October 29-30, 2009
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Third Annual IP Forum October 29-30, 2009 |
IP and Administrative Law: Rulemaking, Tafas, Zurko and Regulatory Capture This year’s topic is intentionally broad and interdisciplinary, inviting papers and discussion on a wide range of issues. We encourage discussion of “political” issues like the advisability of substantive rulemaking in IP, or whether expert agencies would be less “captured” by special interests and their lobbyists than Congress has been in recent attempts to reform patent and copyright law. We will also entertain narrower discussion of cases like Tafas v. Doll (holding that the USPTO has no substantive rulemaking power and, although upholding other rules as procedural, invalidating a rule restricting third and subsequent continuing patent applications) or the Supreme Court’s decision in Dickinson v. Zurko (holding that the Administrative Procedure Act applies to judicial review of the USPTO’s factual findings in patent and trademark cases). To help focus our discussion and keep us on the right track, we have invited experts in administrative law and political theory, as well as experts in IP. |
| Organizer: Jay Dratler,
Jr. Goodyear Professor of Intellectual Property |
Director: Jeffrey
M. Samuels Director, Center for Intellectual Property Law and Technology, and David L. Brennan Professor of Law |
| Advisors and Participants: | |
| William
S. Jordan, III C. Blake McDowell, Jr., Professor of Law, Associate Dean, and Resident Expert on Administrative Law | A. Samuel
Oddi Giles Sutherland Rich Professor of Intellectual Property |
| Papers Due: Monday, October 19,
2009
Length: 10-15 pages, plus light footnotes. E-Mail to: sfauppe@uakron.edu |
| Thursday, October 29 | 7:00 p.m. | Convene in Law School Foyer for Reception and Dinner |
| Friday, October 30 | 8:30 a.m. | Continental Breakfast in Law School Foyer |
| 9:00 a.m. | Welcome and Opening Remarks | |
| 9:15 a.m. | Discussion: Administrative Law, Rulemaking, Delegation and their Application to IP | |
| 10:30 a.m. | Coffee Break | |
| 10:45 a.m. | Discussion: What did Zafas v. Doll and Dickinson v. Zurko do? What issues remain? | |
| 12:00 noon | Lunch at Law School and Brief Tour of Campus | |
| 2:00 p.m. | Discussion: "Political" Issues: Regulatory Capture, Lobbying, Excluding the Public from Patent Law | |
| 3:00 p.m. | Copyright and Trademarks: Are There General Principles for All of IP, or is Patent Law Unique? | |
| 4:15 p.m. | Coffee Break | |
| 4:30 p.m. | Critical Evaluation: Whither Rulemaking and Regulation? Can Expert Agencies Do a Better Job Than Congress in Shaping IP to More Complex Technologies and Business? | |
| 5:45 | Concluding Remarks and Farewell | |
| Sat. & Sun., November 15 & 16 | TBA | Optional Social and Cultural Activities in Northeast Ohio |
| * Topics and their sequence are tentative; participants’ short papers will inform final schedule. | ||
| Main Contact Person: Shannon Aupperle,
IP Administrative Assistant, (330) 972-7988 sfauppe@uakron.edu |
Driving Directions to Campus (No need to rent a car if you fly; students can provide shuttle service. Akron-Canton Airport (CAK) is most convenient, but Cleveland Hopkins (CLE) is accessible.) |
Campus Map |
Suggested Hotel: Quaker
Square Inn at the University of Akron |
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