Conference Announcement: The Administrative-Private Law Interface in IP Law, Harvard Law School, March 29

The Project on the Foundations of Private Law at Harvard Law School, and the University of Texas School of Law invite you to attend The Administrative-Private Law Interface in IP, a day-long conference held at Harvard Law School on March 29.

Intellectual property law is historically part of American private law. IP rights are generally understood to be a kind of property; infringement is tortious conduct; and licenses are governed by principles of contract law. However, in the twenty-first century IP law is increasingly created and influenced by administrative agencies. The Patent Trial and Appeal Board conducts about one thousand inter partes review proceedings each year; Copyright Office regulations are provided Chevron deference; and IP licensing arrangements are subject to close antitrust scrutiny. This conference will bring together scholars, policymakers, and practitioners to ask: What is the proper role for administrative lawmaking and adjudication in IP law? Panels will examine the following topics:

  • Do Administrative Law and Private Law Mix in IP?
  • Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and the Constitutionality of the PTAB. (For Professor John Golden’s coverage of this case, see here, here, and here.)
  • Preclusion and Deference
  • The Antitrust-IP Intersection

Click here to RSVP.


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