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Texas A&M University Center for Law and Intellectual Property

Fall 2015

Professor Megan Carpenter

Megan Carpenter Appointed Chair-Elect of INTA Academic Committee

Professor Carpenter was recently appointed chair-elect of the Academic Committee of the International Trademark Association. She will serve a two-year term beginning January 2016. As the current vice-chair of the committee, she has dedicated her effort to developing an academic perspective within INTA. Believing that scholars have a valuable voice in trademark policy and practice, she has worked tirelessly to foster a dialogue between professors and practitioners within the organization. In the 2015 INTA Annual Meeting in San Diego, she organized a debate between leading practitioners and trademark scholars, taught in an international trademark course and spoke on panels on legal education and the Redskins trademark cancellation action.

Professor Saurabh Vishnubhakat

Saurabh Vishnubhakat Brings USPTO Expertise to Texas A&M

Professor Vishnubhakat joined the School of Law this fall, bringing to the campus valuable experience from the U.S. Patent and Trademark Office. At the USPTO, he advised the agency's first two chief economists on IP policy issues, including ownership and transparency in technology markets and the role of the patent system in fostering innovation in emerging technologies. Immediately before joining Texas A&M, he served as a faculty fellow at Duke Law School, co-teaching a course on patent law and conducting research on genomic innovation. His article with Duke Law Professor Arti Rai, "When Biopharma Meets Software: Bioinformatics at the Patent Office," is forthcoming from the Harvard Journal of Law and Technology.

"The Slants"

CLIP Speaker Series Features Former Register of Copyrights and "The Slants" Frontman

Since its inception, the "Perspectives on Practice" Speaker Series has brought IP thought leaders to the campus to explore timely and cutting-edge topics. This well-attended lunchtime series is held every few weeks throughout the year. The presentations this fall will feature Ralph Oman, Register of Copyrights of the United States (1985-1993); and Simon Tam, the founder of the Asian American rock band "The Slants" who is currently involved in an appeal of the USPTO's rejection of his band's trademark registration. Other scheduled fall speakers include a patent litigator, museum professionals and a tech entrepreneur.

university athletics

CLIP Symposium Examines "IP and the Modern University Athlete"

In April, CLIP brought leading scholars, practitioners and university administrators together in a well-attended symposium to explore the intersection between IP law and university athletes. This event featured a presentation on how Texas A&M University handled licensing and merchandising issues concerning "Johnny Football." Topics covered also included the changing role of IP rights in college athletics and copyright, trademark and right of publicity issues relating to individual college athletes and teams. The symposium was particularly timely in light of the NCAA's recent expansion of the coverage of athletic scholarships in Division I schools.

Professor Peter Yu

Peter Yu Discusses Global Drug Procurement at Harvard Medical School Conference

In April, Professor Yu discussed international cooperation on drug procurement and supply at the newly established Harvard Medical School Center for Global Health Delivery—Dubai in the United Arab Emirates. This event aimed to identify innovations in the supply chain structure for second-line drugs. His presentation explored how BRICS countries could cooperate with each other to facilitate global access to essential medicines. He also shared insights from his book, The Global Governance of HIV/AIDS: Intellectual Property and Access to Essential Medicines (co-edited with Dr. Obijiofor Aginam of the United Nations University and Prof. John Harrington of Cardiff Law School).

Professor Brian Holland

Brian Holland's Views on Deflategate Capture National Attention

Over the summer, Professor Holland shared his views via different media on the National Football League's suspension of New England Patriots quarterback Tom Brady. Brady was suspended for four games due to allegations of his tampering with footballs—allegations that have since been referred to as "Deflategate." Newsweek recently published Professor Holland's article, "Deflategate: Does the NFL Commissioner Enjoy Absolute Power?" After a federal court vacated the NFL suspension ruling, Boston Herald also published his op-ed, "NFL Victim of Goodell's Arrogance."

Professor Glynn Lunney

Glynn Lunney Discusses Fair Use at GWLA Meeting and University of Washington Symposium

On September 15, Professor Lunney shared his perspectives on copyright law and fair use with more than 30 research library deans or directors at the Texas A&M main campus in College Station. The university's Evans Library was the host of the 2015 fall membership meeting of the Greater Western Library Alliance, a consortium of 35 research libraries located in the central and western parts of the United States. Earlier this spring, he also served as a panelist discussing fair use developments since Campbell v. Acuff-Rose in the "Fair Use in the Digital Age" Conference at the University of Washington School of Law.

law students attend USPTO-Certified Clinics in Washington

Students in USPTO-Certified Clinics Go to Washington

Texas A&M is among a limited number of law schools having USPTO-certified clinics in both the patent and trademark areas. This past spring, clinical students visited the USPTO in Alexandria, Virginia to participate in a "Day at the USPTO." More students from Texas A&M attended than from any other law school in the country, leading USPTO General Counsel Sarah Harris (BS'84) to remark on the large number of Aggies during a group photo with Congressman Hakeem Jeffries and other government leaders. Because of the certified clinic arrangement, USPTO officials visited the School of Law during both the fall and spring semesters to give interactive presentations to Texas A&M students interested in having an IP law career.

Irene Calboli and Srividhya Ragavan Publish Book on IP Diversity with Cambridge University Press

Professors Calboli and Ragavan published Diversity in Intellectual Property: Identities, Interests, and Intersetions with Cambridge University Press this summer. The edited volume aims to create an interface between IP and diversity—which, when broadly defined, includes cultural, biological, religious, racial and gender diversity. This book underscores the compatibility of the current IP framework with efforts to include diversity as part of its objectives. The Hindu, a leading newspaper in India, recently published a raving review of this book. Professor Ragavan, currently with the University of Oklahoma, will join Texas A&M University in January 2016.
 

CLIP Jointly Organizes Innovation and Communications Law Conference in China

In July, Professor Peter Yu jointly organized the 7th Annual Conference on Innovation and Communications Law with the Intellectual Property Research Institute at Xiamen University in China. Titled "New Technologies and Modes of Innovation and Their Impacts on Intellectual Property and Communications Law," this event brought together IP and communications law scholars from both the East and the West. Co-founded by Professor Yu, the conference was organized by a consortium of European and US law schools, which include Drake, Eastern Finland (Joensuu), Louisville, Michigan State, Texas A&M and Turku.
 

CLIP Students Participate in Spring Break Service Week in Santa Fe

Last spring, seven CLIP students participated in the Spring Break Service Week in Santa Fe. Under the supervision of Adjunct Professor Melissa Eckhause, they gave presentations to underserved communities, covering topics such as: "Copyrights and Trademarks in Wine Labels" (in the New Mexico Wine Growers Association Education Conference); "Legal and Business Issues in the Arts" (at the Santa Fe Community College); "Copyrights, Trademarks, and Patents, Oh My!—IP for Entrepreneurs" (at the Women's Economic Self Sufficiency Team Enterprise Center); and "Legal Issues in Broadcasting" (at the Institute of American Indian Arts). In addition, students met with museum personnel, visited the New Mexico Film Works and participated in a live public radio talk show.
 

CLIP Students Spearhead University-wide Collaboration in College Station

Since becoming part of Texas A&M University, CLIP has worked closely with other colleges and departments to develop programming that is of interest to the larger university community. In the past year, CLIP students participated in 3 Day Startup (3DS), a three-day entrepreneurship extravaganza that began with sharing ideas with potential team members and ended with "Shark Tank style" investor pitches. In addition, Professor Carpenter traveled with students to College Station to provide "Need to Know" workshops on "IP 101" to engineering, business and innovation students. Clinical students also worked with entrepreneurs based at Startup Aggieland, a student business accelerator, to protect IP and build businesses.
Texas A&M University School of Law FILMCLIPS
FilmCLIPs Series Brings Students and Faculty Together over Movies, Pizzas and IP Discussions. Beginning last year, CLIP has hosted an innovative movie series that focuses on issues relating to IP and entrepreneurship. This series aims to introduce IP law and policy questions to Texas A&M students while bringing together the IP student community. In addition to pizzas and background materials, the series features CLIP faculty and staff leading face-to-face teaching segments on IP-related themes explored in the movies.

Upcoming Events


October 9-10, 2015
Inaugural Texas A&M Intellectual Property Scholars Roundtable

October 12, 2015
CLIP Speaker Series featuring Simon Tam of "The Slants"

October 19, 2015
CLIP Speaker Series featuring Ralph Oman of the United States Copyright Office

October 26, 2015
CLIP Speaker Series featuring Alison Schwartzstein and Mary Balthrop of the Dallas Museum of Art

November 9, 2015
CLIP Speaker Series featuring Jeremy Brandt, CEO of We Buy Houses
 

Faculty Publications (2014-Present)


Irene Calboli (ed.), The Law and Practice of Trademark Transactions: A Global and Local Outlook (Edward Elgar Publishing, forthcoming 2016) (with Jacques de Werra) 
 
Irene Calboli, Trademark Transactions in the United States: Towards De Facto Trading in Gross?, in The Law and Practice of Trademark Transactions: A Global and Local Outlook (Irene Calboli & Jacques de Werra eds., Edward Elgar Publishing, forthcoming 2016) 
 
Irene Calboli, Contributory Trademark Infringement on the Internet: Do We Finally Know What Intermediaries Need To Know?, in Research Handbook on E-Commerce (John A. Rothchild ed., Edward Elgar Publishing, forthcoming 2016)
 
Irene Calboli, Reconciling Tradition and Innovation: Geographical Indications of Origin as Incentives for Local Development and Expressions of a "Good Quality Life," in The Internet and the Emerging Importance of New Forms of Intellectual Property (Susy Frankel & Daniel J. Gervais eds., Kluwer Law International, forthcoming 2016)
 
Irene Calboli, Time to Say Local Cheese and Smile at Geographical Indications of Origin? International Trade and Local Development in the United States, 53 Hous. L. Rev. (forthcoming 2016)
 
Irene Calboli (ed.), Diversity in Intellectual Property: Identities, Interests, and Intersections (Cambridge University Press 2015) (with Srividhya Ragavan)
 
Irene Calboli, Introduction: Recognizing Diversity in Intellectual Property, in Diversity in Intellectual Property: Identities, Interests, and Intersections 1 (Irene Calboli & Srividhya Ragavan eds., Cambridge University Press 2015) (with Srividhya Ragavan)
 
Irene Calboli, Geographical Indications of Origin at the Crossroads of Local Development, Consumer Protection, and Marketing Strategies, 46 Int'l Rev. Intell. Prop. & Competition L. (forthcoming 2015)
 
Irene Calboli, The Trademark Provisions in the TRIPS Agreement, in Intellectual Property and International Trade: TRIPS Agreement (Carlos M. Correa & Yusuf A. Abdulqawi eds., 3d ed., Kluwer Law International, forthcoming 2015) (with Christine Haight Farley)
 
Irene Calboli, The Story of Luxury Products and the (Broken) Promise of Superior Product Quality in a World of Prestige for the Masses, in The Luxury Economy and Intellectual Property: Critical Reflections 31 (Barton Beebe, Haochen Sun & Madhavi Sunder eds., Oxford University Press, 2015)
 
Irene Calboli, Intellectual Property Protection for Fame, Luxury, Wine, and Spirits: Lex Specialis for a Corporate "Dolce Vita" or a "Good Quality Life"?, in Intellectual Property and General Legal Principles: Is IP a Lex Specialis? 156 (Graeme B. Dinwoodie ed., Edward Elgar Publishing 2015)
 
Irene Calboli, Of Markets, Culture, and Terroir: The Unique Economic and Culture-Related Benefits of Geographical Indications of Origin, in Research Handbook in International Intellectual Property 433 (Daniel Gervais ed., Edward Elgar Publishing, 2015)
 
Irene Calboli, Reviewing The Protection of Geographical Indications by Michael Blakeney, Edward Elgar Publishing, 2014, 37 Eur. Intell. Prop. Rev. 333 (2015) 
 
Irene Calboli (ed.), Trademark Protection and Territoriality Challenges in a Global Economy (Edward Elgar Publishing 2014) (with Edward Lee)
 
Irene Calboli, The (Avoidable) Effects of Territorially Different Approaches to Trademark and Copyright Exhaustion, in Trademark Protection and Territoriality Challenges in a Global Economy 151 (Irene Calboli & Edward Lee eds., Edward Elgar Publishing 2014)
 
Irene Calboli, In Territorio Veritas? Bringing Geographical Coherence into the Ambiguous Definition of Geographical Indications of Origin, 6 WIPO J. 57 (2014)
 
Irene Calboli, Reading the Tea Leaves in Singapore: Who Will Be Left Holding the Bag for Secondary Trademark Infringement on the Internet?, 37 Colum. J.L. & Arts 593 (2014)
 
Irene Calboli, Overlapping Copyright and Trademark Protection: A Call for Concern and Action, 2014 U. Ill. L. Rev. Slip Opinions 25
 
Irene Calboli, Game Over! Or Just Time Out? Exhaustion and Misuse of Intellectual Property Rights Before and After Kirtsaeng v. Wiley & Sons, in La Proprieté Intellectuelle et la Circulation Internationale des Biens 67 (Pierre-Emmanuel Moyse ed., Les Éditions Thémis 2014)

Irene Calboli, Overlapping Rights: The Negative Effects of Trademarking Creative Works, in The Evolution and Equilibrium of Copyright in the Digital Age 52 (Susy Frankel & Daniel Gervais eds., Cambridge University Press 2014)
 
Irene Calboli, The United States Supreme Court's Decision in Kirtsaeng v. Wiley & Sons: An "Inevitable" Step in Which Direction?, 45 Int'l Rev. Intell. Prop. & Competition L. 75 (2014)
 
Irene Calboli, Betty Boop and the Return of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, 36 Eur. Intell. Prop. Rev. 80 (2014)
 
Megan M. Carpenter, NSFW: An Empirical Study of Scandalous Trademarks, 33 Cardozo Arts & Ent. L.J. (forthcoming 2015) (with Mary Garner)
 
Megan M. Carpenter, Fixing Fixation: Copyright Law and Contemporary Art, 82 Fordham L. Rev 2221 (2014) (with Steven Hetcher)
 
Glynn S. Lunney, Jr., FTC v. Actavis: The Patent-Antitrust Intersection Revisited, 93 N.C. L. Rev. 375 (2015)
 
Glynn S. Lunney, Jr., Copyright on the Internet: Consumer Copying and Collectives, in The Evolution and Equilibrium of Copyright in the Digital Age (Susy Frankel & Daniel J. Gervais eds., Cambridge University Press 2014)
 
Glynn S. Lunney, Jr., Aereo and Copyright's Private-Public Performance Line, 162 U. Penn. L. Rev. Online 205 (2014)
 
Glynn S. Lunney, Jr., Copyright's Mercantilist Turn, 42 Fla. St. U. L. Rev. 95 (2014)
 
Saurabh Vishnubhakat, An Intentional Tort Theory of Patents, 68 Fla. L. Rev. (forthcoming 2016)
 
Saurabh Vishnubhakat, When Biopharma Meets Software: Bioinformatics at the Patent Office, 29 Harv. J.L. & Tech. (forthcoming 2015) (with Arti Rai)
 
Saurabh Vishnubhakat, The Mouse That Trolled, 2 J.L. & Biosci. (forthcoming 2015) (with Tania Bubela and Robert Cook-Deegan)
 
Saurabh Vishnubhakat, Expired Patents, 64 Cath. U. L. Rev. (forthcoming 2015)
 
Saurabh Vishnubhakat, What's It Worth to Keep a Secret?, 13 Duke L. & Tech. Rev. 116 (2015) (with Nicola Searle and Gavin Reid)
 
Saurabh Vishnubhakat, Gender Diversity in the Patent Bar, 14 J. Marshall Rev. Intell. Prop. L. 67 (2014)
 
Saurabh Vishnubhakat, Cognitive Economy and the Trespass Fallacy: A Response to Professor Mossoff, 65 Fla. L. Rev. Forum 38 (2014)
 
Saurabh Vishnubhakat, The Growing Public Domain in Medicine, 15 Colum. Sci. & Tech. L. Rev. 293 (2014)
 
Saurabh Vishnubhakat, What Patent Attorney Fee Awards Really Look Like, 63 Duke L.J. Online 15 (2014)
 
Peter K. Yu, Developing Human Rights Approaches to Intellectual Property (Cambridge University Press, forthcoming 2016) (edited with Molly Land)
 
Peter K. Yu, The Anatomy of the Human Rights Framework for Intellectual Property, 69 SMU L. Rev. (forthcoming 2016) 
 
Peter K. Yu, Intellectual Property Negotiations, the China Factor and the Changing North-South Debate, 21 Int'l Neg. (forthcoming 2016)
 
Peter K. Yu, The Copy in Copyright, in Intellectual Property and Access to Im/Material Goods (Jessica C. Lai & Antoinette Maget Dominicé eds., Edward Elgar Publishing, forthcoming 2016)
 
Peter K. Yu, Enforcement: A Neglected Child in the Intellectual Property Family, in The Internet and the Emerging Importance of New Forms of Intellectual Property (Susy Frankel & Daniel J. Gervais eds., Kluwer Law International, forthcoming 2016)
 
Peter K. Yu, The Transplants of Intellectual Property Laws in China, in Governance of Intellectual Property Rights in China and Europe  (Nari Lee, Niklas Bruun & Li Mingde eds., Edward Elgar Publishing, forthcoming 2016)
 
Peter K. Yu, International Technology Contracts, Restrictive Covenants and the UNCTAD Code, in Know How, Trade Secrets and Restrictive Covenants (Christopher Heath & Anselm Kamperman Sanders eds., forthcoming 2016)
 
Peter K. Yu, Clusters and Links in ‏Asian Intellectual Property Law and Policy, in The Routledge Handbook on Asian Law (Christoph Antons ed., Routledge, forthcoming 2016)
 
Peter K. Yu, TRIPS Wars: Developing Countries Strike Back, in Flashpoints (Alexandra George ed., Quid Pro Press, forthcoming 2016)
 
Peter K. Yu, The Comparative Economics of International Intellectual Property Agreements, in Comparative Law and Economics (Giovanni B. Ramello & Theodore Eisenberg eds., Edward Elgar Publishing, forthcoming 2016)
 
Peter K. Yu, The Incremental Development of the ASEAN–China Strategic Intellectual Property Partnership, in Handbook on Intellectual Property Law in Southeast Asia (Christoph Antons ed., Edward Elgar Publishing, forthcoming 2016)
 
Peter K. Yu, Intellectual Property Enforcement and Global Climate Change, in Research Handbook on Intellectual Property and Climate Change (Joshua Sarnoff ed., Edward Elgar Publishing, forthcoming 2016)
 
Peter K. Yu, Intellectual Property Law (Lexis-Nexis 2015) (with John T. Cross, Doris E. Long and Greg R. Vetter)

Peter K. Yu, Tales of the Unintended in Copyright Law, 67 Stud. Law, Pol. & Soc'y 1 (2015)
 
Peter K. Yu, The Confuzzling Rhetoric Against New Copyright Exceptions, in 1 Kritika: Essays on Intellectual Property 278 (Peter Drahos, Gustavo Ghidini & Hanns Ullrich eds., Edward Elgar Publishing 2015)
 
Peter K. Yu, Challenges to the Development of a Human Rights Framework for Intellectual Property, in Intellectual Property and Human Rights 87 (Paul L.C. Torremans ed., 3d ed., Kluwer Law International 2015)
  
Peter K. Yu, Trade Secret Hacking, Online Data Breaches, and the China Cyberthreat, 2015 Cardozo L. Rev. De Novo 130
 
Peter K. Yu, Towards the Seamless Global Distribution of Cloud Content, in Privacy and Legal Issues in Cloud Computing 180 (Anne S.Y. Cheung & Rolf H. Weber eds., Edward Elgar Publishing 2015)
 
Peter K. Yu, Intellectual Property and Confucianism, in Diversity in Intellectual Property: Identities, Interests, and Intersections 247 (Irene Calboli & Srividhya Ragavan eds., Cambridge University Press 2015)
 
Peter K. Yu, Intellectual Property Training and Education for Social Justice, in Intellectual Property, Entrepreneurship, and Social Justice: From Swords to Ploughshares 140 (Lateef Mtima ed., Edward Elgar Publishing 2015)
 
Peter K. Yu, The Non-multilateral Approach to International Intellectual Property Norm-setting, in Research Handbook on International Intellectual Property Law 83 (Daniel J. Gervais ed., Edward Elgar Publishing 2015)
 
Peter K. Yu, Digital Copyright Enforcement Measures and Their Human Rights Threats, in Research Handbook on Human Rights and Intellectual Property 455 (Christophe Geiger ed., Edward Elgar Publishing 2015)
 
Peter K. Yu, Sinic Trade Agreements and China's Global Intellectual Property Strategy, in Intellectual Property and Free Trade Agreements in the Asia-Pacific Region 247 (Christoph Antons & Reto M. Hilty eds., Springer 2015)
 
Peter K. Yu, How Copyright Law May Affect Pop Music Without Our Knowing It, 83 UMKC L. Rev. 363 (2014)
 
Peter K. Yu, Intellectual Property Geographies, 6 WIPO J. 1 (2014)
 
Peter K. Yu, Why Are the TRIPS Enforcement Provisions Ineffective?, in Research Handbook on Cross-Border Enforcement of Intellectual Property 770 (Paul Torremans ed., Edward Elgar Publishing 2014)
 
Peter K. Yu, Déjà Vu in the International Intellectual Property Regime, in The SAGE Handbook of Intellectual Property 113 (Matthew David & Debora Halbert‏ eds., Sage Publications 2014)
 
Peter K. Yu, The International Enclosure of China's Innovation Space, in Innovation and Intellectual Property in China: Strategies, Contexts and Challenges 236 (Feng Xiaoqing & Ken Shao eds., Edward Elgar Publishing 2014)
 
Peter K. Yu, The ACTA Committee, in The Plurilateral Enforcement Agenda: The Genesis and Aftermath of ACTA 142 (Pedro Roffe & Xavier Seuba eds., Cambridge University Press 2014)
 
Peter K. Yu, Can the Canadian UGC Exception Be Transplanted Abroad?, 26 Intell. Prop. J. 175 (2014)
 
Peter K. Yu, Moral Rights 2.0, 1 Tex. A&M L. Rev. 873 (2014)
 
Peter K. Yu, TPP and Trans-Pacific Perplexities, 37 Fordham Int'l L.J. 1129 (2014)
 
Peter K. Yu, The Strategic and Discursive Contributions of the Max Planck Principles for Intellectual Property Provisions in Bilateral and Regional Agreements, 62 Drake L. Rev. Discourse 20 (2014)
 
Peter K. Yu, Virotech Patents, Viropiracy, and Viral Sovereignty, 45 Ariz. St. L.J. 1563 (2014)
 
Peter K. Yu, The Curious Case of Fake Beijing Olympics Merchandise, in Trademark Protection and Territoriality Challenges in a Global Economy 259 (Irene Calboli & Edward Lee eds., Edward Elgar Publishing 2014)
 
Peter K. Yu, The ACTA/TPP Country Clubs, in Access to Information and Knowledge: 21st Century Challenges in Intellectual Property and Knowledge Governance 258 (Dana Beldiman ed., Edward Elgar Publishing 2014)
 
Peter K. Yu, Trade Agreement Cats and the Digital Technology Mouse, in Science and Technology in International Economic Law: Balancing Competing Interests 185 (Bryan Mercurio & Ni Kuei-Jung eds., Routledge 2014)
 
Peter K. Yu, EU Economic Partnership Agreements and International Human Rights, in EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse? 109 (Josef Drexl, Henning Grosse Ruse-Khan & Souheir Nadde-Phlix eds., Springer 2014)
 
Peter K. Yu, The Middle Intellectual Property Powers, in Law and Development in Middle-Income Countries: Avoiding the Middle-Income Trap 84 (Randall Peerenboom & Tom Ginsburg eds., Cambridge University Press 2014)
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