Past Events

You can listen to audio from selected past events on our Engelberg Center Live! podcast


Explore our past events by year:

2022 Events

Chokepoint Capitalism cover with headshots of the authors on each side

Chokepoint Capitalism FUNTIME BOOK PARTY

September 23, 2022
Lipton Hall, D'Agostino Hall, NYU Law
Event Page

Corporate concentration (and profits) have breached the stratosphere. An ever-expanding constellation of industries are now monopolies (where sellers have excessive power over buyers), monopsonies (where buyers hold the whip hand over sellers)—or both. Rebecca Giblin and Cory Doctorow argue the result is ‘chokepoint capitalism’: rigged markets where powerful corporations have managed to position themselves between workers and customers in ways that allow them to extract far more than their fair share of value.

Nowhere are chokepoints more endemic than creative labor markets. Chokepoint Capitalism details breathtaking abuses being carried out in almost every place creativity meets money: book publishing; Hollywood screenwriting; game development; news; music streaming, publishing, and ticketing, and more. Deconstructing the playbook used by Big Tech and Big Content to create their chokepoints, Giblin and Doctorow show the problem to be fundamentally one of power imbalance. But they don’t stop there. They have a whole bunch of detailed, rousing, unabashedly hopeful proposals for change, showing how creators and audiences can work together to widen these chokepoints out—and get artists paid.

What can you do to help? Come to the Chokepoint Capitalism FUNTIME BOOK PARTY to find out.

A cardboard cutout addresses a rapt audience of conference attendees

Fake Symposium

September 22 and 23, 2022
Event Page

While the law is often forced to make binary distinctions between what is real and what is fake, that distinction can be much more fluid in broader society. The Fake Symposium explores the distinction between the real and the fake in a number of different contexts, and how well that understanding in the legal context maps on to societal expectations.

Brewster Kahle headshot

A Conversation with Internet Archive Founder Brewster Kahle

September 20, 2022
Furman Hall room 334

Engelberg Center Co-Director Jason Schultz discusses the future of digital ownership with Internet Archive founder Brewster Kahle.  Lunch will be provided.

Members of the Kickstarter Union celebrating under balloons that spell out "KSRU"

Kickstarter Union Oral History - Live!

September 15, 2022
Bowery Electric
Event Page

You've listened to the podcast, and now it's time to meet the workers who pulled this off and won a contract.

Join workers who voiced the Kickstarter Union Oral History Podcast, along with the Tech Workers Coalition, and the Engelberg Center on Innovation Law & Policy for a special panel discussion centered on Kickstarter United's first contract. We'll talk about what's happened since the last episode of the podcast, what workers demanded in a contract, how they built consensus, and how the terms of this contract will ripple through the tech industry.

Line drawing of old friends seeing each other after a long time

Engelverse Welcome Back Happy Hour

September 13, 2022
5:00-7:00 PM
Make Believe
RSVP Here (This event is limited to current NYU Law students only)

Join the Engelverse to welcome the start of the new academic year!

Future of Social Media

April 13, 2022
Registration Page
Video Archive

The Engelberg Center is joining the CUNY Craig Newmark Graduate School of Journalism, Information Law Institute, NYU Arts & Science, NYU Brademas Center, and NYU Center for Social Media and Politics for a half-day virtual symposium exploring the future of social media.

Social media platforms generate mountains of data — about what we like, what news we read, and who we talk to. This information, for the most part, is only available to the companies themselves, meaning journalists, researchers, policymakers, and the public lack a clear understanding of how social media impacts our society. The Facebook Papers changed that. The internal research not only revealed the potential harms caused by its platforms, but that Facebook knew about those harms and did little to stop them. Now, with an explosion of attention around this issue, we must ask — what’s next?

This half-day virtual symposium brings together a range of journalists, researchers, and legal experts to explore that question and examine how to cover, research, and regulate social media platforms in the wake of the Facebook Papers.

Professor Larisa Mann/Dj Ripley at work

Book Talk: Rude Citizenship

April 8, 2022, 12:00-1:00 pm
Registration Page

Join us for an in-person event with Professor Larisa Kingston Mann (also known as Dj Ripley of Dutty Artz/Heavy NYC) to discuss her new book Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power.

In this deep dive into the Jamaican music world filled with the voices of creators, producers, and consumers, Larisa Kingston Mann—DJ, media law expert, and ethnographer—identifies how a culture of collaboration lies at the heart of Jamaican creative practices and legal personhood. In street dances, recording sessions, and global genres such as the riddim, notions of originality include reliance on shared knowledge and authorship as an interactive practice. In this context, musicians, music producers, and audiences are often resistant to conventional copyright practices. And this resistance, Mann shows, goes beyond cultural concerns.

The first 20 attendees at the event will receive complimentary copies of the book. Lunch will be provided in accordance with NYU COVID protocols.

Photo by Haintso Rakouth

Tri-State Logo


Twelfth Annual Tri-State Region IP Workshop

January 14, 2022
Workshop Site

The Twelfth Annual Tri-State Region IP Workshop of the Engelberg Center on Innovation Law & Policy at NYU School of Law took place on Friday, January 14, 2022. The one-day conference brought together intellectual property scholars from the tri-state region to present their works in progress for discussion in a workshop environment.

2021 Events

Image of Unititled (drone) as installed on the High Line
Image by Timothy Schenck

Normalizing Gaze Speaker Series

Virtual discussions every other week from August through October 2021
Event Site

The Engelberg Center is joining with the High Line and Surveillance Technology Oversight Project to host The Normalizing Gaze: Surveillance from Drones to Phones, an online speaker series presented in conjunction with Sam Durant's High Line Plinth commission Untitled (drone).  The second High Line Plinth commission, Untitled (drone) is a large-scale fiberglass sculpture in the shape of an abstracted Predator drone, on view on the High Line through August 2022.

This biweekly online series, running through October 2021, brings together artists, activists, scholars, filmmakers, journalists, and more to demystify the twinned histories of surveillance and drone warfare in the US and examine routine examples of surveillance in our daily lives.

From Delhi to New York Event Banner

From New Delhi to New York: The Global State of Local Facial Recognition Regulations

April 16, 2021
Event Site

Co-sponsored by the Engelberg Center, Internet Freedom, The Information Law Institute, and the Surveillance Technology Oversight Project (STOP), this panel discussion will explore the evolving regulatory environment for facial recognition technology in the United States and around the world.  It brings together policy experts from New York, London, and New Delhi to explore how facial recognition is used and regulated in their respective communities, reviewing ongoing advocacy campaigns.

Could the Internet Break Democracy? banner

NYU Law Forum—Could the Internet Break Democracy?

April 15, 2021
Event Site

Could free speech, long considered a defining element of liberal democracy, also bring about its undoing? In recent years, a deluge of falsehoods, conspiracy theories, foreign-government sponsored disinformation, and hate speech in the media—particularly social media—has put this proposition to the test. People on the right have accused major platforms of selectively censoring conservative views; liberals have decried the failure of the same outlets to rein in hate speech and lies, including about the outcome of the 2020 election. Lawmakers on both sides have called for reforming, or even abolishing, Section 230 liability protections for social media. What would be the consequences of such changes, and are there alternative solutions? Should Twitter and Facebook be able to “deplatform” national leaders, as they and others did with Donald Trump? Are there steps that can and should be taken to address content algorithms that steer users towards extremism? At this Forum, Co-Hosted by the Engelberg Center, Dean Trevor Morrison and a panel of experts will address the issues that lie at the intersection of media, democracy, and speech.

Access to Medicines Event Banner


Access to Medicines: The Role and Impact of US Innovation Policy

Co-Hosted with the NYU Journal of Intellectual Property and Entertainment Law
March 10, 2021
Event Site

The COVID crisis has reminded us of the many ways in which the United States government is involved in developing and distributing live-saving medicine. This symposium explored many of the tools available to help accelerate the pace of innovation and increase availability of medicines, as well as the merits of using those tools.

Tri-State Logo


Eleventh Annual Tri-State Region IP Workshop

January 8 and 15, 2021
Workshop Site

The Eleventh Annual Tri-State Region IP Workshop of the Engelberg Center on Innovation Law & Policy at NYU School of Law took place on Friday, January 8 and 15, 2021The virtual conference brought together intellectual property scholars from the tri-state region to present their works in progress for discussion in a workshop environment.

2020 Events

Contact Tracing Poster

COIVD-19 Contact Tracing Apps

May 1, 2020
4:00 pm - 5:00 pm
Registration Page

COVID-19 contact tracing through mobile devices and applications has become prevalent and popular around the globe but questions remain: How will it affect human rights and civil liberties? Are they secure or even technologically feasible? Will they contribute or detract from our public health? We have gathered experts in law and privacy, cybersecurity, and epidemiology to address all aspects of these issues.

-- Rachel Levinson-Waldman, Senior Counsel, Liberty and National Security, NYU Brennan Center for Justice (Moderator).
-- Lorna Thorpe, Professor of Epidemiology, Director of the Division of Epidemiology, NYU Langone School of Medicine.
-- Philip Alston, John Norton Pomeroy Professor of Law, NYU School of Law; UN Special Rapporteur on extreme poverty and human rights.
-- Ed Amoroso, Distinguished Research Professor, NYU Tandon School of Engineering; CEO, TAG Cyber LLC.

Organized by Rights over Tech of the New York University School of Law.

Supported by the NYU Center for Cybersecurity, Engelberg Center on Innovation Law & Policy, and the Information Law Institute.

Logo for the Engelberg Center Copyright Reform event

A New Global Copyright Order?

April 20, 2020
1:00 pm - 5:30 pm
NYU School of Law
Event Page


The European Union recently enacted a new copyright directive that could redefine global copyright enforcement, fundamentally altering the relationship between online platforms, large content owners, and users. Join us to understand the EU’s new rules and discuss how they impact copyright enforcement in the United States and internationally.

Through a combination of lightning talks, panel discussions, and fireside chats, this event explores questions like:

What is the state of play with the European Copyright Directive?

What is the likelihood of contagion to other jurisdictions, especially the US?

What are the challenges with implementing the mandatory licensing requirement in Article 17 across different types of content?

Does the European Copyright Directive endorse upload filters as the dominant means of copyright enforcement? What could be the knock-on effects on (small and medium sized) platforms, content owners, and users?

101 Reform Logo

Reforming Section 101 and the Future of Patentable Subject Matter

April 13, 2020
8:00 am - 2:00 pm
NYU School of Law
Event Page


Section 101 of the Patent Act, which defines patent eligibility, has been at the center of a vigorous debate in recent years. Courts continue to grapple with the consequences of a series of Supreme Court decisions in the 2010s that redrew the boundaries of eligibility. The U.S. Patent & Trademark Office has announced and begun to apply its own interpretation of patent eligibility doctrine. Congress is currently debating multiple proposals for statutory reform. Join us to explore the current state of the debate and discuss possible paths forward.

Open Hardware Summit Logo

Tenth Anniversary Open Hardware Summit

March 13, 2020
Event Page

The Open Hardware Summit is an annual conference held by the Open Source Hardware Association (OSHWA).  The Summit brings together the best of open source hardware for a day of demos, discussions, and more.

Tenth Anniversary Open Hardware Summit Pre-Party

March 12, 2020
6 - 9 pm
370 Jay Street, Brooklyn
Event Page


Join OSHWA, the Engelberg Center, ITP, and 370🅙Project for the official pre-party for the Open Hardware Summit. Meet up with friends, meet new friends, and check out ITP's new home in 370 Jay.


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Public Interest Careers in Technology Panel

February 28, 2020
Furman Hall 334
Event Page

Interested in a career in public interest law and technology? Join PILC and the Engelberg Center on Innovation Law and Technology for a panel discussion with alumni and others to learn more about this varied and important field. Our panel will feature Alexia Ramirez ‘19 of the ACLU Speech, Privacy & Technology Project, Albert Fox Cahn of the Surveillance Oversight Technology Project (and an Engelberg Center Fellow), and Elizabeth Daniel Vasquez ’13 of Brooklyn Defender Services. This event will also be a great opportunity to hear about the Engelberg Center’s work and how students can get involved.

Careers in Tech Graphic

Careers in Tech (Limited to Current NYU Law Students)

January 29, 2020
Sexton Lounge (Furman Hall, 2nd Floor)

This Careers in Tech networking event is a collaboration between the IPELS Tech Committee and the Engelberg Center.  Please come and meet in-house employers that are offering 1L summer legal internships.  Drinks and hors d'oeuvres will be served and the event will follow an informal cocktail party-style format.

Feeding a Baby Unicorn Hero Image

Feeding a Baby Unicorn: What Startups Want From Their Lawyers

January 22, 2020
Event Page

Please join the Engelberg Center, The Fourth Floor, and a panel of experienced startup attorneys as they discuss their experiences hiring, firing, and working with outside counsel. This is a rare opportunity for law firm lawyers, law students, and the tech community to hear directly from decision makers and understand the client view of startup law.

Tri-State Logo


Tenth Annual Tri-State Region IP Workshop

January 10, 2020
Workshop Site

The Tenth Annual Tri-State Region IP Workshop of the Engelberg Center on Innovation Law & Policy at NYU School of Law took place on Friday, January 10, 2020.  The one-day conference brought together intellectual property scholars from the tri-state region to present their works in progress for discussion in a workshop environment.

2019 Events

Legal Madness Logo

Legal Madness

November 18, 2019
Doors at 6
Show at 7

Cafe Wha?
115 Macdougal St
New York, NY 10012

LegalMadness.Party for more information and tickets.

Working in a tech company can be madness, and lawyers at those companies have a front row seat. In house attorneys have tales to tell, but confidentiality obligations have kept them silent.

Until now....

The Engelberg Center on Innovation Law & Policy has collected anonymous stories from lawyers inside tech companies. Actors will play the role of tech lawyers at an open mic night in the Village. You can be there to see it all.


IPNY: Andelka Phillips on Buying your Genetic Self Online

Tue, October 29, 2019
6:15 PM – 7:45 PM

Furman Hall Room 120
245 Sullivan Street
New York, NY 10012

Event Page

This edition of the IPNY series features a presentation from Andelka Phillips, Senior Lecturer at Te Piringa, Faculty of Law, the University of Waikato in New Zealand and Research Associate at the University of Oxford's Centre for Health, Law, and Emerging Technologies, UK.  Professor Phillips will discuss her forthcoming book Buying Your Self on the Internet: Wrap Contracts and Personal Genomics.

The IPNY series allows the NYC IP community to come together and connect.  Professor Phillips' presentation will be followed by a Q&A and a brief reception.  For more information about the event and to RSVP please see this page.

IPNY events are free and open to the public.

NYU Law & Tech: Impact of Innovation

Tuesday, October 15, 2019
6:30 - 9:00 PM

Event Page

Legal tech is here. So is a lot of hype. What’s happening today that will actually have a meaningful impact on your practice? Come have a drink and meet NYU Law alumni who left biglaw to found leading legal technology companies as they discuss key trends with law firm, corporate and academic leaders, answering questions from NYU Law students with PhDs in Computer Science and Engineering.

Featuring: Allegory, Engelberg Center for Innovation Law & Policy, Kira Systems, Latham & Watkins, Nixon Peabody, NY Legal Tech Meetup, Rights Over Tech, Revantage, Reynen Court, PacerPro & Paladin

Cover of Copyright Law casebook

Engelberg Center Student Happy Hour and Book Launch Party

Tue, September 17, 2019
5:00 PM – 7:00 PM

Carroll Place
157 Bleecker Street
New York, NY 10012

Event Page

Come meet and reconnect with other NYU Law students interested in IP, innovation, law, and technology at the Engelberg Center's fall happy hour. Engelberg Center Faculty Co-Directors and staff will be on hand to talk about the upcoming year.

We will also be celebrating the launch of the new open copyright casebook Copyright Law: Cases and Materials by Engelberg Center Co-Directors Professor Jeanne Fromer and Professor Christopher Sprigman. If you RSVP and arrive early you may just be able to snag yourself a free signed copy.


IPNY: Rebecca Giblin on Moving Towards a New Copyright Bargain

Tue, September 10, 2019
6:00 PM – 7:30 PM

Furman Hall Room 210
245 Sullivan Street
New York, NY 10012

Event Page

This edition of the IPNY series featured a presentation from Rebecca Giblin, ARC Future Fellow and Associate Professor at Monash University, Australia presenting  "Moving Towards a New Copyright Bargain".

The IPNY series allows the NYC IP community to come together and connect.  Professor Giblin's presentation was followed by a Q&A and a brief reception.  For more information about the event and to RSVP please see this page.

IPNY events are free and open to the public.

Proving IP Banner

Proving IP

May 16-17, 2019
Conference site
Event video

Proving IP will examine the practicalities of establishing required elements in order to prove infringement or defend against allegations of infringement.  It will bring together scholars, practitioners, and experts with firsthand experience translating legal theory into legal practice.

IPNY: New EU Rules for Content Platforms

April 23, 2019
Event Page

Giuseppe Mazziotti will discuss the provisions contained in the new EU Copyright Directive, as well as provide critical context on the forces that lead to this legislative change.

Follow the Law/Break the Mold

(Restricted to NYU Law students and Alumni)
April 11, 2019
Event Page

Please join Engelberg Center Fellow Sarah Feingold (former GC and first in-house attorney of Etsy and Vroom) as she introduces her nontraditional career path mentorship program for NYU students and recent graduates.

Race + IP

April 5-6, 2019
Conference site

Event Video

Race + IP explores how IP reflects and reinforces inequalities along lines of race, gender, sexual orientation, class and disability.


Ninth Annual Tri-State Region IP Workshop

January 18, 2019
Workshop Site

The Tri-State Archive is available here.

The Ninth Annual Tri-State Region IP Workshop of the Engelberg Center on Innovation Law & Policy at NYU School of Law took place on Friday, January 18, 2019.  The one-day conference brought together intellectual property scholars from the tri-state region to present their works in progress for discussion in a workshop environment.


Limitations on Trademark Rights from Comparative and Interdisciplinary Perspectives

January 7-8, 2019
The University of Hong Kong
Conference Website

The Engelberg Center and the Law and the Law and Technology Center at the University of Hong Kong co-sponsor a conference on the limitations on trademark rights.  The conference brought together scholars from around the world to explore the nature and scope of those limitations from comparative and interdisciplinary perspectives.

2018 Events


FTC Hearing on Competition and Consumer Protection in the 21st Century
December 6, 2018

FTC Event Website

The Engelberg Cenger on Innovation Law and Policy hosted the Federal Trade Commission's eighth session of its Hearings Initiative.  The day's panels examined concerns that acquisitions and holdings of non-controlling ownership interests in competing companies, for example by institutional investors, may have anticompetitive effects.


Conference on Trade Secrets and Algorithmic Systems

Friday-Saturday, November 16-17, 2018
Conference website

The Information Law Institute and Engelberg Center on Innovation Law & Policy co-sponsored a Conference on Trade Secrets and Algorithmic Systems on November 16-17, 2018.  A cross-disciplinary group of scholars and experts examined trade secrecy's implications for data-driven decision making.  

This conference explored the increasingly important issues raised by trade secrecy protection of data-driven decisionmaking algorithms.  Its distinctive contribution was to bring innovation policy and intellectual property law expertise to the emerging debate about these tools.  Participants:

    Examined the extent to which trade secrecy is a necessary and desirable means for promoting socially desirable innovation in decisionmaking algorithms and consider possible alternatives.
    Considered the potential implications of trade secrecy for competition among developers of decisionmaking algorithms.
    Discussed the implications of trade secrecy for the ongoing validation, error correction and updating of these tools.
    Analyzed the intersection between these innovation policy issues and the concerns about accountability, transparency, privacy and fairness that have so far dominated the debate about data-driven decisionmaking algorithms.


NYU Law & Tech: Impact of Innovation

October 22, 2018
Sponsored by NYU Law Engelberg Center on Innovation Law & Policy; NYU Law Office of Career Services; and PacerPro.

The pace of legal innovation, largely driven by technology, is accelerating rapidly. That brings significant opportunities—and challenges—for how lawyers can, and should, be serving their clients. During this one hour panel, experts will discuss key areas of innovation and the implications of technological change. Noah Waisberg (CEO, Kira Systems), Chris Martin (Lead Innovation and Technology Solutions Attorney, Latham & Watkins), Ron Friedmann (Partner, Fireman & Company), Alma Asay (Chief Innovation Officer, Legal Solutions, Integreon), Anna McGrane (COO, PacerPro).


16th International Open and User Innovation Conference

August 6-8, 2018

The International Open and User Innovation Conference (OUI) is the leading academic conference on Open and User Innovation. Around 250 top researchers from various disciplines (such as innovation management, strategic management, organization design, marketing, intellectual property and innovation policy and entrepreneurship) meet annually, in order to exchange recent research findings and plans related to Open and User Innovation. Professor Katherine Strandburg and the Engelberg Center were co-organizers of this conference along with NYU Stern School of Business and Fubon Center for Technology, Business and Innovation.

2018 Summit on Global Dispute Resolution

April 26, 2018

Cravath, Swaine & Moore LLP and the Engelberg Center co-sponsored a one-day program on current issues and significant developments in the field of global dispute resolution. Program speakers included: Dr. Henry Kissinger, former U.S. Secretary of State; Judge Bernardo Sepúlveda, Mexico’s former Secretary of Foreign Affairs; the Honorable Richard Berman (S.D.N.Y.); the Honorable William G. Young (D. Mass.); scholars from Columbia Law, Fordham Law, Georgetown Law, NYU Law and Yale Law; senior in-house counsel from Fortune 500 and other multinational companies; and lawyers from some of the world’s leading law firms and arbitral organizations. 

Patent Law Essentials: What Scientists, Engineers & Entrepreneurs Need to Know

April 14, 2018

Patent protection for inventions is a valuable component of business strategy for startups and established companies. This half-day workshop, developed and presented by current students and recent NYU School of Law alumni with technical backgrounds, is designed to get intellectual property concepts on the radar screens of putative inventors.  It covers the basics of US patent law, including the patent application process, prosecution, litigation, and licensing.  The presenters discuss the implications of recent developments in patent law for inventors, drawing examples covering the scope of inventions, ranging from computer software to the pharmaceutical industries. 

Taking Stock:  The Impact and Implications for the Music Industry of the Web IV, Phonorecords III, and the SDARS III Proceedings

March 23, 2018

This half-day conference brought together industry representatives, policy experts, and distinguished academics to discuss the impact of the music industry of the rates recently set by the Copyright Royalty Board in the Web IV, Phonorecords III, and SDARS III proceedings.  The program was jointly hosted by The Brattle Group, the Engelberg Center, and the NYU Steinhardt Music Business Program, in collaboration with the Music Industry Research Association (MIRA).  Larry Miller, Steinhardt School of Music, was the master of ceremonies.  The Honorable David R. Strickler, Copyright Royalty Board, delivered the keynote address, which was followed by two roundtable discussions led by the industry experts and practitioners.

2017 Events

2017 IP Institute

November 30, 2017

The 2017 IP Institute, co-hosted by the Engelberg Center and Cravath, Swaine & Moore LLP, brought together leading judges, scholars, business people, and lawyers in the field to discuss developments across a range of intellectual property topics. The day-long event, which began with introductory remarks by the Honorable Katherine B. Forrest (U.S. District Court for the Southern District of New York) and featured a demonstration of IBM’s Watson technology.


Book Talk: Governing Medical Knowledge Commons

October 26, 2017

The Engelberg Center celebrated the launch of Governing Medical Knowledge Commons, a book edited by Katherine  Strandburg, Brett Frischmann, and Michael Madison (Cambridge University Press).  Michael Burstein ’04, Professor of Law at Cardozo Law, provided commentary.  Building on the editors’ prior work, Governing Medical Knowledge Commons provides 15 new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons.


The Patentability of Life Sciences Inventions in Europe Versus the United States

September 28, 2017

The U.S. Supreme Court decisions in Mayo and Alice have spurred uncertainty concerning the patentability of life sciences inventions in the United States.  A growing perception is that the European Patent Office is treating more favorably European equivalents of life sciences inventions which are unable to secure patent protection in the United States.  Such an outcome would undermine the global integration of patent standards and would increase the cost and complexity of obtaining global patent family protection in the life sciences. This state of affairs calls for assessing patentability requirements at an international level. Our panel compared and contrasted the standards applied to life sciences invention at the European Patent Office and the United States Patent and Trademark Office, and explained, for hypothetical inventions, how the result could differ under each regime. 


NYU Microsoft IP Academic Rountable

September 15, 2017

In an invitation-only session, thought leaders at Microsoft and select academics met for a day of discussion on cutting-edge issues in intellectual property and innovation law and policy.  Among the topics of the day were the Patent Trial and Appeal Board and district court litigation, the interplay of courts and Congress in evolving patent policy, design patents, and artificial intelligence.

Jason Schultz Book Talk: The End of Ownership

April 4, 2017

If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don’t own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell’s 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn’t. In The End of Ownership, Aaron Perzanowski and Jason Schultz explored how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argued that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.


March 28, 2017

An entertaining multimedia presentation by Peter S. Menell (UC Berkeley Law, Koret Professor of Law and Co-Director, Berkeley Center for Law & Technology) concerning the long-running IP litigation between Oracle and Google pending before the U.S. Court of Appeals for the Federal Circuit.  At issue in Oracle v. Google is whether Oracle can claim a copyright on Java APIs (software) and, if so, whether Google infringes these copyrights.  Christopher Sprigman provided commentary.

Patent Law Essentials: What Scientists, Engineers, Physicians & Entrepreneurs Need to Know

March 25, 2017

The goal of this afternoon-long workshop was to help undergraduates, graduate students, post-docs, faculty, and alumni in science, engineering, medicine, business, and law appreciate the basics of U.S. patent law as a guide to, among other things, when they should consult lawyers concerning their innovations.  The Engelberg Center co-sponsored this program together with the NYU Entrepreneurial Institute and three student-run organizations at NYU School of Law: the NYU Intellectual Property & Entertainment Law Society; NYU Patent Law Reading Group; and the NYU Social Enterprise & Startup Law Group. In addition to being co-sponsored by NYU School of Law student organizations, NYU School of Law students Stephen M. Hou ’17 and Julian G. Pymento ’17, both with engineering backgrounds, developed and taught this program.  The workshop covered the basics of U.S. patent law, including the patent application process, prosecution, litigation, and licensing.  The program highlighted key issues that inventors should be aware of as they navigate the patenting process, discussed what recent developments in patent law mean for inventors, and drew examples ranging from the computer software to the pharmaceutical industries. 

THE CRISPR Patent Battle: Implications for Downstream Innovation and Commercialization in Gene Editing

March 21, 2017

Four expert panelists discussed several issues raised by the recent patent interference ruling at the U.S. Patent Trial and Appeal Board between two universities (the MIT- and Harvard-affiliated Broad Institute versus the University of California, Berkeley) concerning their respective patent claims to the gene editing technology CRISPR/Cas9.  Our expert panelists explained the importance of the CRISPR technology, which was developed via federal research grants, and the patent litigation issues.  In particular, they offered their perspectives on how the recent ruling may affect the short-term strategy of companies seeking to innovate using the CRISPR platform and the longer-term implications of the university patentees’ CRISPR licensing strategies for downstream innovation using the CRISPR platform.

2016 Events

2016 IP Institute

December 1, 2016

The 2016 IP Institute, co-hosted by the Engelberg Center and Cravath, Swaine & Moore LLP, brought together leading judges, scholars, business people, and lawyers in the field to discuss developments across a range of intellectual property topics.  Speakers included: The Honorable Raymond T. Chen (U.S. Court of Appeals for the Federal Circuit); The Honorable Paul R. Michel (U.S. Court of Appeals for the Federal Circuit) (Retired); The Honorable Leonard P. Stark (U.S. District Court for the District of Delaware); The Honorable Joseph J. Farnan, Jr. (U.S. District Court for the District of Delaware) (Retired); The Honorable Faith Hochberg (U.S. District Court for the District of New Jersey) (Retired); The Honorable Denise L. Cote (U.S. District Court for the Southern District of New York); The Honorable Colleen McMahon (U.S. District Court for the Southern District of New York); Professor Scott Hemphill (NYU School of Law); A Demonstration of IBM Watson (The Platform for Cognitive Business)

Trial by Jury of Patent Cases

September 30, 2016

This conference assembled distinguished federal jurists, academics, and practitioners to discuss whether the 7th Amendment guarantees a right to a jury trial in patent cases and to analyze, in a series of presentations and roundtable discussions, current issues and trends in how patent jury trials are conducted.  The Honorable Kathleen O’Malley (Circuit Judge, United States Court of Appeals for the Federal Circuit) delivered the keynote address.

Music Licensing: Innovations for Modern Times

June 17, 2016
Stream the roundtables here.

The conference assembled distinguished academics, industry representatives, and policy experts to discuss how the music licensing ecosystem can compensate the right people more transparently, fairly, and efficiently.  Together with the Technology Policy Institute, Professor Christopher Sprigman organized this conference.

A Copyright Office for the 21st Century

March 18, 2016

Jointly hosted with the Duke Law School Center for Innovation, this conference drew experts from academia, industry, and government for a discussion on how to modernize the U.S. Copyright Office to best serve the needs of content creators, distributors, users, and the general public in the digital era. The discussion focused on what a modern copyright agency should be doing, how to improve registration and recordation functions, the possibility of adding regulatory and adjudicatory functions, and the congressional perspective.  Speakers included Sandra Aistars, George Mason University Law School; Troy Dow, Disney; Dave Green, Microsoft; Joseph Liu, Boston College Law School; William Patry, Google; Arti Rai, Duke Law School; Mary Rasenberger, The Authors Guild; Pamela Samuelson, UC Berkeley School of Law; Matt Schruers, Computer & Communications Industry Association and Georgetown University Law Center; and Christopher Sprigman, NYU School of Law.  Professor Sprigman was an organizer of the conference, together with Professor Rai.

IPNY: Whose Knowledge Is It Anyway? Innovations in Traditional Knowledge Protection

March 3, 2016

This conference highlighted the project entitled Local Contexts, which is an online platform directed to the intellectual property needs of Native, First Nations, Aboriginal, and Indigenous peoples in relation to the extensive collections of cultural heritage materials currently held within museums, archives, libraries, and private collections.  This project addresses the unique problem of public domain materials and third-party owned content that has become separated from the local native communities and is missing important information about use and circulation. One of the key devices for engaging this curatorial challenge is the suite of Traditional Knowledge (TK) Labels developed by this project and implemented on its website.  Professor Jason Schultz, NYU School of Law, moderated the discussion among panelists Professor Jane Anderson, NYU; James Francis, Sr., Penobscot Nation; and Dr. Elizabeth Peterson, Director, The American Folklife Center at the Library of Congress.

Innovation Clusters

February 26, 2016
Stream the roundtables here.

At this conference, innovation experts from industry, government, and academia discussed the rise of successful technology clusters in Silicon Valley, Israel, and elsewhere, and the challenges facing the next generation.  Professor Fiona Murray, MIT Sloan School of Management, gave the keynote address, followed by discussions among the conference speakers on the following topics:

  • Superstar Regional Clusters:  How Did They Develop?
  • Two Views from the Entrepreneur’s Perspective
  • Making Sense of Regional Clusters:  The Next Generation

Hot Topics in Intellectual Property Law: The Judges' Perspective

February 24, 2016

The Honorable Pauline Newman ’58 (United States Court of Appeals for the Federal Circuit) and the Honorable Timothy B. Dyk (United States Court of Appeals for the Federal Circuit) fielded questions from Professor Rochelle C. Dreyfuss and Anne Hassett, regarding their perspectives on recent court rulings and the Supreme Court’s review of important issues in intellectual property law.

National Policies on Secondary Pharmaceutical Patents: Their Effectiveness and Implication for Innovation and Access to Medicines

January 23, 2016

Over the past two decades the number of secondary pharmaceutical patents has grown in developed countries, together with concern about the diffusion of this practice to developing countries.  Some developing countries have enacted policies restricting their grant on the view that such patents are not sufficiently innovative and can raise prices and create barriers to access medicines. The conference brought together academics and practitioners to examine (1) the restrictions that exist in developed and developing countries on obtaining and enforcing secondary patents and their effectiveness; (2) whether and how secondary pharmaceutical patents affect prices and access to medicines, and their impact, if any, on innovation incentives.  This conference was organized by Bhaven Sampat, together with the Engelberg Center, and Ken Shadlen, The London School of Economics and Political Science.

2015 Events

2015 IP Institute

November 19, 2015

This conference, presented jointly by the Engelberg Center and Cravath, Swaine & Moore LLP, assembled thought leaders in the field of IP for a day of discussion focused on cutting-edge issues affecting innovation, intellectual property law and practice, and competition in the domestic and international arenas.  The Honorable Diane P. Wood (U.S. Court of Appeals for the Seventh Circuit) was the keynote speaker.  The conference included a panel on Judicial Perspectives on IP featuring the Honorable Diane Wood, the Honorable Paul R. Michel (U.S. Court of Appeals for the Federal Circuit (Retired)), and the Honorable Robert W. Sweet (U.S. District Court for the Southern District of New York).  Professor Rochelle Dreyfuss moderated a panel on Major Developments in the Trademark Area, and Professor Christopher Sprigman spoke on a panel discussing Copyrights – The Digital Area Accelerates Change. 

Net Neutrality and Beyond

November 16, 2015

The Engelberg Center co-hosted with Engine a panel discussion of the implications of the litigation challenging the FCC’s order implementing net neutrality (United States Telecom Association v. Federal Communications Commission, et al.) in the U.S. Court of Appeals for the D.C. Circuit, shortly before oral arguments on December 4, 2015.  The discussion also considered the impact on Internet businesses if the Court upheld only portions of the order. Panelists included: Michael Cheah, Vimeo; Jameson Dempsey, Kelley Drye & Warren LLP; Julie Samuels, Engine; and Professor Christopher Sprigman, NYU School of Law. 

“1099 economy” Meeting with NY AG office

September 17, 2015

This meeting was an off-the-record conversation with the New York State Attorney General Office’s Internet Bureau about labor and employment issues for NY tech startups.

Testing Whether a Patented Feature Drives Customer Demand

September 10, 2015

Proving patent infringement damages is more challenging now that Federal Circuit law requires proof that the patented feature drives demand for the accused product. Professor Jacob Jacoby, a renowned expert in the use of surveys in trademark infringement cases, discusses his new survey method designed for use in assessing damages for patent infringement. Following Professor Jacoby’s presentation, Professor Barton Beebe moderates a panel discussion of the survey method and its ramifications.

ETH/NYU Transatlantic Innovation Scholarship Conference: Design Protection → Design Innovation?

June 10-12, 2015

The Engelberg Center co-hosted with ETH a conference examining how design innovation is influenced by design protection, including whether the nature of design protection differs among industries, whether the various forms of design protection actually provide incentives for firms or individual designers to create new designs, and how the US examination-based design patent system compares with the EU registration-based design protection regime, in terms of use, effectiveness, provision of incentives, and effect on competition.

IPRs at the PTAB: Should They Be District Court Lite or a Second Bite at the Prosecution Apple?

June 2, 2015

Engelberg Center Executive Director Anne Hassett moderated a panel discussion among industry representatives, including the pharmaceutical and high tech industries, on whether innovation is better supported by having the Patent Trial and Appeal Board (PTAB) apply in inter partes review (IPR) proceedings the same legal standards that US District Courts apply in patent litigation or the standards which the USPTO applies in patent prosecution. Panelists included: Matthew Levy, Computer and Communications Industry Association; Hans Sauer, Biotechnology Industry Organization; Jaime A. Siegel, ACACIA Research Group LLC; Marian Underweiser, IP Policy & Strategy, IBM; Jane Wasman, Acorda Therapeutics, Inc.

Will Fee Shifting Help or Hinder Patent Enforcement?

March 2, 2015

An expert panel discusses the pros and cons of the current legislative proposal n H.R. 9 that the patent litigation loser should pay the winner's attorney's fees and costs. Professor Jason Schultz moderated a discussion on the role of fee shifting as a deterrent to abusive litigation and whether the proposed fee shifting is needed in view of the relaxed standard for exceptional case recovery since the SCOTUS decision inOctane and Highmark.

2014 Events

2014 IP Institute

December 4, 2014

This conference, presented jointly by the Engelberg Center and Cravath, Swaine & Moore, assembled thought leaders in the field of IP for a day of discussion focused on cutting-edge issues affecting innovation, intellectual property law and practice, and competition in the domestic and international arenas. The keynote speaker was The Rt. Hon. Professor Sir Robin Jacob, University College London, who presented a European perspective on the US IP system. The various panels examined the issues from the perspectives of industry, the judiciary, academia, and federal and state agencies. Together with the Honorable Faith S. Hochberg (USDNJ) and Micky Minhas, Microsoft Corporation, Professor Dreyfuss participated in a panel discussion on “What Litigators Need to Know About US PTO Post-Grant Processes.” Professor Dreyfuss and David J. Kappos were co-organizers of the IP Institute.

Post-mortem Panel on Authors Guild v. Google Hearing

December 3, 2014

The Authors Guild lawsuits against Google and its library partners (brought separately as Authors Guild, Inc. v. HathiTrust) have set much of the stage for how US copyright law impacts efforts to mass digitize book collections. On December 3, 2014 at 2 p.m., the Second Circuit heard argument in the appeal of Authors Guild v. Google, where Judge Denny Chin granted judgment in favor of Google, finding that its book digitizing activities were fair use under Section 107 of the US Copyright Act. This panel focused on the contents of the appeal, including the questions presented, the briefing, the argument, and the implications for any certiorari petition to the Supreme Court. Featured speakers included: Greg Cram, Associate Director of Copyright and Information Policy, New York Public Library; Jeremy Goldman, Frankfurt Kurnit Klein + Selz PC, Counsel for the Authors Guild; Joseph Gratz, Durie Tangri (Counsel for Google); Corynne McSherry, Intellectual Property Director, Electronic Frontier Foundation; Professor Jason Schultz, Director, Technology Law & Policy Clinic and Co-Director of the Engelberg Center on Innovation Law and Policy; and Fred von Lohmann, Legal Director for Copyright, Google. Co-sponsored by the New York Public Library.

IPNY: Google on US Patent Quality

November 20, 2014
Stream the panel discussion here

Laura Sheridan, Patent Counsel at Google, discussed ideas for improving the quality of U.S. patents, focusing both on institutional reforms that could make the PTO better at turning away low-quality patent applications and changes in the patent law that could also help us reach that goal. The Engelberg Center faculty co-directors also shared their insights.

Warrant Canary Workshop

November 3, 2014

Discussion of the political, legal, and technological questions raised by the increasing use of “warrant canaries” by technology companies to inform the public about government surveillance.

Copyright vs. Creativity: Is Intellectual Property Reserved for the 1%?

September 23, 2014

Coinciding with the US launch of the graphic novel, Ricky Rouse Has a Gun, this panel asked whether copyright has lost one of its principle functions: to protect authors and original ideas. In the digital age, does copyright have a purpose beyond protecting corporations from illegal copying and file sharing? Panelists included Jörg Tittel, Author, Ricky Rouse Has a Gun; Charles Brownstein, Executive Director, Comic Book Legal Defence Fund; Professors Christopher Sprigman and Barton Beebe, NYU School of Law.

How are Knowledge, Information, and Other Shared Intellectual Resources Governed?

September 5-6, 2014

This interdisciplinary conference, co-sponsored with the International Association for the Study of the Commons, convened an international group of researchers studying cooperative arrangements for sharing intellectual resources, or “knowledge commons.”  Focusing on the fields of medicine and the environment, presenters considered how knowledge commons work, what contributes to their durability and effectiveness, and what undermines them.  Professor Katherine Strandburg was co-chair of the conference.

Engelberg Center 20th Anniversary Celebration

La Pietra, Florence, Italy
July 7-11, 2014

In honor of the Engelberg Center’s 20th anniversary, faculty co-directors Barton Beebe, Rochelle Dreyfuss, Jeanne Fromer, Jason Schultz, Christopher Sprigman, and Katherine Strandburg joined benefactor and trustee Alfred Engelberg ’65, Dean Trevor Morrison, and others for a celebration at NYU’s La Pietra campus near Florence, Italy. The participants discussed a diverse range of topics, including IP’s role in fashion, patents in the life sciences, software development’s uneasy relationship to IP, and privacy in the age of “big data.”

Medical User Innovation & Medical Knowledge Commons Workshop

May 15-17, 2014

This focused interdisciplinary workshop brought together researchers studying medical and health innovation from the user innovation and knowledge commons governance approaches; explored potential synergies between these two groups of researchers, who brought different backgrounds, methodologies, and expertise to these issues; and interrogated and critiqued the role of intellectual property in medical research and innovation in light of the potential for user innovation and knowledge commons approaches.

IPNY: The Role of Geographical Indications

April 17, 2014

The inaugural IPNY event; a new series of public lectures from experts on contemporary issues of IP and innovation law and policy. For the first installment of IPNY, Richard Mendelson and Professor Sprigman had a lively debate on the role of geographical indications.

50 Years Later: The New York Times v. Sullivan

April 2, 2014

March 9, 2014 marks the 50th anniversary of the US Supreme Court's landmark decision on the freedom of the press in New York Times Co. v. Sullivan. In the decision, the Supreme Court held that the First Amendment protects reports about public officials -- even false ones -- unless they have been made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). This case allowed much of the press reports on civil rights in the South to move forward. Fifty years later, we convene to consider the implications and lasting significance of the Supreme Court's decision.

Innovation Law & Policy Edit-a-thon

March 8, 2014

The inaugural Innovation Law & Policy Edit-a-thon, co-sponsored by the Engelberg Center on Innovation Law & Policy and the Wikimedia Foundation, brought together a coalition of experienced editors, as well as law professors, activists, and other professionals, to create and improve Wikipedia articles at the intersection of law and policy.

2013 Events

Drones & Aerial Robotics Conference

October 11–13, 2013
Stream the keynote speech here.

The Drones & Aerial Robotics Conference was a multidisciplinary conference about UAVs and drones—with a special emphasis on civilian applications. DARC broadens the public conversation beyond the privacy and targeted killing debates. We delved deep into the impact of unmanned systems on society and advance knowledge in legal and practical domains.

Rob Reid Year Zero Book Talk

April 30, 2013

The entire cosmos has been hopelessly hooked on humanity's music ever since "Year Zero" (1977 to us), when American pop songs first reached alien ears. This addiction has driven a vast intergalactic society to commit the biggest copyright violation since the Big Bang. The resulting fines and penalties have bankrupted the whole universe. We humans suddenly own everything-and the aliens are not amused. Join author and entrepreneur Rob Reid for a unique look at the institution of copyright law, followed by a conversation with David Pashman (General Counsel, Meetup) and a Year Zero book signing.

The Relationship between the Federal Circuit and the Supreme Court in the Development of Patent Law

March 13, 2013

An informal discussion between Judges Timothy Dyk and Pauline Newman. The interchange was lively as both are judges on the US Court of Appeals for the Federal Circuit with very different ideas about intellectual property policy and theories of adjudication.

Defensive Patent License Project

February 1, 2013

The Defensive Patent License (DPL) is a new legal mechanism to protect innovators by networking patents into powerful, mutually-beneficial legal shields that are 100% committed to defending innovation – no bullies, trolls, or other leeches allowed. It is designed to address the most broken parts of the patent system. The DPL also helps prevent adversaries from patenting open technologies and pulling them out of the public domain. It is an open source-style patent license that seeks to promote the use of patents to encourage freedom to innovate & to operate instead of using them to shut down competition, for rent-seeking, or to inhibit access to knowledge. This approach offers several potential benefits, especially to open innovation communities and/or start-ups: 1) A way to legally bind companies/patents to exclusive defensive use; 2) A way to allow those who are skeptical/critical of the patent system to participate without worry that their innovations will be offensively weaponized; 3) A way to improve prior art by filing defense-oriented patent applications that will preempt future offensive applications; 4) A way to prevent patent trolls from exploiting patents by preemptively committing them to defensive-only use; and 5) A way to provide access to a clear collection of patents that anyone can use for free as long as they are also committed to defensive uses.

2012 and Earlier

Life as a New IP Associate

October 4, 2012

A panel discussion on how to transition from law school to private practice.

Convening Cultural Commons

September 23-24, 2011

The purpose of this workshop was to gather scholars from a variety of disciplines who share interests in the study of commons as governance regimes in information, knowledge, and other cultural contexts. The focus was on institutional analysis of commons, common pool resources, and related institutions for governance of knowledge and information and rights in knowledge and information. Relevant disciplines included law, political science, economics, sociology, organizational science, information science, Science and Technology Studies (STS), and the history of science and technology, among others.

Cultural Protocols Workshop

August 19, 2011

This workshop brought together a small group of legal and cultural scholars to explore the concept and the utility of cultural protocols in relation to Indigenous and local knowledge management issues. The focus of the workshop was predominately legal – and this is quite deliberate. In thinking about the possibilities of protocols and how they can be used as a useful strategy as well as a tool of leverage for Native American communities in the United States, as well as elsewhere, it is critical that there is an inter-linked and robust legal framework that can work in support of the further development of cultural protocols. This will not only contribute to the ability for communities to make informed decisions about how cultural protocols can be effectively utilized, but also provide significant background work in the instances where specific cultural protocols are undermined or delegitimized by third parties.

Balancing Wealth and Health: Access to Medicines in Latin America as a Case Study of the Global Administration of Intellectual Property Law

May 25-26, 2011

This Workshop considered the draft report of a project undertaken as part of NYU’s Global Administrative Law (GAL) Network, sponsored by the International Development Research Centre (IDRC) of Canada and jointly coordinated by the University of the Andes (Colombia) and NYU. The project was aimed at examining, through a series of case studies, the processes and administrative mechanisms that states use internally to negotiate the balance between intellectual property rights and other policy and human rights considerations.

User and Open Innovation: How Should Intellectual Property Law Respond?

May 28-29, 2010

The NYU’s Engelberg Center and the UC Berkeley Center for Law & Technology co-sponsored a workshop to consider the implications of user and open innovation for intellectual property doctrine. The importance of these creative paradigms relative to centralized innovation by manufacturers and mass media producers is increasingly recognized in the business community, yet has not been systematically addressed by intellectual property law. The workshop brought together an interdisciplinary group of scholars of law, management, and economics to consider whether and in what specific ways intellectual property law should be modified to accommodate the increasing importance of innovation by users for their own use and of collaborative and open processes of innovation.

Enough is Enough!: Ceilings on Intellectual Property Rights Workshop

May 1-2, 2009

The Engelberg Center at NYU School of Law and the Max Planck Institute for Intellectual Property, Competition and Tax Law [MPI] held a two-day workshop to consider whether Enough is Enough: whether it is time to consider limits on the expansion of intellectual property rights within the international framework. The intent is to talk about existing limits within, and outside, intellectual property law (including human rights and competition law). Also considered were existing proposals for mandatory limits imposed through international intellectual property law.

Workshop on Trade Secrecy

February 20-21, 2009

A workshop for the authors of the Trade Secrecy book in the hope of making the final volume better integrated and giving the authors the opportunity to benefit from one another’s feedback.

Digital Convergence and Copyright

April 7, 2008

The Intellectual Property and Entertainment Law Society of NYU School of Law hosted a symposium on digital convergence and copyright. The Symposium was held under the aegis of Engelberg Center on Innovation Law and Policy. The Symposium addressed copyright issues associated with emerging media services, from both a business as well as legal perspective, discussing digital distribution of entertainment and phenomenon that blurs the boundaries between different media and copyrightable subject matters.

Working Within the Boundaries of Intellectual Property – Conference of the Engelberg Center on Innovation Law and Policy

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.

Anti-Dilution: The Theory and Reality of Extended Trade Mark Protection in the US and EU

December 8, 2006

This workshop explored the case for expanding trademark protection beyond its traditional realm, examined its implementation in practice, and considered countervailing considerations.