PUBLISHED:March 09, 2012

A Neofederalist Vision of TRIPS

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Monday, March 12, 2012
12:15 - 1:15 pm | Room 3037
Duke Law School


Join Professor Rochelle Dreyfuss for a lunch time public lecture as she discusses international intellectual property law, as well as her upcoming book, A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime.

For more information, please contact Ali Prince.

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Abstract

 

 

The last quarter-century has witnessed unusual activity in international intellectual property law. The WTO’s TRIPS Agreement was soon followed by negotiations over a host of bilateral and plurilateral instruments, each raising the level of protection afforded rights holders. Counter-norm efforts quickly ensued, with groups interested in such matters as development, health, food security, and human rights offering initiatives to enhance access to the world’s knowledge base. Fragmentation, although productive of fresh insights, can lead to conflicting obligations, produce uncertainly, and chill innovation. In this presentation, methods to promote integration will be explored and a new approach—an international intellectual property acquis—will be proposed. The acquis describes the core principles that undergird national and international intellectual property systems; it would be valuable interpretively, operate prospectively to frame future negotiations, and assist in reorienting international intellectual property law so that the interests of consumers, follow-on inventors, and competitors were placed on the same plane as those of right holders.
 

 

Biography

Rochelle Cooper Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and the Co-Director of the Engelberg Center on Innovation Law and Policy. She holds B.A. and M.S. degrees in Chemistry and spent several years as a research chemist before entering Columbia University School of Law, where she served as Articles and Book Review Editor of the Law Review. After graduating, she was a law clerk to Chief Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and to Chief Justice Warren Burger of the U.S. Supreme Court. She is a member of the American Law Institute and served as a Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. She also sits on the National Academy of Science's Committee on Science, Technology and Law, Secretary of the Department of Health & Human Service's Advisory Committee on Genetics, Health, and Society, and BNA's Advisory Board to USPQ.

Professor Dreyfuss was a consultant to the Federal Courts Study Committee, to the Presidential Commission on Catastrophic Nuclear Accidents, and to the Federal Trade Commission. She served on the National Academy of Sciences' Committees on Intellectual Property in Genomic and Protein Research and Innovation and on Intellectual Property Rights in the Knowledge-Based Economy. She is a past chair of the Intellectual Property Committee of the American Association of Law Schools. She has visited at The University of Chicago Law School, University of Washington School of Law, and Santa Clara University Law School. In addition to articles in her specialty areas, she has co-authored casebooks on civil procedure and intellectual property law.