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Intellectual Property Law at the James E. Rogers College of Law

From nitrogen seeding to Napster, TV shows to translational genomics, e-bay to ebola treatment, an explosion of ideas portends a revolution in intellectual property law. Actually, the revolution has already begun.

It’s a world where new products are developed in home offices as well as R & D departments, where someone can publish the Great American Novel online instead of waiting for New York’s publishing powerhouses, where a research scientist alone in a lab can find a tiny marker on one microscopic gene and change the lives of millions in ways we can’t yet imagine. And a world in which each of these events is heralded not only across our country, but around the globe.

Law has historically provided the infrastructure for managing innovation. Lawyers have long been involved in documenting products and ideas, and assuring the integrity of their ownership or use. But in this new world, where the rules have changed and the pace has quickened, demand for skilled lawyers far exceeds supply.

Meeting the need is not a haphazard enterprise. It requires leadership, focus and a commitment to make legal education, in and of itself, innovative. At The University of Arizona James E. Rogers College of Law, we increasingly deliver that kind of training and produce professionals who can help advance the work of the new world.

We invite you to take a look.

IP Law at UA:The Program, Its Scholars, and the Challenges Ahead

Graeme W. Austin and David E. Adelman came to the James E. Rogers College of Law within a few months of each other in 2001. They worked, quickly and collaboratively, to expand the IP curriculum and to build a program that now attracts national attention. Although their research interests vary, their shared goal is to help students understand the increasing significance of intellectual property to the national economy and international trade. We talked to Professors Austin and Adelman about how their goals are taking shape.

Q: What’s next for the IP program? How will you grow?

Adelman: Our core commitment is to serving the student demand. IP courses are increasingly popular: More than a third of students in a class of 150 electively enrolled in our Copyright Law course. This is one area where students have identified an area they think will be useful even in a general practice, and I think they’re absolutely right.

Austin:
I do, too. And there are many different ways to follow one’s interests in the field. We currently have six course offerings, from the fundamentals of copyright and patent to a writing seminar in cutting-edge issues. I don’t see us ever moving away from that central focus on student learning.

Q: And beyond course offerings?

Austin: We remain committed to enriching our students’ experience and our own knowledge about IP issues. Last November, the Rogers College of Law offered a series of events under the banner “Intellectual Property Law Week.” We held a panel discussion called “Bringing Science to Market” exploring relationships between science, business and law in the marketing of technology. I conducted a student enrichment forum on Internet trademarks, and we also had a careers evening, where students got to hear from IP practitioners about the different kinds of work attorneys do in this field.

This year we are supported by Quarles & Brady Streich Lang for a special event. Professor Rochelle Dreyfuss from New York University will present a public forum on biotechnology and the law here at the College.

Adelman: We’ll continue to expand these kinds of opportunities, and to nurture the community of interest that exists at the College of Law, across the UA campus, and across the country.

Q: Let’s engage in a little fortune telling. What issues will dominate the field in next decade? How will IP be in the headlines?

Austin: I’ll talk about copyright. A constant challenge for copyright laws is to ensure that they continue to promote, rather than impede, innovative and creative activity. Of course, there are many different ways to encourage creativity, but copyright law is an important vehicle. My hope is that intellectual property lawyers in the future will work closely with the creative sector to ensure that those in society with the talent and devotion to enhance all of our lives get paid for their efforts. Some aspects of new copyright legislation, such as the Digital Millennium Copyright Act, have rightly been criticized, but they do offer scope for our creative sector to market their works in innovative ways. We see this, for instance, with musicians who are now marketing their works directly through their own websites. Perhaps an important future theme in copyright law will be exploring ways that copyright law can help bring creative works to market, while, at the same time, preserving other important values and interests, such as consumer privacy and free expression.

Adelman: I’ll talk about patent law. One of the most significant issues to emerge is the impact of aggressive patenting on private and public sector research, particularly in the biomedical sciences. The problem is simple to appreciate: If critical processes or starting materials are privately owned, the broader research community will have limited access to them, and this can impede further scientific development. Further, extensive patenting has fragmented high-value areas of research, requiring researchers to navigate a dense field of patents in order to avoid a potential lawsuit. These problems are not limited to the private sector. Universities are now intent on patenting the inventions of their scientists following the landmark Bayh-Dole Act, which allows universities to patent inventions that result from government sponsored research. This trend has eroded (some would say eviscerated) the once vaunted exemption for non-commercial basic scientific research to patent infringement, and further blurred the lines between the public and private sectors. Nevertheless, few people would deny the importance of patenting to U.S. research and the economy. What we may be discovering are the important tradeoffs inherent in the structure of the current system. These tensions will be the source of important changes in the future.


Since his appointment to the College in 2001, Graeme W. Austin has continued to develop the Intellectual Property Program at the James E. Rogers College of Law. He holds LL.M. and J.S.D. degrees from Columbia University, as well as graduate law degrees from Victoria University of Wellington in his native New Zealand. He has been invited to address the World Intellectual Property Organization (WIPO) in Geneva on international issues and is currently serving as an Advisor to the American Law Institute project on transnational intellectual property issues.

Austin instructs Copyright Law, Trademark & Unfair Competition Law, Contemporary Issues in Intellectual Property, International Intellectual Property Law, and “Azstartup.edu,” an interdisciplinary course for entrepreneurs. A more complete profile, including a list of presentations, publications and awards, is available by clicking this link.

Austin


David Adelman is an Associate Professor of Law. He joined the faculty of the James E. Rogers College of Law in 2001, after a three-year tenure as Senior Attorney for the Natural Resources Defense Council in Washington, D.C. Professor Adelman earned his J.D. at Stanford Law School, graduating with distinction, and a Ph.D. in Chemical Physics, also at Stanford.

Professor Adelman teaches Environmental Law, Law and Science, Patent Law, Azstartup.edu, and Advanced Topics in Environmental Law and Advocacy. A more complete faculty profile is available by clicking this link.

 


Adleman
   
Trademarks –The Misunderstood Business Asset

Among the most valuable assets firms own, trademarks are often among the most misunderstood. Trademarks protect a firm’s
reputation and the goodwill they have established in goods and services. They’re what help customers find products they’ve enjoyed and avoid products they’ve not. And the scope of trademark rights is often determined by consumers’ attitudes towards the symbols used to market goods and services. Trademark attorneys often work closely with marketing professionals to make sure that new marketing strategies, which help develop goodwill, have a firm legal basis.

Trademark and Unfair Competition Law is one of the College’s foundation courses in intellectual property law taught by Professor Austin. “This is a fascinating time for our students to be working in trademark law,” said Professor Austin. “A key challenge for attorneys is thinking about the legal framework supporting the increasingly innovative marketing strategies firms are adopting.” The course adopts a strong business focus. “Students are asked to think about the business strategies underlying the cases we study, and to critically evaluate why the litigation was brought, and the commercial agenda animating the marketing strategies that the courts are scrutinizing.”

Expanding trademark rights present new challenges for trademark lawyers and for intellectual property policy. Two Supreme Court cases last Term, Moseley v. Secret Catalogue and Dastar v. Twentieth Century Fox, examined the scope of trademark dilution doctrine and the interaction between trademark and copyright law. As Professor Austin explains, “Because trademark rights control how other people can use words and symbols, it’s important for our students to consider the important constitutional issues surrounding this unusual type of property.”

The Internet and globalization have brought new legal challenges for trademark owners. The International Intellectual Property Law seminar provides students an opportunity to explore the major international treaties regulating trademark rights and international litigation strategies for protecting trademarks across national borders.

IP Law and the Indigenous Peoples Law and Policy Program

The interface between intellectual property regimes and indigenous peoples rights presents a range of cutting edge legal and policy questions. Across the globe, indigenous peoples are becoming increasingly active in asserting their rights to traditional knowledge and expertise: art forms, dance, music, stories, and farming techniques as well as medical techniques and knowledge of the medicinal qualities of plants and animal products. Major intellectual property policymaking institutions, including the World Intellectual Property Organization (WIPO), are looking closely at the issues raised by these claims. Indigenous groups are using courts and specialist tribunals to establish and protect traditional knowledge. At the same time, these groups, together with legal scholars and policymakers, are beginning to question whether Western notions of intellectual property provide an appropriate model for protecting these rights and analyzing the issues raised by their claims.

Traditional knowledge issues are of enormous practical significance for indigenous peoples, but they also raise questions that go to the heart of intellectual property law and property law generally. Indigenous Peoples Law and Policy (IPLP) is one of the UA’s focused excellence themes, and our IPLP program provides an opportunity for students to explore these kinds of issues. Professor Jim Anaya says that, “Indigenous peoples’ claims expose and challenge some of the unspoken assumptions underlying western intellectual property laws – the value accorded to individual as opposed to cooperative effort; the Romantic notion of “originality”; the assumption that everything can, or should, be marketed.”

A number of our students are devising programs of study that include both intellectual property and IPLP courses and seminars. The depth of expertise in the IPLP program and the range of intellectual property courses offer students unparalleled opportunities to work in both areas of law and to understand the important connections between them.

S. James Anaya, the Samuel M. Fegtly Professor of Law, is a leading scholar and educator in the law of indigenous peoples. Known internationally for his scholarship and work in human rights, he is a frequent presenter and consultant on projects around the globe. A complete list of his accomplishments and projects is available by clicking here.

Professor Anaya graduated from Harvard Law School and was a member of the faculty at the University of Iowa College of Law before coming to Arizona. He serves as the faculty co-chair for the Indigenous Peoples Law and Policy Program.


Anaya


IP Law and the International Trade Law Program

With the entry into force of the WTO’s Agreement on Trade Related Aspects of Intellectual Property (TRIPS), the emergence of many new regional trading agreements and increasing economic integration, the protection of intellectual property across borders has become a fundamental issue in international trade. Whether the “property” traded is a commodity, a branded product, a licensing right or new computer or software technology, the applicable international and national legal rules can either encourage or inhibit the growth of markets and economies. The international trade community grapples with finding a balanced approach to intellectual property issues, addressing the subtle, as well as obvious, barriers to market access and the need for effective enforcement of intellectual property rights.

Lawyers with a solid foundation in both international trade law and intellectual property law thus find themselves in high demand. In fact, there are few international lawyers who do not have to deal with intellectual property, as well as trade and commercial, issues in theirdaily work.

The LL.M. Program in International Trade Law at the James E. Rogers College of Law affords students the opportunity to acquire skills both in international trade and commercial law and in intellectual property law. “Our international trade law program continues to benefit from our strong IP law faculty” says David A. Gantz, Director of the International Trade Law program and Professor of Law. “Almost all of our LL.M. candidates take at least one intellectual property law course at Arizona, and many enroll in several such offerings.”

The diverse international LL.M. student body also affords J.D. students the chance to acquire cultural sensitivities and a nuanced appreciation for how other countries approach business and legal issues.

David A. Gantz is the Director of the International Trade Law LL.M. Program and Professor of Law at the James E. Rogers College of Law. He is also the Associate Director of the National Law Center for Inter- American Free Trade, an affiliated research and educational center. His distinguished background includes service with the U.S. Department of State and private practice in Washington, D.C., specializing in international trade and corporate law. He has been a panelist for trade dispute resolution under NAFTA and the U.S.-Canada Free Trade Agreement and a U.S. Judge on the Administrative Tribunal of the Organization of American States.

Professor Gantz teaches International Trade Law, International Environmental Law, NAFTA and Other Regional Trade Agreements, International Investment and Technology Transfer and Public International Law. He holds J.D. and J.S.M. degrees from Stanford University. View Professor Gantz's complete profile by clicking here.


Gantz
 

The National Law Center for Inter-American Free Trade


The National Law Center for Inter-American Free Trade is a cutting-edge research institution affiliated with the James E. Rogers College of Law and dedicated to facilitating trade in the Western Hemisphere. Intellectual property constitutes an important – and rapidly growing – focus area for this nonprofit organization.

Headquartered in Tucson, the Center:

Helps public and private sector clients deal with general barriers to free trade while adequately protecting ownership integrity;
Contributes to the growing body of law on global intellectual property through its research and publications;
Educates lawyers and others on trade issues through conferences and consultation; and
Maintains an online database of Latin American and Caribbean legal materials affecting international trade.

Professor Boris Kozolchyk, Evo DeConcini Professor of Law, conceived and founded the Center in 1992. He remains its President. Professor David A. Gantz, who directs the LL.M. program in International Trade Law and other graduate degree programs, serves as the Center’s Associate Director.

Free Trade Agreements and Customs Unions have opened the doors for a continuous flow of goods across nations. Most of these goods are legitimate. However, many goods that violate intellectual property rights also manage to cross borders. To study this phenomenon, the Center recently completed a research project that examines border enforcement of intellectual property rights in Canada and Mexico. The study was commissioned by U.S. Customs, in large part due to concerns that counterfeit and pirated goods from outside North America are being transshipped to the U.S. through the territories of its NAFTA partners. While the focus of the report was on Canada and to a lesser extent Mexico, the Center also examined the border enforcement of intellectual property rights in the European Union to determine whether there are lessons to be learned from the European experience that might be helpful in the North American context.

Further information on the Center and the InterAmsm database is available at www.natlaw.com. Center staff can be reached at (520) 622-1200.

National Law Center

Free Trade Logo


Intellectual Property Special Events


Mark your calendars for the:

Quarles & Brady Streich Lang and the University of Arizona James E. Rogers College of Law’s

Intellectual Property Forum


Thursday, February 12, 2004
10:00 am – 12:30 pm
Ares Auditorium (Room 146)
James E. Rogers College of Law

Speaker:

Rochelle Cooper Dreyfuss
Pauline Newman Professor of Law, New York University Law School


Quarles & Brady Streich Lang and the University of Arizona James E. Rogers College of Law's

Intellectual Property Breakfast

Wednesday, March 10, 2004
7.30 - 9.30am
Phoneix Country Club
Speaker: TBA


IP Law Program Course and Seminar Offerings


Copyright Law
Trademarks and Unfair Competition Law
Patent Law
International Intellectual Property Law
Contemporary Issues in Intellectual Property
Bio-tech Startups (AzStartup.edu)

      

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