Thursday, April 12, 2018
Agency Design
| Thursday Morning | Presiding Officer: Jessica Hollis, Symposium Co-editor, Berkeley Technology Law Journal |
| 8:00 a.m.-8:55 a.m. | Registration & Breakfast |
| 8:55 a.m.-9:00 a.m. | Welcome |
| 9:00 a.m.-10:15 a.m. |
1. Agency design How should IP agencies optimally be designed, both internally (what sort of offices and officers should they have) and where should the agencies be placed within the U.S. governmental structure? How well do the existing agencies match with optimal designs? How do U.S. IP agency designs differ from those in other countries? Moderator: Amy Van Zant, Orrick Graeme Dinwoodie, IIT Chicago-Kent College of Law and University of Oxford Joseph Matal, US Patent and Trademark Office Anne Joseph O’Connell, UC Berkeley School of Law Jule Sigall, Microsoft |
| 10:15 a.m.-10:45 a.m. | Break |
| 10:45 a.m.-12:00 p.m. |
2. Agency procedures
How do IP agencies exercise their ministerial functions: registration, recording, examination, issuance, and review?
Moderator: Jennifer Urban, UC Berkeley School of Law
Erik Bertin, Copyright Office
Sarah Burstein, University of Oklahoma College of Law Jeanne Fromer, NYU School of Law Melissa Wasserman, University of Texas Law School PowerPoints:
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| 12:00 p.m.-1:15 p.m. | Lunch |
| Thursday Afternoon | Presiding Officer: Darius D. Dehghan, Symposium Co-editor, Berkeley Technology Law Journal |
| 1:15 p.m.-2:30 p.m. |
3. Agency Rule-making What rule-making authority do the U.S. IP agencies have? How well do they exercise these powers? Should they have more rule-making authority? Moderator: Peter Lee, UC Davis School of Law Stuart Graham, Scheller College of Business, Georgia Institute of Technology Sonia Katyal, UC Berkeley School of Law Joe Liu, Boston College Law School Aaron Perzanowski, Case Western Reserve University School of Law
PowerPoint: |
| 2:30 p.m.-3:00 p.m. | Break |
| 3:00 p.m.-4:15 p.m. |
4. Tensions Between IP Agencies and Other Parts of the Executive Branch What is the relationship between the policies and decisions of IP agencies and those of other executive agencies? Some agencies may have different priorities than IP agencies on IP issues. When this happens, how are the tensions that arise addressed and resolved? Moderator: Kathi Vidal, Winston & Strawn LLP Rebecca Eisenberg, University of Michigan Law School Sapna Kumar, University of Houston Law Center Tejas Narechania, UC Berkeley School of Law |
| 4:15 p.m.-4:30 p.m. | Break |
| 4:30 p.m.-5:00 p.m. | Keynote: Howard Shelanski, Georgetown University Law School |
| 5:00 p.m.-6:00 p.m. | Reception |
Friday, April 13, 2018
Review of Agency Decisions
| Friday Morning | Presiding Officer: Darius D. Dehghan, Symposium Co-editor, Berkeley Technology Law Journal |
| 8:15 a.m.-9:00 a.m. | Breakfast |
| 9:00 a.m.-9:30 p.m. |
KEYNOTE: Michelle Lee, Former Undersecretary of Commerce and Director, USPTO, in a fireside chat with David Hayes, Fenwick & West |
| 9:30 a.m.-10:45 a.m. |
5. Invalidation What procedures are there and should there be within IP agencies to review whether claimants’ IP rights are valid? Moderator: Julie Holloway, Latham Colleen Chien, Santa Clara University School of Law Rob Merges, UC Berkeley School of Law Alexandra Roberts, University of New Hampshire School of Law Christopher Sprigman, NYU School of Law Saurabh Vishnubhakat, Texas A&M University School of Law
PowerPoint: |
| 10:45 a.m.-11:15 a.m. | Break |
| 11:15 a.m.-12:30 p.m. |
6. Judicial Deference How much deference do and should judges give to IP agency decisions, practices, and policies? Moderator: Matthew Kreeger, Morrison & Foerster Dan Burk, University of California, Irvine Deborah R. Gerhardt, University of North Carolina School of Law Arti Rai, Duke University School of Law
PowerPoints: |
| 12:30 p.m.-1:00 p.m. | Lunch |
| Friday Afternoon | Presiding Officer: Jessica Hollis, Symposium Co-editor, Berkeley Technology Law Journal |
| 1:00 p.m.-1:30 p.m. |
DAVID E. NELSON KEYNOTE: Hon. Raymond T. Chen, U.S. Court of Appeals for the Federal Circuit Introduced by Matthew Kreeger, Morrison & Foerster |
| 1:30 p.m.-1:45 p.m. | Break |
| 1:45 p.m.-3:00 p.m. |
7. Enforcement Issues What role should IP agencies play in enforcing IP rights? Should Congress establish small claims tribunals within IP agencies’ domain? What kinds of claims should be justiciable and what relief should be available? Moderator: Michael Headley, Fish & Richardson Mark Cohen, UC Berkeley School of Law Ben Depoorter, UC Hastings College of the Law Christian Helmers, Leavey School of Business, Santa Clara University Lisa Ouellette, Stanford Law School Pam Samuelson, UC Berkeley School of Law
PowerPoints: |