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Saurabh Vishnubhakat

Symposium: The TRIPS Agreement at 25 (Texas A&M Law)

“TRIPS Agreement at 25” Symposium

Friday–Saturday, March 29–30, 2019
Texas A&M University School of Law
1515 Commerce Street
Fort Worth, TX 76102

Overview

Details

This symposium brings together leading international intellectual property experts to critically examine the past two and a half decades of developments relating to the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization. The event will also explore the proliferation of TRIPS-plus bilateral, regional and plurilateral agreements and the future of the international intellectual property regime.

Texas A&M University School of Law IP Faculty

IP Faculty 7 2017

Confirmed Participants

2019 IIP (Japan) Researcher Invitation Program

2019 Researcher Invitation Program

Foundation for Intellectual Property
Institute of Intellectual Property
Tokyo, Japan

Overview

Details

The Foundation for Intellectual Property, Institute of Intellectual Property (IIP), since its establishment in 1989 as a nonprofit organization approved by Ministry of Economy, Trade and Industry, has carried out researches and studies on various issues concerning intellectual property and has been providing information related to this field by holding international symposia and by publishing research reports. Amongst its international activities, IIP has been entrusted by the Japan Patent Office (JPO) to invite foreign researchers to Japan for promoting studies on industrial property systems in Japan and other countries by means of literature researches and interviews from Japanese researchers or practitioners on industrial property field in Japan.

Inquiry and Mailing Addresses

If you have any question regarding the programs, please contact us.  Please send your final set of application documents to the following e-mail address, and ask your recommender(s) to send recommendation letter(s) to the same address:

Call for Submissions: 2019 Privacy Design Forecast (Harvard Kennedy School, Shorenstein Ctr)

Call for Submissions:  2019 Privacy Design Forecast
Assembling privacy design concepts that policymakers should consider when formulating privacy standards and regulations

Initiative on Platform Accountability
Shorenstein Center on Media, Politics and Public Policy
John F. Kennedy School of Government
Harvard University

Overview

Details

Technology touches every part of our civic world. We see how it impacts our lives through social interactions and ability to exercise our right to vote. Governments and policymakers need to know how smart technology policies can be enacted to help society adapt to protect user privacy and rights.

In February, The Shorenstein Center is convening policymakers to discuss frameworks for safeguarding consumer rights for their data. Calling all designers, technologists, engineers, researchers, product managers, and more: We are seeking to curate a set of inspirational design concepts that can be used in practice to share with governments and policymakers and are asking for your help to contribute. Inspired by our colleagues at Nieman Lab who create the annual “Predictions for Journalism” list, we hope to compile the best examples of technology and privacy trends to consider when crafting policies and regulations.

Foundational research questions as guidance:

  • How might we reimagine meaningful, informed consent for sharing personal data?
  • How might we help consumers and citizens regain control over their personal information?
  • How might we more effectively present risks and benefits to consumers when they provide personal information about their thoughts, activities, and intentions?

What we’re looking for:

We’re looking for (A) a brief paragraph that explains the concept along with (B) a visual image that might explain what that means when translated to actual product design. Visual formats and examples for part (B) include but are not limited to the following:

  • A simple wireframe that shows how the use of visual elements or iconography in onboarding a user to use a product or service
  • A written summary that explains a “bill of rights” that users are shared with users beforehand
  • A napkin sketch showing just-in-time disclosures before opting in to give a service provider access to photos or facial recognition
  • A screenshot mockup that shows how a visual cue embedded on the top navigation bar that shows that GPS location is “on” or in use.
  • A flow diagram that shows how users can access details about membership in a third-party auditing and monitoring service that certifies adherence to policies and controls for data.

Who we’re looking for:

  • If you’ve worked on any body of work that overlaps with privacy design considerations, found a solution for it and are willing to abstract it into a pattern or concept.
  • If you anticipate a technology that will use personal data that may need thoughtful design, you can highlight the potential privacy implications.

What we’re not looking for:

  • An ambitious, multi-page intricately detailed redesign of an existing product’s entire privacy settings and user interaction. This tackles a very specific use case with multiple design components that may not be easily translatable. We want to generate design solutions that can be applicable to broader uses around data and privacy.
  • A dense, academic, research paper or whitepaper. Keep it simple. We want a lean, light-weight, distilled concept that can add fresh perspectives to policymakers’ understanding and approach. The information we’re seeking should be communicated in a way that is comprehensible to a variety of audiences (wireframe, quick summary, flow diagram, etc.), not in a format that is created for technical engineers or academics.
  • Proposals for new legislation or regulation. The designs and concepts should provoke a fresh perspective that will stimulate fresh thinking around use cases and principles in practice. This information will be used for policy-related stakeholders to improve the current user experience around privacy.

Key goals and outcomes:

  • Develop a broad set of engaging ideas on ways we could consider or frame consent and terms of service processes.
  • Engage with practitioners, researchers, and design professionals on new ways to consider consent.
  • Stimulate discussion among policymakers to improve terms of service, consent, and privacy policies
  • Imagine possibilities for consumers to control, options, and choice over their personal data.
  • Provide more ideas to share with policymakers that inspire incentive systems for embracing privacy by design.

Who is the audience for this work?

There are two main audiences we hope to bring together with this work. First are the policymakers who are responsible for crafting regulation, legislation and guidelines. Second are the designers, engineers, and builders who are creating these experiences and should be sensitive and responsive to users’ rights and concerns.

Why participate?

  • A chance to be a part of an initiative to inform policymakers on a crucially important  issue.
  • The opportunity to share your thought leadership and work alongside other design experts from Harvard’s Shorenstein Center.
  • The chance to be a part of the design movement to improve privacy in public policy.
  • The opportunity to be a part of a grassroots community who cares about data privacy.

How to participate:

We’re excited to hear from you. Please fill out this form (should take ~5 minutes) with your brief idea. We will reach out with next steps to discuss how you would like to share your concept (quick prototype, sketch, or mockup, etc.). If you have any questions, please email Hong Qu at hong_qu@hks.harvard.edu.

11th Annual BCLT Privacy Lecture: Professor Shoshana Zuboff (Berkeley Law)

11th Annual BCLT Privacy Lecture: Professor Shoshana Zuboff
“Privacy Must Fall”: The World According to Surveillance Capitalism

Thursday, March 14, 2019, 3:30pm–6:30pm
International House
University of California, Berkeley
2299 Piedmont Avenue
Berkeley, CA

Overview

Details

Professor Shoshana Zuboff, author of The Age of Surveillance Capitalism (January 2019), joined the Harvard Business School faculty in 1981. One of the first tenured women at the school, she was the Charles Edward Wilson Professor of Business Administration. Her career has been devoted to the study of the rise of the digital, its individual, organizational, and social consequences, and its relationship to the history and future of capitalism.

Shoshana Zuboff’s Theory of Surveillance Capitalism

What is the problem?

Not technology… not a corporation… The problem is surveillance capitalism, a new logic of capital accumulation that founds a burgeoning surveillance-based economic order.  Surveillance capitalism originates in the unilateral claim to human experience as the source of free raw material for its hidden commercial practices, including the extraction of behavioral data, the fabrication of those data into predictions of human behavior, and the sale of those prediction products in new behavioral futures markets.  Surveillance capitalism is a born-digital market form governed by novel and even startling economic imperatives that produce unprecedented asymmetries of knowledge and power.  The stark new social inequalities that characterize this market project enable new forms of economic and social domination, while challenging human autonomy, elemental and established human rights, including the right to privacy, and the most basic precepts of a democratic society.

How should we frame this problem?

The legal framework (privacy law) and the economic framework (antitrust) are each necessary but insufficient.  The higher-order framework is social: the division of learning in society.

With the rise of industrialism in the late nineteenth century, the division of labor became the axial principle of economic and social order. The shift toward information economies means that the division of labor is subordinate to the division of learning as the axial principle of social ordering in the twenty-first century. Three essential questions shape the division of learning in society: Who knows? Who decides? Who decides who decides?

In the year 2000, many foresaw the Internet as a powerful force for the democratization of knowledge and therefore of a more just division of learning.   Since then, surveillance capitalism’s abrupt rise to dominance alters this trajectory.  Its ever-expanding global architectures of behavioral extraction and datafication continuously widen its advantages in the accumulation of proprietary stores of knowledge and the attendant instrumentarian power to act on that knowledge. Right now it is primarily the surveillance capitalists and their market operations who know, who decide who knows, and who decide who decides.

A century ago Durkheim warned of the dangers of a pathological division of labor in which the principles of organic solidarity were subverted by the private forces of industrial capital. Today the rise of surveillance capitalism represents the unauthorized privatization of the division of learning in society, which becomes the canvas for a bold, extractive, and still poorly understood market project. The result is a pathological division of learning in society that originates in and produces unprecedented inequalities of knowledge and power. This pathology thrives without legitimate political authorization.  In the absence of meaningful democratic controls, surveillance capitalism’s economic imperatives dictate that privacy must fall––collateral damage of this hidden coup from above.

What is to be done?

Surveillance capitalism and its discontents must be named in order to be tamed.  This is our new collective challenge. Ultimately our fate and that of generations to follow depend upon asserting democratic control over the essential questions of the division of learning in society. Who knows? Who decides? Who decides who decides? How will we answer?

Commentary by:

Professor Maria Brincker, Assistant Professor of Philosophy, University of Massachusetts, Boston.

Maria Brincker is an Assistant Professor of Philosophy at the University of Massachusetts, Boston. She has published on a range of topics having to do with concrete aspects of our embodiment and our social and technological embeddedness, and how these dynamically shape our brains, minds and agency. She holds a PhD from the CUNY Graduate Center and was previously an Arts and Neuroscience Fellow at the Italian Academy at Columbia University.

Professor Brett Frischmann, Charles Widger Endowed University Professor in Law, Business and Economics, Villanova University Law School

Professor Frischmann is a renowned scholar in intellectual property and Internet law. Before coming to Villanova, he was director of the Cardozo Intellectual Property and Information Law Program (2011-2016) and the Microsoft Visiting Professor of Information and Technology Policy at Princeton University. Professor Frischmann’s work has appeared in leading scholarly publications, including Columbia Law ReviewUniversity of Chicago Law Review, and Review of Law and Economics, among others. He recently published Re-Engineering Humanity (Cambridge University Press 2018) with philosopher Evan Selinger.

Background Reading

  • Big Other: Surveillance Capitalism and the Prospects of an Information Civilization, 30 Journal of Information Technology (2015) 75–89, View paper.
  • Secrets of Surveillance Capitalism, Frankfurter Allgemeine Zeitung (2016), View paper.

Event Co-sponsored by:

Berkeley Information Privacy Law Association (BIPLA) & STS Working Group

2019 Symposium on Extraterritoriality in IP (BU Law)

Intellectual Property in a Globalized Economy: United States Extraterritoriality in International Business
Co-hosted by the Boston University Journal of Science and Technology Law and the Boston University International Law Journal

Friday, February 15, 2019, 9:00 a.m.–5:30 p.m.
Boston University School of Law
765 Commonwealth Avenue, Room 102
Boston, MA 02215

Overview

Details

In March of 2018, the U.S. government announced its intent to levy tens of billions of dollars in tariffs on Chinese goods. In response, the Chinese government imposed its own tariffs, thus beginning an ongoing “trade war.” This “trade war” was largely a reaction to allegations from some in the U.S. that Chinese theft of American intellectual property, particularly intellectual property in technology, costs hundreds of billions of dollars each year.

As recent U.S. – Chinese relations show, international trade and manufacturing plays a crucial role in both the global and domestic economies. More than a mere headline, the rights and abilities of various entities to produce (or reproduce) and sell goods across national borders has been the subject of substantial debate before U.S. federal courts and the International Trade Commission. The results of that debate has drastically altered the legal terrain that businesses must traverse when transacting across national borders.

This symposium will examine the scope and boundaries of intellectual property (“IP”) protection for U.S. patents, trademarks, copyrights, and trade secrets in the context of an increasingly globalized business climate. Panel topics will include:

  • Patent exhaustion and the validity of certain patent restrictions premised on foreign sale, resale, and manufacturing processes;
  • Contributory infringement premised upon direct infringement occurring in “overseas” digital and physical spaces;
  • Increasing liability and shifting strategies for brand development and trademark protection in global markets; and
  • The impact of recent ITC decisions, which have held actors subject to U.S. law liable for trade secret misappropriation occurring abroad.

Keynote Address

  • Ruth Okediji, Harvard Law School

Confirmed Speakers

  • Margaret Chon, Seattle University School of Law
  • Jorge Contreras, University of Utah College of Law
  • Graeme Dinwoodie, Chicago-Kent College of Law
  • Rochelle Dreyfuss, New York University School of Law
  • Timothy Holbrook, Emory University School of Law
  • Amy Landers, Drexel University School of Law
  • David Levine, Elon University School of Law
  • Andrew Michaels, University of Houston Law Center
  • Xuan-Thao Nguyen, Indiana University McKinney School of Law
  • Elizabeth Rowe, University of Florida College of Law
  • Sharon Sandeen, Mitchell Hamline School of Law
  • Peter Yu, Texas A&M University School of Law
  • Marketa Trimble, University of Nevada Las Vegas School of Law

PatCon 9: The Annual Patent Conference (Kansas Law)

PatCon 9: The Annual Patent Conference

Friday–Saturday, April 5–6, 2019
University of Kansas School of Law
1535 W 15th Street
Lawrence, KS 66045

Overview

  • Abstract Deadline:  EXTENDED to Friday, February 22, 2019
  • Notification of Acceptances:  Monday, February 25, 2019 (or earlier, if you apply earlier)
  • Final Abstracts Due:  Friday, March 8, 2019 (if you have a full paper and/or powerpoint you would be willing to post, we would appreciate it, but it is not required)
  • Contact:  Andrew Torrance (torrance@ku.edu)

Details

Plenary speakers at PatCon 9 include:

  • Ian Wetherbee, Head, Google Patents
  • Lisa Larrimore Ouellette, Associate Professor of Law and Justin M. Roach, Jr. Faculty Scholar, Stanford Law School; Founder, Written Description Blog
  • Kevin Noonan, Partner, McDonnell Boehnen Hulbert & Berghoff LLP; Founder, Patent Docs Blog
  • A.  Christal Sheppard, Executive Vice President for Strategy & Business, IPwe (Invited)
  • Elias Collette, Chief Economist, Canadian Intellectual Property Office
  • Christopher Holt, Vice President of Patent Analytics, Reed Technology/LexisNexis

The Patent Conference (“PatCon”) is an interdisciplinary forum where scholars from the fields of law, economics, business, public health, history & philosophy of science, engineering, and other disciplines can share their research. In addition, PatCon stands out in its commitment to including judges, USPTO personnel, members of industry, and the international patent community in order to encourage applications of scholarship in the wider world.

The Patent Conference is a cooperative effort among San Diego School of Law (Ted Sichelman), Boston College Law School (David Olson), Northwestern University School of Law (David Schwartz), and University of Kansas School of Law (Andrew Torrance).

Taking the lead for PatCon 9 will be Prof. Andrew Torrance.

The website for the most recent iteration of PatCon is available at http://www.sandiego.edu/events/law/detail.php?_focus=65198.

CFP: Munich Summer Institute 2019

Call for Papers:  Munich Summer Institute 2019

June 17–19, 2019
Bavarian Academy of Sciences and Humanities
Alfons-Goppel-Straße 11
80539 Munich, Germany

Overview

Details

From June 17 to 19, 2019, the Center for Law & Economics at ETH Zurich (www.lawecon.ethz.ch), the Chair for Technology and Innovation Management at TUM (www.tim.wi.tum.de), the Institute for Strategy, Technology and Organization at the Ludwig-Maximilians-University of Munich (www.en.isto.bwl.uni-muenchen.de) and the Max Planck Institute for Innovation and Competition (www.ip.mpg.de) will jointly organize the fourth Munich Summer Institute.

The Summer Institute will focus on three areas:

  • Digitization, Strategy and Organization (chairs: Jörg Claussen and Tobias Kretschmer),
  • Innovation and Entrepreneurship (chairs: Dietmar Harhoff and Joachim Henkel), and
  • Law & Economics of Intellectual Property and Innovation (chair: Stefan Bechtold).

The goal of the Munich Summer Institute is to stimulate a rigorous in-depth discussion of a select number of research papers and to strengthen the interdisciplinary international research community in these areas. Researchers in economics, law, management and related fields at all stages of their career (from Ph.D. students to full professors) may attend the Munich Summer Institute as presenters in a plenary or a poster session, as discussants or as attendants. The Munich Summer Institute will feature three keynote lectures, 18 plenary presentations and a daily poster session (including a poster slam). Paper presentations will be grouped by topics, not discipline or method.

The Munich Summer Institute will be held at the Bavarian Academy of Sciences and Humanities in the heart of Munich. Participation is by invitation only. The organizers will fund travel and hotel expenses for all plenary speakers and hotel expenses for all poster presenters and invited discussants.

Keynote Speakers

  • Alfonso Gambardella (Bocconi)
  • Robert Seamans (NYU)
  • Catherine Tucker (MIT)

Paper Submission Procedure

Researchers who would like to present a paper are invited to submit their paper online until February 24, 2019, at http://editorialexpress.com/conference/MSI2019/. The Munich Summer Institute only considers papers which have not been published or accepted for publication at the date of submission. Paper selections will be announced in early April 2019. The program of the Munich Summer Institute will be available in early May 2019. Final papers will be made available to conference participants on a public website, and are due on May 15, 2019. Researchers who would like to attend the Munich Summer Institute without giving a presentation should contact one of the organizers by May 15, 2019.

Further Information

Any questions concerning the Munich Summer Institute should be directed to Stefan Bechtold (sbechtold@ethz.ch), Jörg Claussen (j.claussen@lmu.de), Dietmar Harhoff (dietmar.harhoff@ip.mpg.de), Joachim Henkel (henkel@wi.tum.de) or Tobias Kretschmer (t.kretschmer@lmu.de).

CFP: 2nd Annual Surrey Workshop on Regulating AI—They Took Our White-Collar Jobs (University of Surrey)

2nd Annual Surrey Workshop on Regulating AI: They Took Our White-Collar Jobs

March 21–22, 2019
School of Law, Moot Room
University of Surrey
Guildford, UK

Overview

Details

Artificial intelligence (AI) is not just for manual labor, it is now doing the work of doctors, scientists, and lawyers. For example, document review, once a staple of first year associate work at corporate law firms, is being automated. AI systems are being developed that aggregate caselaw and predict case outcomes with greater accuracy than human legal experts. Chatbots driven by machine learning are being developed to deliver legal advice to consumers. Smart contracts are providing innovative solutions to technical problems, and AI-driven adjudication mechanisms already exist, such as for routine legal questions involving employment status.

AI will profoundly change how white-collar professions operate, and the way we govern ourselves by law. For instance, in law, if AI ends up predicting case outcomes with super-human reliability and can be left to adjudicate routine forms of legal disputes, will people obey robot judges? Do machines have the necessary authority in our legal system to serve their function? If AI ends up taking over the routine legal work that used to be done junior associates, will law firms need to alter their business models?

The aim of the Second Annual Surrey Workshop on the Regulation of Artificial Intelligence is to explore questions like these. The workshop will adopt an interdisciplinary focus, encouraging innovative theoretical and technical approaches as well as concrete and practical legal and regulatory solutions.

Topics of Interest

The workshop will focus on six main areas, with a range of speakers invited to present papers falling within one or several of the following topics:

  • AI and white-collar automation
  • AI as adjudicator
  • AI and legal prediction
  • AI and insurance
  • AI and government & public discourse
  • Organisers

Chair: Prof. Ryan Abbott, Professor of Law and Health Sciences, School of Law

Deputy Chair: Dr. Alex Sarch, Reader in Legal Philosophy, School of Law

Format

Two days, 3-4 papers per day. Each paper to be assigned a commentator. Each paper to be presented for 30-45 minutes, followed by 15-20 minutes of comments, followed by 30-45 minutes of Q&A and discussion.

Submission Guidelines

If you are interested in participating in this workshop, please submit an abstract of no more than 300 words. All submitted abstracts will be reviewed by the workshop organizers. You should submit your work by email to surreyaiworkshop@gmail.com.

PIJIP & Creative Commons—An Expansion of the Commons: Copyright, Creative Commons and the Public Domain (American Univ. Law)

An Expansion of the Commons: Copyright, Creative Commons and the Public Domain
Co-hosted by Wikimedia DC, Creative Commons USA and the Program on Information Justice and Intellectual Property

Thursday, January 17, 2019 – 6:00pm-7:30pm
American University Washington College of Law
Ceremonial Classroom NT01
4300 Nebraska Ave NW
Washington, DC 20016

Overview

Details

Within the copyright system, content within the public domain and content licensed under open licenses, such as the Creative Commons licenses, form a core of materials that are freely available to users and creators to adapt and build upon.  This event will discuss the role of the public domain, new materials entering the public domain this year, the impact on projects including Wikipedia, and the interaction with Creative Commons licensed projects.  Also, this is a great opportunity to meet others involved in the Wiki and CC communities in DC and exchange ideas.  

A meet-and-greet reception will follow the event (and include time for planning future collaboration.)

5:45pm – Registration

6:00pm – Program

  • Professor Peter Jaszi – American University Washington College of Law
  • Professor Michael Carroll – American University Washington College of Law
  • Sherwin Siy – Wikimedia Foundation
  • Robert Fernandez – Wikimedia District of Columbia
  • Meredith Jacob – American University Washington College of Law

7:30pm – Reception

Panel Discussion: E-commerce, Algorithms, Big data, Consumer Deception and Protection (University of Windsor Law)

Panel Discussion:  E-commerce, Algorithms, Big data, Consumer Deception and Protection

Wednesday, February 6, 2019, 12:00pm–2:00pm
Moot Court, Faculty of Law
University of Windsor
401 Sunset Avenue
Windsor, Ontario, Canada
N9B 3P4

Overview

Details

E-commerce is becoming the norm for the vast majority of consumers. Goods and services can be advertised, ordered and delivered through powerful algorithms that standardize transactions while also personalizing the customer experience in unprecedented ways. The proposition is highly seductive as it provides increased efficiency, convenience, access to information, without neglecting improved bottom line for suppliers. Along the way, what are prevailing online business practices? (e.g., the collection and use of our personal data) How much do we know or should have the right to know about such practices? How are those business practices changing our relationship to products, suppliers, to standards of transparency, access to relevant information, fair practices, privacy, safety, and ultimately our identity? Are consumers more likely to be deceived? Are market forces robust enough to ensure fair and secure transactions or are consumers left to their own devices? How does the law of the state ensure that consumers are adequately protected? Should we do more?

Panelists

  • Niva Elkin-Koren, Founding Director of the Haifa Center for Law & Technology (HCLT), Co-Director of the Center for Cyber, Law, and Policy, Professor, University of Haifa, Faculty of Law. Will discuss the potential benefits and harm for consumers of digital assistants (or the “algorithmic consumers”).
  • Vance Lockton – Strategic Policy and Research Analyst, Office of the Privacy Commissioner of Canada. Will discuss the role of the Office of the Privacy Commissioner of Canada with respect to specific privacy issues arising in e-commerce.
  • Lina Nikolova – Competition Law Officer, Competition Bureau Canada. Will discuss the role of the Competition Bureau of Canada to protect consumers against deceptive e-commerce practices.
  • Marina Pavlovic, Associate Professor, University of Ottawa, Faculty of Law. Will discuss various policy options on the regulation of e-commerce in the new digital AI era.
  • Teresa Scassa, Canada Research Chair in Information Law, Professor, University of Ottawa, Faculty of Law. Will discuss the legal implications of the practice of scraping publicly accessible platform data by/from e-commerce platforms
  • Pascale Chapdelaine, Associate Professor, University of Windsor, Faculty of Law. Will chair the panel discussion and will discuss the implications for consumers of price discrimination as one example of an online business practice that may require more scrutiny.