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Programme and Agenda

Dates: 26–29 June 2016 | President: Prof. Susy Frankel

Host: Jagiellonian University in Krakow | Programme: Download (PDF)

Focus: ‘Intellectual Property as Functional Pluralism: The Parameters, Challenges and Opportunities of Variations’

Links: Official Website  | Archive  | Twitter

Message from the President

Prof. Susy Frankel

Dear Friends and Colleagues,

Intellectual property (IP) laws and policies vary among jurisdictions. The international framework of minimum standards is a structure that enables IP pluralism. Variation can be positive in order to allow for appropriate national or regional policy. Too many different rules can also be challenging, particularly for cross-border trade and enforcement. In some circumstances diversity is preferable and in others greater harmonisation may be a better option. Each panel in the congress will explore different aspects of IP variation and particularly interpretative processes, the actors and institutions involved in those processes, and the resulting outcomes at national, regional and international levels. The overarching theme is whether this IP pluralism is functional and how it might be made more so. What are the parameters, challenges and opportunities for IP as functional pluralism?

Kraków is the most recognized and visited Polish city with a one-of-a-kind atmosphere, outstanding architecture, vivid cultural and academic life. ATRIP 2016 is hosted by the Jagiellonian University in Kraków, one of Europe’s oldest universities (founded in 1364). The Intellectual Property Law Chair at the Jagiellonian University plays a prominent role in IP research in Poland.

It is recommended that you make your flight and hotel reservation as early as possible since the summer months in Kraków are the peak season for tourism and professional conferences.

I very much look forward to welcoming you to the 2016 congress in Krakow.

Susy Frankel
ATRIP President

PHOTOS FROM THE EVENT: Click Here

Highlights

Read the Full Programme

Day 1,

Monday 27 June

Session 1. Local and Global Pluralism: Integration or Separation?

Chair: Niva Elkin-Koren, University of Haifa, Israel
Discussant: Ruth Okediji, University of Minnesota, USA

Variations? Welcome- with Caveats

Gustavo Ghidini, Università Statale di Milano, Italy
(co-author Valeria Falce not speaking)

International IP Arbitration and Legal Pluralism—Infinite Variety?

Barbara Lauriat, King’s College London, England

National Courts and their Role in the Development of International Intellectual Property Law and Policy

Alison Slade, Brunel University Law School, England

Legal Method and Legal Interpretation in International IP Law: Pluralism or Systemic Coherence

Ana Nordberg, University of Copenhagen, Denmark

Global and Regional Attempts to Unify Requirements for Granting Exclusive Rights vs. Localisation of Such Requirements (trade marks)

Michal Kruk, Warsaw School of Economics, Poland

Session 2. How Governance Frameworks Impact IP-Related Goals

Chair: Maciej Barczewski, University of Gdańsk, Poland
Discussant: Abbe Brown, University of Aberdeen, Scotland

The Fallacy of Intellectual Property Clauses

Lior Zemer, Radzyner School of Law, Israel

Public Private Partnerships, Global Intellectual Property Governance and the New Sustainable Development Goals

Margaret Chon, Seattle University School of Law, USA

Intellectual Property as Functional Pluralism in the Traditional Knowledge Space

Natalie Stoianoff, University of Technology Sydney, Australia

IP Pluralism in Plant Variety Protection Re-­thinking ‘Market Failure’ & ‘Public Goods’ Theory in the Plant Breeding Sector of Developing Countries

Mrinalini Kochupillai, Max Planck Institute, Munich, Germany

Session 3. Prospects for Copyright

Chair: Christophe Geiger, University of Strasbourg, France
Discussant: Sam Ricketson, University of Melbourne, Australia

Should the Law of Copyright Infringement Care How Copies Are Made?

Joseph P. Fishman, Vanderbilt Law School, USA

Towards a New Copyright Paradigm – is there a room for Copyright as a Service Interpretation?

Ewa Laskowska, Jagiellonian University, Krakow, Poland
Grzegorz Mania, Jagiellonian University, Krakow, Poland

Copyright and Commercial Speech: An Uncharted Relationship

Antoni Rubí Puig, Universitat Pompeu Fabra, Barcelona, Spain

Value Pluralism, the Public Interest, and Copyright Law

Haochen Sun, University of Hong Kong

What if we could Reimagine Copyright?

Kimberlee Weatherall, University of Sydney, Australia
(co-author Rebecca Giblin not speaking)

Session 4. The Powerful Role of Enforcement

Chair: Tana Pistorius, University of South Africa

Reconceptualizing Intellectual Property II: From Tort to Crime

Rochelle Dreyfuss, NYU Law School, USA
(co-author Susy Frankel not speaking)

Abuse of rights’ in Belgian and French patent law – A factor of variation in interpretation or a lead towards harmonisation?

Amandine Leonard, Leuven University, Belgium

Injunctive relief in patent law – in search for flexibility

Rafał Sikorski, Adam Mickiewicz University, Poznań, Poland

Private Party Enforcement of International Intellectual Property Law

Marketa Trimble, University of Nevada, USA

Winning essay presentation

Chair: Jan Rosen, Stockholm University, Sweden

Intellectual Property Scholarship and the New Legal Realism Movement: Reflections from Bollywood

Presenter: Arpan Banerjee, Jindal Global Law School, India

Evening events: Market Square Underground – guided tour of the underground exhibition “Following the traces of European identity of Kraków”. Location: The Historical Museum of the City of Krakow. Dinner at Wesele Restaurant.

Day 2,

Tuesday 28 June

Session 5. The Many Faces of Patents

Chair: Reto Hilty, Max Planck Institute, Munich, Germany

Functional Pluralism and Inclusive Patents

Geertrui Van Overwalle, University of Leuven, Belgium

Embryonic Stem Cells, Morality and Overlapping Supra-national frameworks in the European Patent System: Too many cooks?

Aisling McMahon, Newcastle Law School, England

What if Amgen v. Sandoz Was Decided in South Korea? – Comparative analysis of Korean and U.S. Biosimilar Regulatory Regimes

Mikyung Kim, Seoul National University College of Medicine, South Korea

Patents as Functional Pluralism in Africa

Tumelo Mashabela, University of South Africa

The Unitary Patent Package of the EU: Opportunity for Convergence or for Divergence?

Duncan Matthews, Queen Mary, University of London, England

Judicial Activism in Patent Law Making: Impact on Patent Pluralism and Harmonization

Toshiko Takenaka, University of Washington, USA

Session 6. Digital Frontiers

Chair: Christian Le Stanc, University of Montpellier, France

Invention of Meanings at the Age of 3D Printing

Nari Lee, Hanken School of Economics, Helsinki, Finland

Dynamic Patent Economic Value in the Era of Electronic Commerce and Patent Infringement—in Terms of the 3D Printing Technologies

Chung-Lun Shen, National Chengchi University, Taiwan

Re-conceptualising the Country Code Top Level Domain Name as an Intellectual Property Right

Susan Corbett, Victoria University of Wellington, New Zealand

Exhaustion for a Digital Single Market

Guido Westkamp, Queen Mary, University of London, England

Session 7. International and Comparative Trade Mark Law

Chair: Annette Kur, Max Planck Institute, Munich, Germany

Challenges and Opportunities of Trademark Exhaustion Variations: Comparing the EU/EEA, NAFTA, and ASEAN

Irene Calboli, Singapore Management University and Texas A&M Law School, USA

Fairness of Competition as a Source of Limitations to Exclusive Trademark Rights: Dilemmas Surrounding Legal Mechanisms of Striking a Proper Balance

Łukasz Żelechowski, University of Warsaw, Poland

Alternative Products as a Factor to Determine the Functionality of Trade Marks – How can we Apply the Criteria from US Functionality Doctrine in EU Law?

Lavinia Brancusi, Cardinal Stefan Wyszyński University, Warsaw, Poland

The Role of Confusion in Unfair Competition Law: A Comparative Analysis

Jennifer Davis, University of Cambridge, England

Session 8. The Tumultuous Evolution of Copyright and the Creative Industries

Chair: Ysolde Gendreau, University of Montreal, Canada

The Creative Industries, Copyright and its Discontents

Begoña González Otero, EU Business School, Munich, Germany

The Economics of Professional Deference: Berne Art 10(1) and the Case of Music Copyright

Paul Heald, University of Illinois, USA

Copyrightability of Digital Remix Works and the Rights Derived Therefrom

Yahong Li, University of Hong Kong

Disability and Copyright

Karolina Sztobryn, University of Łódź, Poland

What Became of Mandatory, Global, Fair Use?

Lionel Bently, University of Cambridge, England

Rulifying Fair Use

Orit Fischman-Afori, The Haim Striks School of Law, Israel
(co-author Niva Elkin-Koren not speaking)

Evening event: Gala Dinner at Cloth Hall/Sukiennice, The Gallery of 19th-Century Polish Art.

Day 3,

Wednesday 29 June

Session 9. Regional Harmonisation and Diversity: EU Copyright

Chair: Séverine Dusollier, Sciences Po, France

EU Copyright Harmonisation

Bernt Hugenholtz, University of Amsterdam, The Netherlands

European Copyright Inside or Outside the European Union: Pluralism of Copyright Laws as a Chance rather than as a Call for Further Harmonisation

Andreas Rahmatian, University of Glasgow, Scotland

How the CJEU is Deconstructing Copyright Law

Andreas Wiebe, University of Göttingen, Germany

Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

Paul Torremans, University of Nottingham, England
(co-authors Marcella Favale & Martin Kretschmer not speaking)

Session 10. Innovation Frameworks and the Governance of Research

Chair: Peter Yu, Texas A & M Law School, USA

Assessing the Impacts of Intellectual Property: An Interdisciplinary Literature Review and Analytical Framework

Jeremy de Beer, University of Ottawa, Canada

Intellectual Property Pluralism and African Development Agendas

Susan Isiko Štrba, University of the Witwatersrand, South Africa

Intellectual Property in Research and Development Agreements from an Antitrust Law Perspective

Marek Salamonowicz, University of Warmia and Mazury, Olsztyn, Poland

IP Pluralism and Patent Rights in European universities The Spanish Case as a Paradigm

Luz Sanchez Garcia, UCAM University, Spain

Is ‘Responsible Research and Innovation’ able to Achieve the Desired Outcome for Publicly Funded Research?

Helen Yu, University of Copenhagen, Denmark

Session 11. Panel Discussion—The Future of IP Research and the Teaching of IP Research

Chair: Daniel Gervais, Vanderbilt Law School, USA

Panellists:

Graeme Dinwoodie, Oxford University, England
Rochelle Dreyfuss, NYU Law School, US
Joe Bradley, WIPO

ATRIP General Assembly

Optional afternoon activity. (1) Krakow – city centre. (2) Kazimierz – the best preserved former Jewish quarter in Europe. (3) Wieliczka Salt Mine – city tour from Krakow.