Working Within the Boundaries of Intellectual Property
Conference of the Engelberg Center on Innovation Law and Policy
La Pietra, Italy
June 5-6, 2007
In June, 1998, The Engelberg Center convened a conference at La Pietra to examine the expanding boundaries of intellectual property protection. Various proposals were made for cabining the trend. Subsequent experience has demonstrated, however, that cabining is politically unfeasible and administratively difficult. In the face of increasing concern that strong rights could hinder innovation and slow dynamic competitiveness, this conference was organized to investigate approaches to working within the expanding intellectual property paradigm.
Agenda
| Tuesday, June 5, 2007 | |
| 8:15 | Breakfast |
| 9:00 | Welcome |
| Patents: Managing upstream, fragmented patent rights - the tragedy of the commons | |
| Panel 1 | Introducing the Problem of Expanding Patent Rights: The Case of University Research |
| 9:15 | Rochelle C. Dreyfuss, NYU School of Law Introduction |
| 9:30 |
Wesley M. Cohen, Duke University Fuqua School of Business |
| 9:50 | Katherine J. Strandburg, DePaul University College of Law Sharing Research Tools and Materials: Homo Scientificus and User Innovator Community Norms |
| Commentator: | |
| 10:10 | Rebecca S. Eisenberg, University of Michigan Law School |
| 10:20 | Discussion |
| 10:45 | Break |
| Panel 2 | Licensing Arrangements: Corporate and University |
| 11:15 | Sean O'Connor, University of Washington School of Law Re-Allocating IP Rights Through B2B Licensing: Understanding the Deal |
| 11:35 | Eric Brousseau, University of Paris X Department of Economics The Diversity of Technology Licensing Agreements |
| Commentators: | |
| 11:55 | Victor P. Goldberg, Columbia Law School |
| 12:05 | Carol Mimura, UC Berkeley, Assistant Vice Chancellor for Intellectual Property & Industry Research Alliances (IPIRA) |
| 12:15 | Discussion |
| 12:45 | Lunch |
| Panel 3 | Pooling |
| 2:00 | Harry First, NYU School of Law Summary and Introduction |
| 2:15 | Geertrui Van Overwalle, University Leuven, Belgium, Centre for Intellectual Property Rights Patent Clearing Models |
| 2:35 | Richard J. Gilbert, UC Berkeley Department of Economics [Daniel L. Rubinfeld] The Essentiality Test for Patent Pools: Everybody into the Pool |
| Commentators: Pooling in Specific Industry Settings | |
| 2:55 | Ronald J. Mann, Columbia Law School: computers |
| 3:05 | Brian Wright, UC Berkeley Department of Agriculture and Resource Economics: agriculture |
| 3:15 | Discussion |
| 3:45 | Break |
| Panel 4 | Problems Raised by Patent Pools |
| 4:15 | Daniel A. Crane, Benjamin N. Cardozo School of Law Patent Pools, RAND Commitments, and the Problematics of Price Discrimination |
| Commentators: | |
| 4:35 | A. Douglas Melamed, WilmerHale, Washington, DC |
| 4:45 | Thomas Vinje, Clifford Chance, Belgium |
| 4:55 | Eleanor M. Fox, NYU School of Law |
| 5:05 | Discussion |
| 5:30 | Tour of La Pietra |
| 7:00 | Cocktails |
| 8:00 | Dinner, La Pietra |
| Wednesday, June 6, 2007 | |
| 8:15 | Breakfast |
| 9:00 | Patents and Copyrights: Parallels and Differences |
| Copyright: Managing complex, long-lived, divisible rights - the commonness of the tragedy | |
| Panel 5 | Introducing the Problem of Expanding Copyrights: Creating Digital Libraries |
| 9:00 | Jane C. Ginsburg, Columbia Law School Introduction |
| 9:05 | Diane L. Zimmerman, NYU School of Law Can Our Culture be Saved? The Future of Digital Archiving |
| 9:25 | R. Anthony Reese, University of Texas School of Law Preserving (Unpublished) Public Domain |
| Commentators: Specific Initiatives | |
| 9:45 | June M. Besek, Columbia Law School Changing the Library Exceptions in the US Copyright Act: The Section 108 Study Group |
| 9:55 |
Nancy Kopans, JSTOR |
| 10:05 | Discussion |
| 11:00 | Break |
| Panel 6 | Circumventing Intellectual Property: Open Access Publishing |
| 11:30 | Christopher R. Leslie, Chicago-Kent College of Law Introduction |
| 11:35 | Daniel L. Rubinfeld, UC Berkeley School of Law and Department of Economics Academic Journal Publishing - Problems and Prospects Ted C. Bergstrom, UC Santa Barbara Department of Economics Alternative Economic Designs for Academic Publishing |
| Commentators: | |
| 11:55 | Michael W. Carroll, Villanova University School of Law |
| 12:05 | Ann S. Okerson, Yale University Library |
| 12:15 | Discussion |
| 12:55 | Lunch |
| Panel 7 | Other Arrangements |
| 2:00 | Mark R. Patterson, Fordham University School of Law Introduction |
| 2:05 | Niva Elkin-Koren, University of Haifa Faculty of Law Exploring Creative Commons: A Skeptical View of a Worthy Pursuit |
| 2:25 | Ariel Katz, University of Toronto Faculty of Law Copyright Collectives: Good Solution But For Which Problem? |
| Commentators: | |
| 2:45 | Josef Drexl, Max Planck Institute for Intellectual Property, Competition and Tax Law |
| 2:55 | Discussion |
| 3:30 | Break |
| Panel 8 | International Implications |
| 4:00 | Harry First
Introduction: Idle Talk or Implementable |
| 4:10 | Jane C. Ginsburg, Columbia Law School Contracts and Copyright Norms: What Role for Berne and TRIPs? |
| 4:30 | Margaret Chon, Seattle University School of Law Innovation and Access in a Human Development Framework |
| 4:50 | Carol Mimura, UC Berkeley, Assistant Vice Chancellor for Intellectual Property & Industry Research Alliances (IPIRA) Technology Licensing for the Benefit of the Developing World |
| Commentator: | |
| 5:10 | Shira Perlmutter, IFPI Secretariat |
| 5:20 | Discussion |
| 8:00 | Dinner, Florence |