’s Forum will discuss “The Impact of IP on Public Health.”

This topic will celebrate the arrival of a new member of our faculty, Katharine Van Tassel, who comes to us from Western New England College of Law and St. Thomas University School of Law in Florida. She has extensive experience in health law issues and serves as the editor of the Health Law Prof Blog. Professor Jay Dratler, Jr., although retired, will moderate the Forum with her help.

Because our topic this year is interdisciplinary, we have invited a number of noted health law scholars individually. So far, the following professors have accepted our invitation:

· Frank Pasquale (Seton Hall University School of Law), Schering-Plough Professor in Health Care Regulation and Enforcement and an executive member of the AALS section on Law, Medicine, and Health Care. Professor Pasquale has written many articles on health law and IP and is a frequent blogger on Concurring Opinions, Madisonian.net, and HealthLawProf Blog. His “short admission paper” (see below) will be entitled “The Emerging Intellectual Property Law of Health Data.” It will focus on the barriers to health-data transparency that IP creates, and how regulation and incentives can break them down.

· Andrew Torrance (University of Kansas School of Law), former chair of the AALS Biolaw Section, founder of the Lexvivo blog, and co-founder of the Biolaw blog. Professor Torrance has spoken and written often on biotechnology and intellectual property. His short paper will be entitled “Nothing under the Sun that is Made of Man.” It will focus on the Supreme Court’s recent Prometheus decision and the patentability of genetic sequences, body fluids, body parts, and research and diagnostic methods that use them.

· Jim Chen (University of Louisville – Louis D. Brandeis School of Law), former dean of the Louis D. Brandeis School of Law, founder of the Jurisdynamics Network, and frequent blogger at the Biolaw blog. Professor Chen is an expert on law, economics, and regulatory policy. His short paper will address the intersection of IP with biodiversity and traditional knowledge.

As these examples show, the scope of discussion at this Forum can be quite broad. Other possible topics include: the relationship between biodiversity and pharmaceutical research, compulsory licensing of pharmaceuticals, incentivizing R&D for “orphan drugs” and neglected diseases, open science, international exhaustion for pharmaceuticals, the national-emergency and other exceptions to patent enforcement, reverse payment settlements in pharmaceutical litigation, the newly passed gag laws in Pennsylvania, Colorado and Texas restricting doctors’ use of data on gas “fracking” chemicals, and the recently-introduced S. 1138, which would replace patents on HIV/AIDS treatments with prizes.

As usual, the only admission price is a short paper (10-15 pages, with minimal footnotes) on some aspect of the Forum topic. If you attend, you should distribute your paper by e-mail about a month prior to the Forum. Papers will not be formally presented at the Forum. Instead, we will engage in free-flowing discussion based on the Forum topic and the papers submitted. For those who would like to do so, we will arrange for papers to be published in symposium format in our Akron IP Journal.

If you wish, you may write on one of the topics addressed by our distinguished individual invitees. Overlapping papers on the same subject may help provoke active discussion. But if you wish to do so, we encourage you make personal contact and avoid complete overlap.

One other thing is new this year. We are planning to publish a summary of our discussion, both online and in print, as a “White Paper.” Our own Professor Ryan Vacca has volunteered to serve as the first reporter and to prepare a draft for circulation and review. We expect this online summary to appear no later than sixty days after the Forum and to be printed in the spring issue of the Akron IP Journal.

As usual, we are unable to pay travel expenses. However, we will provide a reception and dinner on the evening before the Forum and a light breakfast and lunch on the day of the Forum.

Following the Forum, at 3:00 PM, Professors Pasquale, Torrance, and Chen will offer a panel discussion to a much larger audience. Invitees will include faculty from regional academic institutions, public-health community leaders, and lawyers and business people interested in health care and related innovation. Your attendance at this panel discussion will, of course, be most welcomed, and we hope you will contribute to this more public discussion.

If you choose to join us, we can arrange housing at a unique on-campus hotel made from old oat silos, which the University has acquired. If you wish, we can also arrange recreational activities in the area, with such attractions as the Cuyahoga Valley National Park, the Cleveland Orchestra, or the Football or Rock & Roll Hall of Fame. Although Northeast Ohio never provides a guarantee, we often have crisp, clear and bracing fall weather at that time of year.

As noted above, the Forum and the subsequent panel discussion will both be held on Friday, October 26, 2012, and an informal collegial dinner will be held the previous evening. Attendance will be limited to permit intimate discussion, so please respond soon. You may r.s.v.p. to Shannon Aupperle, at sfauppe@uakron.edu.


Jeffrey M. Samuels
David L. Brennan Professor of Law and Director, Center of Intellectual Property Law and Technology

Jay Dratler, Jr.
Goodyear Professor Intellectual Property, Emeritus

Katharine Van Tassel
Professor of Law

A. Samuel Oddi
Giles Sutherland Rich Professor

Chinese Media at Oxford

The Programme in Comparative Media Law and Policy (PCMLP) at the Centre for Socio-Legal Studies, University of Oxford is organizing a conference on Chinese media legislation and regulation, in Oxford, on 15 and 16 June 2012, on emerging issues in Chinese media legislation and regulation.

China’s media landscape has undergone tremendous change over the last few years. Technological innovation and the explosion of Internet use have changed the landscape for the dissemination of entertainment and information. Provincial television channels have boomed. Privatization and foreign investment and influence have become important questions for consideration. The cultural industries have become a priority area for further economic development. At the international level, media trade is one of the most prominent issues between China and the United States. Electronic media have also become a channel for bottom-up political activity: increasingly microblogs are used to bring specific incidents into the public sphere, or for satirical expressions. However, so far, questions of how these matters are governed have not yet been studied in depth. This conference aims to identify and discuss relevant questions of emerging issues in Chinese media law and policy.

Participation in this conference is free of charge, but participants are kindly requested to register with Rogier Creemers (rogier.creemers@csls.ox.ac.uk ).

For further information about PCMLP, please see: http://pcmlp.socleg.ox.ac.uk

Luxury Goods and IP at Hong Kong

The University of Hong Kong will host a conference on luxury goods and intellectual property on June 15 and 16, 2012. Professor Barton Beebe will deliver the keynote speech entitled “Re-Opening China: Western Intellectual Property Law and Western Luxury Goods” at the conference.

Please view the conference program on the conference website: http://www.law.hku.hk/luxurygoods/.

For any inquiries about the conference, please contact Professor Haochen Sun at haochen.sun@hku.hk.

IP in Pharma – Workshop at IU – Indianapolis

The Indiana University McKinney School of Law is pleased to announce this year’s Junior Faculty Workshop, on Intellectual Property Issues in the Pharmaceutical Industry. Scheduled for December 7 and 8, 2012, this two-day Workshop offers a unique opportunity for untenured scholars to present their draft scholarship for in-depth critique and commentary by respected senior scholars in the field. The Workshop is perfectly timed for junior faculty participants to revise their articles in time for a spring submission for publication. Indiana University will cover both travel and lodging expenses for all participants.

Any untenured scholars interested in participating in this intensive workshop should submit a detailed abstract or the first several pages of their articles, along with a brief CV, to Nic Terry (npterry@iupui.edu) or Emily Michiko Morris (emmmorri@iupui.edu), by June 22, 2012. Works already in progress are ideal for this workshop and will be given preference. Topics for the workshop may focus on any of a range of intellectual property issues as they relate to the pharmaceutical industry, broadly defined. Acceptable topics may therefore include, but are not limited to, issues involving patent and regulatory exclusivity; patent linkage; the Hatch-Waxman Act; the BPCIA; TRIPs; the Bayh-Dole Act; the AIA; public-private collaborations; and more.

Applicants should also submit the names of established scholars in their area of scholarship who would be able to provide meaningful commentary on their drafts. Junior faculty applicants selected for the workshop must commit to producing complete drafts of their articles well ahead of the workshop (i.e., before Halloween), so that senior faculty participants may have time to review them. Selected participants will be notified by July 1, 2012.

Entrepreneurship and Innovation at Northwestern

Fifth Annual Conference on Entrepreneurship and Innovation: U.S. Patent and Trademark Office (USPTO)-Ewing Marion Kauffman Foundation Conference on Intellectual Property and Innovation
Thursday, June 14 – Friday, June 15, 2012

The Searle Center on Law, Regulation, and Economic Growth presents the Fifth Annual Conference on Innovation and Entrepreneurship: U.S. Patent and Trademark Office (USPTO)-Ewing Marion Kauffman Foundation Conference on Intellectual Property and Entrepreneurship to be held at Northwestern University School of Law, Thursday, June 14, 2012-Friday, June 15, 2012. The conference will run from 9:00 a.m. on Thursday, June 14 to 3:15 p.m. on Friday, June 15. There will be a keynote address by James E. Malackowski, Chairman and CEO of Ocean Tomo, LLC, on Thursday afternoon. On Thursday evening, there will be a cocktail reception, dinner, and keynote address by Stuart Graham, Chief Economist, USPTO.

The USPTO and the Ewing Marion Kauffman Foundation are jointly sponsoring the conference. This conference is organized by Professor Daniel F. Spulber, Research Director of the Searle Center on Law, Regulation, and Economic Growth and Elinor Hobbs Distinguished Professor of International Business, Professor of Management Strategy, Kellogg School of Management, Professor of Law, Northwestern University School of Law (Courtesy), and Stuart Graham, Chief Economist, USPTO, and Georgia Tech College of Management.

The goal of this conference is to provide a forum where economists and legal scholars can gather together with Northwestern’s own distinguished faculty to present and discuss high-quality research relevant to intellectual property (IP) protection, innovation, and entrepreneurship.

This conference will be an important component of the Searle Center’s expanded entrepreneurship and innovation focus. Conference participants will explore the connections between IP, innovation, and entrepreneurship through empirical and theoretical economic and legal analysis. This interdisciplinary conference will be composed of presentations by leading researchers in economics and law, and participating authors will have their papers formally discussed by leading thinkers in the field. In addition, the conference will draw audiences of academics in economics, law, and business, as well as legal and business practitioners, government officials, and public policy makers.

This program has been approved for 11.75 CLE credits in the State of Illinois.


IP at Law & Society

IP-themed panels at the Law & Society Association 2012 Annual Meeting, getting underway this week in Honolulu:

“Creative Communities and Intellectual Property”
Thu, Jun 7 – 8:15am – 10:00am

Chair: William T. Gallagher (Golden Gate University)

IP Creation Myths: Copyright, Creativity, and Thick Description
*Olufunmilayo Arewa (University of California, Irvine)

Between Copyright and Geographical Indications: Protecting Traditional Cultural Expressions in Ghana
*A Boatema Boateng (University of Calfornia, San Diego)

Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method
*Christoph B. Graber (University of Luzern)

Rethinking Commodification: Why Folklore Rights Should Accommodate Dynamic Meaning
*Sean A. Pager (Michigan State University)

Islands in the Sea of Copyright Law Regulating Australian Indigenous Works
*Mary Wyburn (University of Sydney)

Discussant: Debora Halbert (University of Hawaii, Manoa)

“New Developments in the History of Intellectual Property”
Thu, Jun 7 – 10:15am – 12:00pm

Chair/Discussant: Margaret Chon (Seattle University)

How Did Film Become Property? The Early Film Industry and American Copyright
*Oren Bracha (University of Texas)

Intellectual Property without Law or Property: Attribution in Advertising and Screen Credit
*Catherine L. Fisk (University of California, Irvine)

It’s Like Rape: Exploring Social Understandings of Copyright in Debates between Fans and Creative Producers
*Jenny Roth (Lakehead University), *Monica Flegel (Lakehead University)

Public Ownership of Private Spectacles: Copyright and Television
*Brad Sherman (Griffith University)

The Patent Wars in Late 9tth Century America
*Steven Wilf (University of Connecticut)

“Intellectual Property Law In Action, Commercialization, Litigation”
Fri, Jun 8 – 10:15am – 12:00pm

Chair: William T. Gallagher (Golden Gate University)

Trademark Morality
*Mark Bartholomew (University at Buffalo)

The IP Law Disputing Process in the Shadow of the Law
*William T. Gallagher (Golden Gate University)

Patents and the University: The Evolution of Academic Exceptionalism
*Peter Lee (University of California, Davis)

Speech, Authorship, and Inventorship: A New Approach to Corporate Personhood
*Sean M. O’Connor (University of Washington)

Enforcement Strategies and Social Norms: The Case of Illegal File Sharing
*Mans Svensson (Lund University), *Marcin de Kaminski (Lund University)

“Intellectual Property Reform”
Fri, Jun 8 – 12:30pm – 2:15pm

Chair/Discussant: Peter K. Yu (Drake University)

Fixing Fixation
*Steven Hetcher (Vanderbilt University), Megan Carpenter (Texas Wesleyan University)

The Copyright Professor as Reader: Copyright Law and Trademark Concerns
*Viva R. Moffat (University of Denver)

Copyright Law and the Ethics of Nonfiction
*Zahr K Said (University of Washington)

The Implications of Cognitive Enhancement on Obviousness
*Brenda M. Simon (Stanford U/Thomas Jefferson School of Law)

Remedying Copyblight
*John Tehranian (Southwestern Law School)

“Thinking and Rethinking Intellectual Property”
Fri, Jun 8 – 4:30pm – 6:15pm

Chair: Peter K. Yu (Drake University)

PPPs in Global IP (Public-Private Partnerships in Global Intellectual Property)
*Margaret Chon (Seattle University)

The Everyday Lives of Copyright
*Debora Halbert (University of Hawaii, Manoa)

Secrecy, National Security, and the Creation and Enforcement of Intellectual Property Law
*David S. Levine (Elon University)

Property without Bounds and the Recursive Conceptualization of “Intellectual Property”
*Liam O’Melinn (Ohio Northern University)

Tales of the Unexpected in Copyright Law
*Peter K. Yu (Drake University)

Discussant: Debora Halbert (University of Hawaii, Manoa)