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.


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

Wesley M. Cohen, Duke University Fuqua School of Business
Real Impediments to Academic Biomedical Research [co-author John P. Walsh]

9:50 Katherine J. Strandburg, DePaul University College of Law
Sharing Research Tools and Materials: Homo Scientificus and User Innovator Community Norms
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
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
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
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

Nancy Kopans, JSTOR
Not-for-Profit Digital Archives

10:05 Discussion
11:00 Break
Panel 6 Circumventing Intellectual Property: Open Access Publishing
11:30 Christopher R. Leslie, Chicago-Kent College of Law
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
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
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?
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
5:10 Shira Perlmutter, IFPI Secretariat
5:20 Discussion
8:00 Dinner, Florence