Centre for Intellectual Property and Information Law (CIPIL) Podcast

Helen Gubby, Adjunct Professor, Rotterdam School of Management and the School of Law, Erasmus University, gave an evening seminar entitled "Plus ça change, plus c’est la même chose: Why the Patent Disputes of the Industrial Revolution Shed Light on the Patent Disputes of the Digital Age" on Thursday 17th May 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Helen Gubby’s background is in law and history. She studied in England and was called to the Bar in 1978. Since 1980 she has worked in the Netherlands, as a legal translator and editor, lawyer, lecturer and academic. She has a master’s degree in history from the University of Leiden and a Ph.D. in law from the Erasmus School of Law. Her doctoral research traces the development of a legal paradigm for patents during the Industrial Revolution in England (1750s-1830s).

Her current research, carried out for the Rotterdam School of Management, examines the patent strategy of managers of small and medium sized companies. Helen Gubby’s publications reflect her background. She has written several textbooks on English legal terminology (English legal terminology: legal concepts in language (2011), which is now in its third edition, and Practical legal English: legal terminology (2006), the second edition will appear in 2012), co-authored a book on computers and law (Sentencing by computer: an experiment, Oslo, Universitetsforlaget, 1982), a number of articles on this subject (including Legal decision making by computer: an experiment in sentencing, Computer/Law Journal, 1983) and more recently on patents (Taking patents seriously, International Law and Trade, and International Journal of Intellectual Property Management, vol. 2, 2007). Her book Developing a legal paradigm for patents will be published in January 2012.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Sean Bottomley, Ph.D candidate in History, University of Cambridge, gave a lunchtime seminar entitled "The Specification Requirement and the Diffusion of Technology During the Eighteenth Century" on Thursday 17th May 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Keith Schilling, Senior Partner and Co-Founder of Schillings, gave an evening seminar entitled "Law, Celebrity and the Internet" on Wednesday 9th May 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Keith Schilling is Senior Partner and Co-Founder of Schillings, which is regarded as the pre-eminent claimant law firm in England, specialising in safeguarding the reputations and privacy rights of celebrities, international corporations, brands, as well as high-profile business and political figures. He also specialises in Divorce and family law where his expertise in handling consequential media issues involving threats to privacy and reputation of those involved is highly valued.

Keith is a Solicitor-Advocate and in 2008 was placed 10th in the Times list of the 100 most powerful and influential lawyers in England for his work in achieving a number of landmark decisions in privacy law and was named as one of the 1000 most influential people in London for the second year according to the Evening Standard’s 2009 survey. He has been described as "the Rottweiler" by Private Eye magazine, as well as the "Injunction King" by the Guardian, and a "formidable litigation lawyer"” by the Telegraph.

In an interview by the Sunday Times, Keith was quoted as being "… exactly the sort of lawyer you need in the libel trenches with you in dangerous times." and The Economist magazine has referred to Schillings as being"…the City’s most fearsome defamation lawyers". His work in defamation, privacy, breach of confidence, copyright and divorce, has made him one of the most sought-after media lawyers in Britain. He has helped to protect the reputations of film, sport and entertainment stars as well as top companies and business executives.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Jennifer Davis, University of Cambridge, gave an seminar entitled "Trade mark law and brand values (or Arsenal v Reed Ten Years On)" on Tuesday 7th February 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Over the past couple of decades the language of brands has become inextricably linked with the language of commerce. This lecture begins from the assumption that trade marks are not the same as brands, but that trade mark protection might extend to cover what are often termed ‘brand values’. The decision of the Court of Justice in Arsenal v Reed (2002) recognized that a trade mark might have multiple functions apart from acting as a badge of origin. The decision is often seen as introducing the possibility that the protection afforded to a registered trade mark will also extend to its role as a brand. This lecture is by way of a progress report ten years on from Arsenal v Reed. It will consider how and to what extent the Trade Mark Directive has been interpreted by the Court of Justice to offer increasing protection to brand values. It will suggest that, in light of a run of recent cases including L’Oreal v Bellure (2009), Google v Louis Vuitton (2010) and, in particular, Interflora v Marks & Spencer (2012), the protection which trade mark registration will offer to brand values has massively increased. The lecture will conclude that the direction that the Court of Justice has taken since Arsenal v Reed in relation to the protection of brand values is difficult to justify either in principle or practice.

Jennifer Davis is the author of Intellectual Property Law, 3rd edition (Oxford: OUP, 2008) and with Tanya Aplin, Intellectual Property: Text, Cases and Materials (Oxford: OUP, 2009). Together with Lionel Bently and Jane Ginsburg, she edited Trade Marks and Brands: An Interdisciplinary Critique (Cambridge: CUP, 2008). She has a particular interest in trade mark law, brands and unfair competition and has published extensively on these topics. Before joining the Faculty of Law, Dr Davis practised as a lawyer in the area of intellectual property litigation.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Professor Thomas Pogge, Leitner Professor of Philosophy and International Affairs, Yale University, gave an evening seminar entitled "Patents, Pharmaceuticals and the Health Impact Fund" on Friday 27th January 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Thomas Pogge is a German philosopher and currently the Leitner Professor of Philosophy and International Affairs at Yale University. Previously he was Professorial Fellow at the Centre for Applied Philosophy and Public Ethics at the Australian National University, and Professor of Political Science at Columbia University. He has ongoing appointments as Research Director in the Centre for the Study of Mind in Nature at the University of Oslo, and Adjunct Professor in the Centre for Professional Ethics at the University of Central Lancashire.

Pogge has written extensively on political philosophy, especially on Rawls, Immanuel Kant, cosmopolitanism, and, more recently, extreme poverty. His book World Poverty and Human Rights (Polity, 2002, 2nd edn. 2008) is widely regarded as one of the most important works on global justice.

Pogge's work has been, along with that of Charles Beitz and Henry Shue, one of the most important in the "first wave" of work on global justice. Yet what makes Pogge's contribution to the debate on global justice and the eradication of world poverty original is his emphasis on negative duties rather than on the positive duties stressed by Beitz and Shue. According to Pogge, the global rich have—quite apart from their positive duty to help others in need when they can at little cost to themselves—a stringent negative duty not to contribute to the imposition of a global institutional order that predictably and avoidably impedes the fulfillment of basic socioeconomic rights. This negative duty entails obligations to take decisive steps toward the eradication of global poverty.

Pogge received his Ph.D. from Harvard University with a dissertation supervised by John Rawls. He is currently working on Incentives for Global Health, a non-profit organization dedicated to developing market-based, systemic solutions to health challenges faced by the world's poor. IGH aims to increase access to medicines by altering the incentives for innovation in the health sector.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Mr Christopher J. Buccafusco, Assistant Professor of Law, Chicago-Kent College of Law, gave an evening seminar entitled "Valuing Attribution and Publication in Intellectual Property" on Thursday 26th January 2012 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Professor Buccafusco joined the Chicago-Kent faculty in 2009 and was voted Professor of the Year by the Student Bar Association for 2009-10. He teaches torts and copyright law. His research interests include intellectual property law, behavioral law and economics, law and psychology, and legal history. His recent work focuses on experimental research on intellectual property, psychological challenges to legal notions of rationality, and the application of happiness research to the law. His published articles have appeared in the Columbia Law Review, University of Chicago Law Review (twice), California Law Review, Cornell Law Review (twice), and Georgetown Law Journal.

Professor Buccafusco is a Ph.D. candidate in legal history at the University of Chicago. He graduated from the University of Georgia School of Law in 2004 and earned a B.S. degree from Georgia Tech in 2001. Before coming to Chicago-Kent, Professor Buccafusco taught for a year as a visiting faculty member at the University of Illinois College of Law.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Mireille van Eechoud, Associate Professor, Institute for Information Law, University of Amsterdam, gave an evening seminar entitled "Of Interfaces, snippets and sequences. Is the European Court of Justice fragmenting or integrating the notion of copyright works?" on Thursday 24th November 2011 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Many of the EU directives that harmonize copyright law focus on exclusive rights and their limitations and not on what exactly the subject-matter of these rights is. When is something a work? The domestic laws of Member States give different answers. The EU Court of Justice has now stepped in, seemingly developing a pan-European notion of the copyright work in Infopaq (2009), BSA (2011) and most recently in Football Association Premier League (2011). This is not just an acute problem for UK copyright law, but raises more fundamental questions about how we can arrive at a shared European concept of work(s) of authorship. This seminar explores such questions.

Mireille van Eechoud is associate professor, and teaches in IViR's Information Law master programme. A substantial part of her research focuses on international and European intellectual property law, especially copyright, related rights and database protection. Her most recent book in this field, co-authored with Hugenholtz et al. is Harmonizing European Copyright Law. The Challenges of Better Law Making (Kluwer Law International 2009).

She is a member of the European Max-Planck Group for Conflict of Laws in Intellectual Property (CLIP). This international group of scholars develops principles and aims to provide independent advice to European and national law-makers. Mireille is the project leader of a multidisciplinary research project on creativity and collaborative authorship in copyright law (2010-2012). This is a collaborative research project funded by ESF/HERA, in which IViR partners with Infomedia (University of Bergen, Norway) and CIPIL.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Mr Nic Garnett, Principal Consultant, Interight, London, gave an evening seminar entitled "Copyright, Technology and the Music Industry" on Thursday 11th November 2011 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Nic is an IP and IT specialist with extensive international experience in the management and protection of intellectual property rights. He holds law degrees from the universities of Cambridge and Bordeaux. He advises leading edge technology and media companies, institutions and governments throughout the world on copyright enforcement, IP/technology licensing, digital rights management, on-line media technology deployment, regulatory compliance in on-line media delivery, e-commerce policy and legislative and technology standards development.

Since establishing Interight some 4 years ago, Nic has conducted a considerable amount of leading edge research into the relationship between copyright law and DRM systems.

From 1999 to 2002 Nic was Senior Vice President and in house counsel with InterTrust Technologies in Silicon Valley, focusing on the operational and policy aspects of deployment of the InterTrust DRM systems. Nic was the Director General and CEO of the International Federation of Phonographic Industries from 1992 to 1999 and before that, IFPI's Regional Director for South East Asia, based in Singapore and Hong Kong. In both roles he played an important part in assisting with the global development of copyright. Nic is a regular speaker on rights management and technology in conferences throughout the world. He spoke at Copyright and Technology conferences organised by WIPO at Harvard University (1993), The Louvre (1994) and in the WIPO E-Commerce conference at Geneva in September 2001. He has been a regular visitor to China for the last 20 years and has interacted frequently with the Chinese authorities in the development of the Chinese copyright system and the efforts to deal with piracy in China.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk.

Mr Feargal Sharkey, CEO of UK Music, gave an evening seminar entitled "Copyright, Technology and the Music Industry" on Thursday 11th November 2011 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Born in Derry, Northern Ireland, Feargal found fame as lead singer in The Undertones and later as a solo artist – enjoying some 12 years of world tours, hit albums, late nights and the finest transport café cuisine money can buy. Hanging up his pop star boots, he successfully transferred to the business side of the industry; holding posts as A&R manager, record label MD, Member of the Radio Authority and Chair of the Live Music Forum.

In February 2008, Feargal was appointed CEO of British Music Rights. Eight months later, this role was expanded significantly with the creation of UK Music. Headed by Feargal, UK Music is an umbrella organisation that represents the collective interests of the UK’s commercial music industry – from composers, songwriters, artists, musicians and record producers to music managers, music publishers, record labels and collecting societies.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk