Programme and Agenda

Dates: 23– 26 June 2013: President: Prof. Graeme Dinwoodie

Programme: Download (PDF)

Focus: ‘Is Intellectual Property a Lex Specialis?’  Links: Archive

Host: Oxford Law Faculty 

Welcome from ATRIP President

Dear Friends and Colleagues,

Intellectual property laws are often viewed (both by experts in the field and by others) as exceptional. Is this true? To what extent do intellectual property laws displace or conflict with generally applicable legal rules, whether of private law, public law or procedural law? To what extent could (and should) these aspects of intellectual property law simply be handled by general principles of law? Increasingly, disputes about intellectual property are adjudicated by specialist courts and judges; is this appropriate, and how does it alter the development and interpretation of intellectual property law? This Congress will explore this theme of special or exceptional treatment by examining the interaction of intellectual property law and other bodies of law. Panels will encompass questions of private law (property, tort and contract law), public law (administrative and constitutional law), procedural law (such as conflicts of law and the use of specialist courts), and international law (including international trade law).

The University of Oxford will host the 2013 Congress in the beautiful and historic setting of Pembroke College, one of Oxford’s 38 colleges. Pembroke College was founded in 1624. Alumni of the college include Samuel Johnson, as well as JRR Tolkien’s and Senator J. William Fulbright. Recent Masters include the neurologist and record-breaking runner, Sir Roger Bannister, and Professor of Law, Robert Stevens. A block of rooms will be reserved at Pembroke for delegates. We recommend booking as early as possible as rooms will be made available on a first-come first served basis.

Graeme Dinwoodie
ATRIP President

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Read the Full Programme

Day 1,

Monday 24 June

Session 1. Intellectual Property and Property Law

Chair: Bill Cornish (University of Cambridge)

Taking Property Law Rules Seriously in Intellectual Property

Robert Burrell (University of Western Australia)
Emily Hudson (University of Oxford)

The Commons as a Reverse Intellectual Property or the Model of Inclusivity

Severine Dussolier (University of Namur)

What It Means for Brands to be Property

Dev Gangjee (London School of Economics)

The Property/Intellectual Property Relationship—Insights From the Law of Trade Secrets

Tanya Aplin (Kings College London)

Session 2. Intellectual Property and Contract Law

[Chair: Alexander Peukert (University of Frankfurt)

Fair Is As Fair Does: A Discussion of Normative Contractual Regulation Of Copyright Licensing Contracts In South Africa

Caroline Ncube (University of Cape Town)

Contract Lex Rex: Copyright, Creators and New Media

Pina D’Agostino (Osgoode Hall Law School)

Exhaustion in the Digital Age: From Status to Contract?

Ansgar Ohly (University of Munich)

Can the Lex Specialis Become the Lex Generalis: From Software Exhaustion to Digital First Sale

Alain Strowel (St Louis University, Brussels)

Intellectual Property and Mass Licensing in E-commerce and Social Networking

Charles McManis (Washington University, St. Louis)

Session 3. Intellectual Property Courts (and Judging)

Chair: Christian Le Stanc (University of Montpellier)

Specialized Patent Courts: The Swiss Experience

Cyrill Rigamonti (University of Bern)

Specialized Patent Courts: The Example of the Federal Circuit

Rochelle Dreyfuss (New York University)

Why a Specialist Patent Court Is Necessary—And What About Other Forms Of IP?

Robin Jacob (University College London)

Professionals of Intellectual Property Adjudication

Bing Wang (Tsinghua University)

Session 4. Exceptionalism in Procedural Rules (including Conflicts)

Chair: Jose Gómez Segade (University of Santiago de Compostela)

The ILA Project

Toshi Kono (Kyushu University)

Rules of Jurisdiction in the Unitary Patent Agreement

Torsten Larsen (University of Copenhagen)

The Curse of Berne

Mireille von Eechoud (University of Amsterdam)

Three Provocations Regarding IP’s Special Status in Civil Procedure

Kimberlee Weatherall (University of Sydney)

Essay competition presentation

Essay Prize Winner, Begona Otero, University of Santiago de Compostela
“Compelling Disclosure of Software Interoperability Information: A Risk for Innovation or a Balanced Solution”

Chair: Jan Rosen (Stockholm University)

Evening event: Reception (Pitt Rivers Museum).

Day 2,

Tuesday 25 June

Session 5. Breakfast Roundtable Panel A: Consumer Law

Chair: Wee Loon Loy (National University of Singapore)

A Fair Bargain? Restrictions of Use of Commercial Copies of Copyright Works As Viewed Through the Lens of Consumer Protection Law

Pascale Chapdelaine (Osgoode Hall Law School)

Contracting Out of Copyright Exceptions: the Proposed Australian Approach

Rebecca Giblin (Monash University)

Consumers’ Rights in Copyright Law: A View of Japanese Consumers

Branislav Hazucha (Hokkaido University Graduate School of Law)

Breakfast Roundtable Panel B: Competition Law

Chair: Irene Calboli (Marquette University Law School)

Enforcement of Standard-Essential Patents in Japan

Christoph Rademacher (Waseda Institute for Advanced Study)

Patent Settlements in the Pharma Sector: Towards A Lex Specialis for Intellectual Property?

Timo Minssen (University of Copenhagen)

Compulsory Licenses in Brazil: Competition Tool or Just a Threat

Milton Lucídio Leão Barcellos (Leão Intellectual Property)

Breakfast Roundtable C: Constitutional Law and Human Rights

Chair: Duncan Matthews (Queen Mary, University of London)

Access to Medicines and Human Rights

Maciej Barczewski (University of Gdansk)

Reconciling Trademark Rights and Free Speech Locally and Globally

Lisa Ramsey (University of San Diego School of Law)

Session 5. Intellectual Property and International Law

Chair: Daniel Gervais (Vanderbilt University Law School)

Towards a Theory of Structural Lex Specialis in the International IP System

Ruth Okediji (University of Minnesota)

Principles for Intellectual Property Provisions in Bilateral And Regional Agreements

Henning Grosse Ruse-Khan (Max Planck Institute)

Comment on Principles for Intellectual Property Provisions in Bilateral And Regional Agreements

Jeremy deBeer (University of Ottawa)

Reflections on Unequal Treaties, Development Agendas, and Facts on The Ground

Jerome Reichman (Duke Law School)

Session 6. Intellectual Property and Competition Law

Chair: Jens Schovsbo (University of Copenhagen)

Collecting Societies

Valeria Falce (European University of Rome)

Patents, Standards and/or Competition

Matthias Lamping (Max Planck Institute, Munich)

The Need and Justification for Compulsory Licensing

Kung-Chung Liu (Academia Sinica, Taiwan)

Sham Litigation

Denis Barbosa (Pontifícia Universidade Católica do Rio de Janeiro)

Session 7. Remedies in Intellectual Property Law

Chair: Susy Frankel (Victoria University of Wellington)

ISP Liability

Uma Suthersanen (Queen Mary, University of London)

Taking Remedies Seriously: Flexible Remedies as a Means To Counteract Failures In Copyright Law

Orit Fischman Afori (The Haim Striks School of Law, Israel)

Cumulation of IPR and Remedies. Do We Need Lex Specialis?

Anna Tischner (Jagiellonian University)

Is Anything Special About ‘Intellectual Property’? The Definition of ‘Intellectual Property’ in EU Enforcement Initiatives

Lionel Bently (University of Cambridge)

Session 8. Intellectual Property and Public Law (Constitutional and Administrative Law)

Chair: Tana Pistorius (University of South Africa)

Intellectual Property and Constitutional Law in the EU after the Treaty of Lisbon: Time to Revise Art. 17 (2)

Christophe Geiger (CEIPI, University of Strasbourg)

Lex specialis? A Dual Test

Gustavo Ghidini (University of Milan)

What Should be Exceptional: Copyright, Human Rights or Taking Disability Seriously?

Abbe Brown (University of Aberdeen)
Charlotte Waelde (University of Exeter)

Constitutions, Culture and Intellectual Property

Enyinna Nwauche (University of Botswana)

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Formal Dinner (Pembroke College Hall). Speaker: Lord Justice Mummery (Court of Appeal (England and Wales))

Day 3,

Wednesday 26 June

Session 9. Teaching: Incorporating Intellectual Property Law into General Courses

Chair: Ysolde Gendreau (University of Montreal)

Who Really Owns The Stanley Cup? The Intellectual Property Story Behind Ice Hockey’s Historic Trophy

Jeremy deBeer (University of Ottawa)

IP Capacity Building In India—Law vs Science Conundrum

V.C. Vivekanandan (NALSAR University of Law)

The Pedagogy of the Horse

Dan Burk (University of California, Irvine)

WIPO’s New Vision on IP Capacity Building: A Four Year Transition Plan

Carlotta Graffigna (WIPO)

Session 10. National Reports

Chair: Alberto Musso (University of Bologna)

Creating an IP Hub in Singapore: Education and Capacity-Building

Burton Ong (National University of Singapore)

Modern Intellectual Property Law of the Russian Federation

Ivan Zenin (Moscow State University)

In Search of the Average Consumer: Recent Trade Mark and Passing Off Cases In The UK

Jennifer Davis (University of Cambridge)

The End of Users’ Rights in Israel

Lior Zemer (Radzyner School of Law)

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Session 11. Quality Control and Ranking of Specialized IP Journals

Chair: Reto Hilty (Max Planck Institute for Intellectual Property)

Panelists:

Margo Bagley (University of Virginia School of Law)
Martin Senftleben (Amsterdam Free University)
Geetrui Van Overwalle (KU Leuven)
Giorgio Spedicato (University of Bologna)

ATRIP General Assembly

Chair : Graeme Dinwoodie (University of Oxford)

Graeme Dinwoodie (University of Oxford)
Alexander Peukert (Goethe University)
Tana Pistorius (University of South Africa)