ATRIP 38th Annual Congress
August 25 – 28, 2019
Nashville, Tennessee
PROGRAMME AND AGENDA
| Dates: 25–28 August 2019 | President: Prof. Daniel Gervais |
| Focus: ‘Recreating Copyright Law, Redesigning Design Law, Resourcing Trademark Law, and Reinventing Patent Law’ | Programme: Download (PDF-1) | Download (PDF-2) | Download (PDF-3) |
| Host: Vanderbilt University | Links: Archive |  #ATRIP2019 |
WELCOME FROM ATRIP PRESIDENT
Dear ATRIP Members and Congress attendees,
The theme of our Congress this year is Recreating Copyright Law, Redesigning Design Law, Resourcing Trademark Law, and Reinventing Patent Law.
This theme will allow us to explore ideas to reform IP law but with a focus on the interface between a core of primary international IP (rights in copyright, trademark , design and patent law that have been part of treaties and national laws for many decades)andsecondary(orperipheral)rightsaddedtothecore. Insteadofreforming copyright law, for example, rights against circumvention, removal or alteration of Rights Management Information (RMI) and, in the EU, a sui generis right in databases were added. In the field of trademarks, courts and legislators have added new doctrines to traditional confusion-based tests, such as dilution. Patents and designs now have adjuncts such as the right in computer chips and rights in clinical data (data exclusivity).
The Nashville Congress will discuss both the consequences of changing primary IP rights and whether adding secondary rights to the core of primary rights is a good idea, and if so when and how.
I am very much looking forward to welcoming all of you to Nashville in August. Nashville is a booming city, known not just for its incredible music offerings but increasingly also for its art and food, as you will discover.
With very best wishes,
Prof. Daniel Gervais, PhD, MAE
President, ATRIP, 2017-2019
PHOTOS FROM THE EVENT
HIGHLIGHTS
Read the Full Program.
Day 1, Monday 26 August
Session 1. Setting the Stage
Chair: Ruth Okediji
Technological Inequality
Incoherence in US and EU International IP Policy
Intellectual Property Primary and Secondary Rights in International Law
Roberto Garza Barbosa
Re-setting the Relationship Between Trademark and Unfair Competition Law
Session 2. Copyright: Big Ideas for Reform
Chair: Niklas Bruun
Changing the Copyright Conversation: The Problem of Proliferating Rights
Moving towards a New Copyright Bargain
Rebecca Giblin
(Re)-Creating Copyright Law in the Light of the Fundamental Right to Free Artistic Expression
The Place of the Open Movement of Copyright Reforms
Reimagining Copyright Educational Exceptions
Copyright: The Case for Abolition
Session 3A (parallel). IP, Land & TK
Chair: Sang Jo Jong
Patent Disclosure Reforms and the Role of Traditional Knowledge Databases
Rights to do and Rights to Prevent? New Approaches to Rights Overlap Across Intellectual Property, Information Control and Oil and Gas
Sui Generis Protection of Plant Varieties: Implications for Redefining the Norms of Patent Protection
The Impact of Sui Generis Rights for Indigenous Knowledge and Culture over Primary IP Rights
Making Intellectual Property Law Works for Africa’s Agricultural Sector
Session 3B. Geographical Indications in Focus
Chair: Christian LeStanc
Local Places in Global Spaces: Struggles over Geographical Indications and Suggestions for Reforms
Rebreeding Geographical Indications Beyond Agriculture: Of ‘Genotype’ and ‘Phenotype’ in Territorial Products
What about Adding New Rights to the Lisbon System and Making it in Charge of the (TRIPS) Special Register for Wines and Spirits?
Čigota – the First Registered Geographical Indication of Origin for Services in the World
Mario Lukinovic
Brand New IP: ‘Country Name Designation’ – From France with Love
Nathalie Corthésy
Session 3C. Patent Dilemmas
Chair: Jens Schovsbo
Judging the Overlaps between Patents and Plant Breeders’ Rights
Effects of Fast-tracking Patent Examination Policy on Green Technology Innovation
Thinking (again) Beyond TRIPS Agreement about Reshaping the Patent Term: with (some) Empirical Evidence
Interpretation of Int’l Agreements Regarding Primary IP Norms in The Practice of The WTO – A Tool for Reinventing Patent Law?
Maciej Barczewski
Broccoli, Tomatoes, and Peppers; Palatable and Patentable? Examining the interpretation of Article 53(b) EPC at the European Patent Office
The Reasonable Application of Restitution in the Patent Litigations: Convergence and Conflict between Patent Infringement and Unj. Enri
Chung-Lun Shen
Session 4. Patents: Big Ideas for Reform
Chair: Peter Yu
Creating Gender-Neutral Patent Law?
Does the rise of corporate patent ownership necessitate a reinvention of patent law?
Why Harmonize? The Counter-Case of Second- Tier Patent Rights
Customising Patent Law for Biomedical Innovation: towards a Patent Duty Regime
Fault and Patent Infringement
Ethical’ Use: A Missed Regulatory Opportunity?
Day 2,
Tuesday 27 August.
Session 5. Trademarks: Big Ideas for Reform
Chair: Judge Kent Jordan
Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility
Building a Robust Trademark Fair Use System in China
Reinventing Trademark Law for Its Old Purpose: The Case against the Protection of Non-Traditional Trademarks
How States Can Plainly Package Human Rights to Balance Expanding Trade Mark Owner Rights
Genevieve Wilkinson
Pseudo-Certification Marks
Session 6. Interfaces with Big Data and AI
Chair: Christophe Geiger
AI + IP
Challenges of Artificial Intelligence to Patent Law & Copyright Law and Countermeasures
Xiang Yu
To Monopolize or not to Monopolize: IP in the Age of Data
Margaret-Ann Wilkinson
IP and Data Protection – Convergence or Divergence
AI Patents and the Self-Assembling Machine
The New Big Data Protection Mechanism in Japan: Helpful, Harmful, or not that Big (a deal) After All?
Christoph W. Rademacher
Session 7A. EU and US Copyright: In Turmoil?
Chair: Barbara Lauriat
Rebus sic Stantibus of Renegotiating Royalties à la polonaise. A Clash or Symbiosis with Civil Law
Between Svensson and Renckhoff: EU Communication to the Public in Disarray?
Hyperlinking to Copyright Works in EU: Finding a Weak Link
How Fundamental Rights Shape EU Copyright Law: An Empirical Analysis
João Pedro Quintais & Bernd Justin Jutte
On the Adequacy of an Essential Function Doctrine in Copyright Law
Session 7B. Focus on Pharma
Chair: Ida Madeiha
Data Exclusivity and Patents – Interrelations, Overlaps and Consequences of Their Coexistence
Doctrine of Sound Prediction – A Possible Tool to Support Patenting Black Box Algorithms for Personalized Medicine?
Helen Yu
The Patentability of Genetic Therapies: CAR-T and the Medical Treatment Exclusion around the World
Jorge L. Contreras & Luis Gil Abinader
South Africa’s Bayh Dole Equivalent – Intellectual Property Rights from Publicly Funded Research and Development Act, Act no.51 of 2008
Nyatlo Mavis
The Interface between Patents and Competition Policy in the Pharmaceutical Sector: Implications for Access to Medicines
Session 7C. National Approaches
Chair: Martin Senftleben
Innovation through Judicial Specialization
Modernization of trademark legislation in Mexico
Guillermo Martínez Cons
Pre-1972 Sound Recordings: Noncommercial Uses in Law and Practice
The Balance of Primary and Secondary Rights in Russian IP Law
Ivan Zenin
Copyright (As Constitutional Property) Materials and the Prot’n of the Right to Basic Education in S. Africa: Deprivation or Expropriation?
Design: Lessons from a Comparative Law Analysis
Machine-Learning Technologies: (Dis)Empowering Digital Citizens?
César Ramírez-Montes
Session 8. Copyright: ‘Out of the Box’
Chair: Raquel Xalabarder
From Technology to Economic Right(s) in Copyright: a (Musical) Review
Eva Laskowska-Litak
Expanding Authors’ reversion rights as a response to copyright term extensions
Adding Remix Right as a Secondary Copyright
Copyright Exceptions and Limitations for Legal Deposit: Should there be More Consistency?
The Derivative Right: Lessons from the Film Industry
An Appraisal of Copyright as Tool to Accommodate Digitized Heritage in the Dynamic of Cultural Creative Industries
Caroline Joelle Nwabueze
Commenter
Bernt Hugenholtz
Essay Competition
Chair: Jan Rosen
Presentation by Or Cohen-Sasson, Winner, 2018 ATRIP Essay Contest, “A Hidden Technological Assumption in Patent Law: The Case of Gene Patents and the Disclosure Requirement</I (presentation sponsored by FICPI)
Day 3,
Wednesday 28 August
Session 9. Big Bang
Chair: Joseph Fishman
Looking at Copyright and Related Rights From Outside – Consistency of Protections through a Public Domain Principle
Defining Intellectual Property as an Investment
Communications Law and Copyright Law: Toward Greater Legal Convergence in the Digital Domain
Developing a Creator-Centric Approach to Copyright in the Age of Online Platforms
Intelligent Design or Natural Selection?” The Contested Future of Intellectual Property Law
For a Systemically Appropriate and Pro-competitive Reconstruction of the Relationship between IP and Unfair Competition Law
Education and Methodology Panel: The Role of Libraries and Repositories in IP Education and Research
For a Systemically Appropriate and Pro-competitive Reconstruction of the Relationship between IP and Unfair Competition Law
Chair: Susy Frankel Meredith Ashley Capps Rebecca Giblin Paul J. Heald Margaret-Ann Wilkinson Martin Senftleben
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