People

Faculty Co-Directors

James BoyleJames Boyle is William Neal Reynolds Professor of Law at Duke Law School. His latest book is The Public Domain: Enclosing the Commons of the Mind (Yale Univ. Press 2008); the book received the 2008 McGannon Award and was named the 2009 Book of the Year by the American Society for Information Science and Technology. Boyle is also the special editor of Collected Papers on the Public Domain (Duke: L&CP 2003), the author of Shamans, Software, and Spleens: Law and Construction of the Information Society (Harvard Univ. Press 1996) and the co-author of Tales from the Public Domain: Bound By Law? (CSPD 2006), a graphic novel on fair use in documentary film. Boyle received the 2003 World Technology Award for Law for his work on the "intellectual ecology" of the public domain and on the new "enclosure movement" that seems to threaten it; he was named one of seven Science 2.0 Pioneers by The New York Academy of Sciences Magazine in April 2010; and, he received the Electronic Frontier Foundation's 2010 Pioneer Award in November 2010 for his work "to celebrate and protect the values of cultural and scientific openness." He was a founding Board Member of Creative Commons and of Science Commons. Boyle currently serves with a number organizations, including on the Board of the Public Library of Science.

 

David LangeDavid Lange is Melvin G. Shimm Professor of Law at Duke Law School, where he has been on the faculty for forty years. Lange's latest book (with co-author H. Jefferson Powell) is No Law: Intellectual Property in the Image of an Absolute First Amendment (Stanford Univ. Press 2008). He is also coauthor of Intellectual Property: Cases and Materials (with Mary LaFrance and Gary Myers), which is now in its third edition. A founding member of the ABA Forum Committee on the Entertainment and Sports Industries, he served on the Forum Committee's initial Governing Board. He was an Advisor to the Reporters on the ALI's Restatement (3d) of Unfair Competition. He has also served as Trustee of the Copyright Society of the United States.

 

Arti K. RaiArti Rai is Elvin R. Latty Professor of Law at Duke Law School and a leading expert in patent law, law and the biopharmaceutical industry, health care regulation, and administrative law. She served as Administrator, Office of External Affairs, at the U.S. Patent and Trademark Office in 2009–2010. She writes extensively in her fields of interest and her publications include Growing Pains in the Administrative State: The Patent Office's Troubled Quest for Managerial Control, 157 University of Pennsylvania Law Review 2051 (2009); University Software Ownership and Litigation: A First Examination, 87 North Carolina Law Review 1519 (2009) (with John Allison & Bhaven Sampat); Intellectual Property and Alternatives: Strategies for Green Innovation (Chatham House working paper) (with Richard Newell, Jerome Reichman, & Jonathan Wiener); Proprietary Science, Open Science, and the Role of Patent Disclosure: The Case of Zinc Finger Proteins, 27 Nature Biotechnology 140 (2009) (with co-authors); Fixing Innovation Policy: A Structural Perspective, 77 George Washington Law Review 101 (2008) (with Stuart Benjamin); and Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerating Drug Discovery, 8 Yale Journal of Health Policy, Law & Ethics 53 (2008) (with Jerome Reichman, Paul Uhlir, & Colin Crossman). Prof. Rai currently chairs the Intellectual Property Committee of the Administrative Law Section, American Bar Association.

 

Jerome H. ReichmanJerome H. Reichman is Bunyan S. Womble Professor of Law at Duke Law School. He has written and lectured widely on diverse aspects of intellectual property law, including comparative and international intellectual property law and the connections between intellectual property and international trade law. His articles and a book (International Public Goods and Technology Transfer in a Globalized Intellectual Property Regime (Cambridge Univ. Press 2005) (with Keith Maskus)) in this area have particularly addressed the problems that developing countries face in implementing the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Other writings have focused on intellectual property rights in data; the appropriate contractual regime for online delivery of computer programs and other information goods; and on the use of liability rules to stimulate investment in innovation. He is currently working on a new book, Designing the Microbial Reseach Commons: Global Intellectual Property Strategies for Accessing and Using Essential Knowledge Assets (forthcoming) (with Paul F. Uhlir & Tom Dedeurwaerdere). His most recent essays and articles include: "How Trade Secrecy Law Generates a Natural Semicommons of Innovative Know-How," in The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research (Rochelle Dreyfuss, Pauline Newman & Kathy Strandberg eds., Edward Elgar Pub. forthcoming July 2011); "Identifying and Addressing Global Trends to Restrict Access to Scientific Data from Government Funded Research," in The Global Flow of Information: Legal, Social, and Cultural Perspectives (Ramesh Subramanian & Eddan Katz eds., NYU Press forthcoming August 2011) (with Paul F. Uhlir); Using Intellectual Property Rights to Stimulate Pharmaceutical Production in Developing Countries – A Reference Guide (UNCTAD 2011) (with Christoph Spennemann); "Lessons to be Learned in Europe from the International Discourse on Patents and Public Health," in Differential Pricing of Pharmaceuticals Inside Europe (Christine Godt ed., Nomos 2010); Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options, 37 Journal of Law Medicine & Ethics 247 (2009) (reprinted in Research Handbook on the Protection of Intellectual Property under WTO Rules, vol. 2 (Carlos M. Correa ed., 2010)); Intellectual Property in the Twenty-first Century: Will the Developing Countries Lead or Follow?, 46 Houston Law Review 1115 (2009); and Rethinking the Role of Clinical Trial Data in International Intellectual Property Law: The Case for a Public Goods Approach, 13 Marquette Intellectual Property Law Review 1 (2009).

 

Director

Jennifer JenkinsJennifer Jenkins received her J.D. and an M.A. in English from Duke University. She is co-author of Tales from the Public Domain: Bound By Law? (CSPD 2006), a graphic novel about the effects of intellectual property on documentary film, and other pieces on intellectual property issues in fashion and music. After Duke, she joined the firm of Kilpatrick Stockton in Atlanta, Georgia, where she was a member of the team that defended the copyright infringement suit against the publisher of the novel The Wind Done Gone in SunTrust v. Houghton Mifflin. While at Duke, she co-authored, filmed, and edited “Nuestra Hernandez,” a video demonstrating how appropriation can affect culture and implicitly proposing that intellectual property must make room for transformative critical appropriation.

 

Program Coordinator

Balfour Smith, Program CoordinatorBalfour Smith joined the Center in November 2007 as Program Coordinator. He oversees the administrative needs of the Center and works closely with the Director and Faculty Co-Directors in organizing the Center's programs. Immediately prior to joining the Center, he worked as a faculty assistant at Duke Law School and previously worked in technical writing, advertising, and publishing.