275.9 - IP Scholarship Seminar (F06)

Robert Merges and Pamela Samuelson

Meeting Time:
Thursday 2:20 - 4:10

Meeting Location:
Boalt 145

As the institutions of property and contract evolve in the digital era, there are many open questions. Should trademark owners be able to stop search engines from using their marks as search terms? Should boilerplate terms of service on interior pages of web sites be enforceable even if the user never clicks on the link that would reveal them? And more broadly, what is the appropriate scope of the public domain, the cultural commons needed for creativity and innovation, and freedom of expression? The seminar takes up selected cutting-edge topics involving the ongoing evolution of contract and property in the intellectual property context.

Prerequisite: Students should have taken at least one introductory intellectual property course or have the equivalent background.

August 24
Robert Merges
Boalt Hall School of Law, UC Berkeley

Locke Remixed
(download paper in pdf format)

August 31
Pamela Samuelson
Boalt Hall School of Law & SIMS, UC Berkeley

Trade Secrets and 1st Amendment
(download paper in pdf format)

September 7
Suzanne Scotchmer
Economics & Public Policy, UC Berkeley

Digital Rights Management and Pricing of Digital Products
(paper available in pdf format)

September 14
Thomas Cotter
University of Minnesota

Fair Use and Copyright Overenforcement
(paper available in pdf format)

September 21
Peter Menell
Boalt Hall School of Law, UC Berkeley

Unwinding Sony
(paper available in pdf format)

September 28
Dietmar Harhoff
Institut für Innovationsforschung, Technologiemanagement und Entrepreneurship

Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents
(paper available in pdf format)


October 5
Fall Break

October 12
Elizabeth Rowe
Levin College of Law, University of Florida

Rethinking Trade Secret Disclosure in the Internet Age
(paper available in pdf format)

October 19
Barton Beebe
Cardozo Law School

An Empirical Study of the US Copyright Fair Use Cases
(paper available in pdf format)

October 26
David Adelman
University of Arizona Law School

Patent Metrics: The Mismeasure of Innovation in the Biotech Patent Debate
(paper available in pdf format)

November 2
Julie Cohen
Georgetown University Law Center

Creativity and Culture in Copyright Theory
(paper available in pdf format)

November 6
John Duffy
George Washington University Law School

Intellectual Property for Market Experimentation
(paper available in pdf format)

**Note: This session will be held Monday from 4:20 - 6:00 pm in room 13. The session is co-sponsored with BCLBE.**

November 16
Frank Pasquale
Seaton Hall University Law School

The Law and Economics of Information Overload Externalities
(paper available in pdf format)

November 30
Arti Rai
Duke Law School

University Software Ownership: Trends, Determinants, Issues
(paper available in pdf format)

December 5
Mark McKenna
St. Louis University Law School

Schechter's Triumph? The Real Shift in Trademark Law's Normative Foundation
(paper available in pdf format)