Law 827: Intellectual Property Workshop
Rebecca Eisenberg & Jessica Litman
Wednesdays, 4:30 pm — 6:30 p.m.
This Workshop will feature presentations from scholars conducting research on intellectual property law and related topics. Students will prepare for these sessions by reading the papers and writing and submitting short critiques. The Workshop will also be open to the public. Faculty, students and staff from the law school and other University departments, and faculty from other universities in the area may attend particular sessions.
In addition to the nine papers, we have adopted a textbook for background reading. That textbook is Lydia Loren & Joseph Miller, Intellectual Property Law: Cases and Materials (Version 3.1, 2013), available for paid download at http://semaphorepress.com/. Please download the Casebook and read the initial assignment before the first class session on January 22.
January 22: First class
- Reading Assignment: Loren & Miller, pages 1-26
January 29: Introduction to Patent Law
- Assignment: Read Loren & Miller, pages 117-119, 157-158, 170-186, 238-249 and Richard A. Posner, Why Are There Too Many Patents in America?, The Atlantic (July 12, 2012)
- Essay due Monday January 27: Does patent law have adequate tools to address the
concerns of Judge Posner?
February 5: Introduction to Copyright and Trademark Law
- Reading Assignment: Read Loren & Miller, pages 343-67, 409-10, 424-29, 545-47, 556-59, 566-72, 591-92
- Essay due Monday February 3:
- In an article summarizing the Chicago-school law and economics approach to thinking about intellectual property, Judge Richard Posner made the following observation:
"[The government] defines, recognizes, and enforces property rights in intellectual property. The most important such rights are copyrights and patents, the former a property right in expression, the latter a property right in useful ideas. A third very common form of intellectual property, trademarks, is misnamed.... Trademarks are merely identifiers, designed to protect consumers from being misled regarding the origin or quality of particular products or services. There are many interesting legal and economic issues concerning trademarks, but they are not centrally issues of property. "Richard A. Posner, The Law & Economics of Intellectual Property, 131 Daedalus, No. 2: On Intellectual Property 5, 8 (Spring, 2002).
Please write a short essay (between 500 and 750 words) exploring or responding to Judge Posner’s observation. Your essay should discuss specific examples from this week’s assigned reading.
February 12: Ruth Okediji, William L Prosser Professor of Law, University of Minnesota
- Paper: Legal Innovation in International Intellectual Property Relations: Revisiting Twenty Years of the Trips Agreement
- Comments Due Monday February 10
February 19: Professor Jeremy Sheff, St John's University
- Paper: Dilution at the Patent and Trademark Office
- Optional Background Reading: Loren & Miller, pages 620-46
- Comments Due Monday February 17
February 26: Professor Michael Mattioli, Indiana University Maurer School of Law
- Paper: Big Data, Big Secrets
- Comments Due Monday, February 24
March 12: Professor Jason Schultz, New York University
- Paper: Reconciling Intellectual & Personal Property
- Comments Due Monday March 10
March 19: Sonia Katyal, Joseph M. McLaughlin Professor of Law, Fordham University
- Paper:Contrabrand: Art, Advertising and Property in the Age of Corporate Identity
- Comments Due Monday March 17
March 26: James M. Chen, Justin Smith Morrill Chair in Law, Michigan State University
- Paper: An Agricultural Law Jeremiad: The Harvest Is Past, the Summer Is Ended, and Seed Is Not Saved
- Comments Due Monday March 24
April 2: Professor Melissa Wasserman, University of Illinois
- Paper:Does the U.S. Patent & Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment
- Comments Due Monday March 31
April 9: Professor Graeme Dinwoodie, University of Oxford
- Paper: Territoriality And Trademarks: Lessons From (and For?) The European Union
- Comments Due Monday April 7
April 16: Judge Richard Posner, US Court of Appeals for the 7th Circuit
- Discussion of Four Recent Ip Decisions: Gaiman v. McFarlane; Flava Works v. Gunter; Kraft Foods v. Cracker Barrel Old Country Stores; & Apple v. Motorola
- Comments due Monday April 14
- Class will be held in 1020 SH
April 23: Margot Kaminski, Yale Law School
- Paper: Intellectual Property Law and the Charming Betsy Canon: Policy Laundering, Separation of Powers, and the Role of International IP Law at Home
- Comments due Monday April 21
Past Intellectual Property Workshops
A list of past speakers is here.