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
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.
