2006 Chicago-Kent Law Review Live Symposium

Presented in partnership with the Chicago-Kent Intellectual Property Program

Symposium Editor

Professor Graeme B. Dinwoodie, IIT Chicago-Kent College of Law

Chicago-Kent College of Law
565 West Adams Street
Chicago, Illinois 60661
October 12–13, 2006

The Charles E. Green Lecture in Law and Technology

Chicago-Kent’s conference on Intellectual Property, Trade & Development will serve as the forum for the law school’s 2006 Green Lecture in Law and Technology. This year’s Green Lecturers are The Honorable Christine LaGarde, Minister Delegate for Foreign Trade, France and Geoffrey Yu, Deputy Director General, World Intellectual Property Organization.

The Charles E. Green Lecture in Law and Technology addresses the impact of technology on society, on legal relationships, and on methods of studying and practicing law. The lectureship was endowed in 1977 by Mrs. Joseph Galvin, a long-time benefactor of IIT and Chicago-Kent. Charles E. Green (1894-1981) was a 1915 graduate of Chicago-Kent. He was a founder of the law firm of Green and Nystrom, and for many years served as secretary and general counsel for Motorola, Inc.

Overview

The Central Issue: Accommodation and Reconciliation of National Laws

This conference will explore when and how to accommodate and reconcile differences in national intellectual property laws in an era of international lawmaking. Differences in the appropriate forms and levels of protection between developed and developing countries will receive particular attention.

Two Approaches to the Question: Substantive and Institutional

Conference participants will approach the dilemma of how to accommodate different notions of appropriate protection from two directions:

by discussing what might be optimal substantive intellectual property policy
by considering the range of mechanisms and institutions by which different approaches to intellectual property are accommodated

Presentations on Discrete Issues

One group of principal presenters will address specific issues that are central to current international intellectual property debates. By focusing on discrete issues, conference participants will have immediate examples to underpin discussion of the broader questions addressed during the conference. Presenters will open discussion in four distinct areas:

database protection and access to information
geographic indications and trademarks
protection of rights in plant varieties
compulsory licensing of drug patens and access to essential medicines

The second group of principal presenters will consider how different institutional choices affect the central question of how, and to what extent, to reconcile and accommodate national differences in intellectual property protection. These institutional issues include:

the role of regional and bilateral, as opposed to global, trade agreements in developing international norms
the role of non-intellectual property specific institutions in the development of intellectual property policy
the role of private parties, NGOs and industry groups in developing transborder intellectual property norms
public-private cooperation in the enforcement of intellectual property rights

Schedule – Day One

9:00am–9:15am	Welcome and Introduction	Ogilvie Auditorium
9:15am–10:30am	Panel 1: Access to Information: Database Protection	Ogilvie Auditorium
10:30am–11:00am	Break	Front Lobby
11:00am–12:15pm	Panel 2: Geographic Indications and Trademarks	Ogilvie Auditorium
12:15pm–1:45pm	Lunch
1:45pm–2:00pm	Break	Front Lobby
2:00pm–3:15pm	Panel 3: The Protection of Rights in Plant Varieties	Ogilvie Auditorium
3:15pm–3:45pm	Break	Front Lobby
3:45pm–5:00pm	Panel 4: Compulsory Licensing of Drug Patents	Ogilvie Auditorium

Panel Participants

Panel 1: Access to Information: Database Protection

Daniel Gervais, Vice-Dean for Research, University of Ottawa
The Protection of Databases
Principal Paper

Jerome Reichman, Bunyan S. Womble Professor of Law, Duke University School of Law

Jane Ginsburg, Morton L. Janklow Professor of Literary & Artistic Property Law, Columbia Law School
A Marriage of Convenience? A Comment on The Protection of Databases

Dr. Jens Gaster, Commission Delegate, European Commission

Panel 2: Geographic Indications and Trademarks

Hon. Christine LaGarde, Minister Delegate for Foreign Trade, France

Amy Cotton, Senior Counsel, United States Patent and Trademark Office
123 Years at the Negotiating Table and Still No Dessert? The Case in Support of Trips Geographical Indication Protections

Ruth Okediji, William L. Prosser Professor of Law, University of Minnesota Law School

Jane Ginsburg, Morton L. Janklow Professor of Literary & Artistic Property Law, Columbia Law School
A Marriage of Convenience? A Comment on The Protection of Databases

Dr. Annette Kur, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition
Quibbling Siblings—Comments to Dev Gangjee’s Presentation

Panel 3: The Protection of Rights in Plant Varieties

Mark Janis, Professor of Law, University of Iowa College of Law
Technological Change and the Design of Plant Variety Protection Regimes
Principal Paper

Laurence Helfer, Professor of Law, Vanderbilt University Law School
The Demise and Rebirth of Plant Variety Protection: A Comment on Technological Change and the Design of Plant Variety Protection Regimes

Michael Blakeney, Winthrop Professor of Law, Queen Mary University of London

Daniel Gervais, Vice-Dean for Research, University of Ottawa
The Protection of Databases

Panel 4: Compulsory Licensing of Drug Patents

Jerome Reichman, Bunyan S. Womble Professor of Law, Duke University School of Law

James Love, Director, Consumer Project on Technology
The Bid Idea: Prizes to Stimulate R&D for New Medicines

Coenraad Visser, Professor of Intellectual Property Law, University of South Africa School of Law
Policy-Making Dynamics in Intergovernmental Organizations: A Comment on the Remarks of Geoffrey Yu

Arti Rai, Elvin R. Latty Professor of Law, Duke University School of Law
“Open Source” and Private Ordering: A Commentary on Dusollier

Mark Janis, Professor of Law, University of Iowa College of Law
Technological Change and the Design of Plant Variety Protection Regimes

Duncan Matthews, Professor of Intellectual Property Law, Queen Mary University of London
The Role of International NGOs in the Intellectual Property Policy-Making and Norm-Setting Activities of Multilateral Institutions

Schedule – Day Two

9:00am–9:15am	Welcome and Introduction	Ogilvie Auditorium
9:00am–10:15am	Panel 1: The Policymaking Dynamics in Intergovernmental Organizations	Ogilvie Auditorium
10:15am–10:45am	Break	Front Lobby
10:45am–12:00pm	Panel 2: Different Layers of Lawmaking: National, Regional and International	Ogilvie Auditorium
12:00pm–1:30pm	Lunch
1:30pm–1:45pm	Break	Front Lobby
1:45pm–3:00pm	Panel 3: The Role of Industry and Nongovernmental Organizations	Ogilvie Auditorium
3:00pm–3:30pm	Break	Front Lobby
3:30pm–4:45pm	Panel 4: The Role of Contracts and Private Initiatives	Ogilvie Auditorium

Panel Participants

Panel 1: The Policymaking Dynamics in Intergovernmental Organizations

Geoffrey Yu, Deputy Director General, World Intellectual Property Organization
The Structure and Process of Negotiations at the World Intellectual Property Organization
Principal Paper

Amy Cotton, Senior Counsel, United States Patent and Trademark Office
123 Years at the Negotiating Table and Still No Dessert? The Case in Support of Trips Geographical Indication Protections

Panel 2: Different Layers of Lawmaking: National, Regional and International

Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge
Copyright, Translations, and Relations between Britain and India in the Nineteenth and Early Twentieth Centuries

Dr. Jens Gaster, Commission Delegate, European Commission

Dr. Annette Kur, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition
Quibbling Siblings—Comments to Dev Gangjee’s Presentation

Shira Perlmutter, Executive Vice President for Global Legal Policy, International Federation of the Phonographic Industry

Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of Law
Creative Lawmaking: A Comment on Lionel Bently, Copyright, Translations, and Relations between Britain and India in the Nineteenth and Early Twentieth Centuries

Panel 3: The Role of Industry and Nongovernmental Organizations

James Love, Director, Consumer Project on Technology
The Bid Idea: Prizes to Stimulate R&D for New Medicines
Principal Paper

Michael Blakeney, Winthrop Professor of Law, Queen Mary University of London

Ruth Okediji, William L. Prosser Professor of Law, University of Minnesota Law School

Séverine Dusollier, Professor of Law, University of Namur
Sharing Access to Intellectual Property through Private Ordering

Panel 4: The Role of Contracts and Private Initiatives

Séverine Dusollier, Professor of Law, University of Namur
Sharing Access to Intellectual Property through Private Ordering
Principal Paper

Arti Rai, Elvin R. Latty Professor of Law, Duke University School of Law
“Open Source” and Private Ordering: A Commentary on Dusollier