Symposium

Duke University School of Law
9th Annual Hot Topics in Intellectual Property


 February 19, 2010

 

The 'Hot Topics' Symposium was held on Friday, February 19, 2010, at Duke Law School. This year, the panels again focused on cutting-edge issues in intellectual property law.

 

We were greatly honored to welcome Ms. Jennifer A. Haverkamp, Managing Director for International Policy and Negotiations for the Environmental Defense Fund, and Ms. Tina Dam, Senior Director of IDNs for ICANN, as our keynote speakers.  


Our morning session focused on the status of the transfer of IP technology in the aftermath of the Copenhagen climate change convention. In December 2009, Copenhagen hosted the United Nations Climate Change Conference with the goal of creating a framework for mitigating climate change. One of the main issues on the table was technology transfer: should licensing be compulsory? Should there be an international executive committee overseeing technology transfer? The panel examined how the IP landscape has changed post-Copenhagen and what the future holds. What new challenges and opportunities are there on a global stage and in day-to-day practice? What needs to be done in Copenhagen's aftermath?


Our afternoon panel explored new frontiers in the world of online trademark. Specifically, the panel examined ICANN’s recent moves to expand the general top-level domain (gTLD) space and to offer support for domain names in non-roman characters. These changes generate profound implications for the future of online trademarks.  A new era of cyber-squatting and novel approaches to protecting intellectual property assets are all possibilities in this new phase of the internet as we know it.

 

A webcast of the event is available

For more information, please contact This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

 

 

Duke Law 9th Annual Hot Topics in Intellectual Property
February 19, 2010
Schedule of Activities

8:15 AM Registration and Breakfast                                                                   3rd Floor Loggia
8:45 AM Introduction                                                                                            Room 3037
8:55 AM Keynote Session                                                                                    Room 3037

8:55 AM: Opening Remarks

9:00 AM: Keynote Address: Jennifer A. Haverkamp,

Managing Director for International Policy and Negotiations, Environmental Defense Fund

10:00 AM Break
10:15 AM
Panel: The Transfer of IP Technology Post-Copenhagen                   Room 3037

10:15 AM: Introduction

10:20 AM: Sarah Tierney Niyogi,
Technology Transfer and the Protection of Cleantech Intellectual Property

10:35 AM: Prof. Jerome Reichman, Strategies for Green Technology: Intellectual Property Rights and Alternatives

10:50 AM: Jeanine Ray-Yarletts, Patents and the Environment

11:05 AM: Prof. Frederick M. Abbott, Innovation and Technology Transfer to Address Climate Change: Lessons from implementing the WHO Global Strategy and Plan of Action

11:20 AM: Moderated Panel Discussion and Question & Answer session

12:15 PM Catered Buffet Lunch                                                                           Burdman Lounge
1:15 PM Keynote Session                                                                                    Room 3037

1:15 PM: Opening Remarks

1:20 PM: Keynote Address: Tina Dam, Senior Director, Internationalized Domain Names, ICANN

2:20 PM Break
2:35 PM Panel: New Frontiers in Online Trademark: Generic Top-Level
Domains (gTLD) and Non-Roman Domains                                      Room 3037

2:35 PM: Introduction

2:40 PM: Anthony Biller, New gTLD Rollout--.conflict

2:55 PM: M. Scott Donahey, The New Domain Name Environment and Cybersquatting

3:10 PM: Prof. Christine Haight Farley, Resolving Objections to New gTLD Applications: What Role for Trademark Law?

3:25 PM: Prof. Michael Songer, Advising Clients on the New Domains

3:40 PM: Moderated Panel Discussion and Question & Answer session

4:35 PMEvening Reception                                                                               Burdman Lounge
 

Speaker Biographies

 

Tina Dam
Senior Director, Internationalized Domain Names, ICANN

Tina DamMs. Dam serves as Senior Director, IDNs, where she develops and manages all IDN related projects at ICANN. Her work focuses, in particular, on the implementation of processes, such as the IDN ccTLD Fast Track Process and the new IDN gTLD Program, that will enable deployment of internationalized top level domains.

Ms. Dam joined ICANN in 2003 as Chief gTLD Registry Liaison, where she was responsible for developing ICANN's gTLD Registry functions including defining, managing, and implementing processes in accordance with consensus policies and ICANN agreements for servicing the gTLD registries.

Prior to ICANN, she worked with several companies in the DNS community, including ICANN-accredited registrar Ascio Technologies (formerly known as SpeedNames) where she oversaw the launches of the .biz, .info, and .name top-level domains and managed the development of all related internal and external products and product marketing materials. Prior to Ascio, Ms. Dam was Systems Architecture Engineer at Navision Software a/s, establishing the architecture design of the company's next generation of products.

Ms. Dam holds a Master of Science in Mathematics and Physics from the Aalborg University in Denmark and a BBA in Marketing Management and International Trade from Copenhagen Business School.

 

Jennifer A. Haverkamp
Managing Director for International Policy and Negotiations, Environmental Defense Fund

Jennifer A. HaverkampJennifer Haverkamp is a former U.S. trade negotiator and an expert in international environmental and trade law. She leads the Environmental Defense Fund (EDF)’s international climate policy team and advises EDF’s domestic experts on the international aspects of U.S. climate legislation.

Ms. Haverkamp’s areas of expertise include bilateral and multilateral negotiations, international trade and climate policy, international trade and finance, international agreements and institutions, and post-2012 roadmap/architecture.

In 2003-04, Ms. Haverkamp served as one of two U.S. representatives on the North American Commission on Environmental Cooperation’s Ten Year Review Advisory Committee. From July 1995 to February 2003, she was the Assistant U.S. Trade Representative for Environment and Natural Resources at the Office of the United States Trade Representative (USTR) within the Executive Office of the President. Prior to that appointment, she served as the Deputy Assistant U.S. Trade Representative for Environment and Natural Resources and as a director in USTR’s Office of North American Affairs and Office of Intellectual Property and Environment. Before joining USTR in 1993, Ms. Haverkamp was the Special Assistant to the Assistant Administrator for Enforcement of the Environmental Protection Agency; an attorney with the U.S. Department of Justice’s Environment and Natural Resources Division (receiving the Attorney General’s John Marshall award for her work on the 1990 amendments to the Clean Air Act); an Associate with the Conservation Foundation, an environmental think tank now merged with the World Wildlife Fund; and a law clerk to the Honorable Betty B. Fletcher, U.S. Court of Appeals for the Ninth Circuit.

Ms. Haverkamp earned her J.D. at Yale Law School, an M.A. in Politics and Philosophy from Oxford University (as a Rhodes Scholar), and a B.A. in Biology from the College of Wooster, on whose board of trustees she now serves.

 

Frederick M. Abbott
Edward Ball Eminent Scholar, Florida State University College of Law

Frederick M. AbbottFrederick Abbott is Edward Ball Eminent Scholar Professor of International Law at the Florida State University College of Law. He is Rapporteur for the Committee on International Trade Law of the International Law Association, consultant to the UNCTAD/ICTSD Project on Intellectual Property and Sustainable Development, to the World Health Organization and the World Bank. He is on the Panel of Experts of UNCTAD’s Program on the Settlement of Disputes in International Trade, Investment and Intellectual Property. Professor Abbott serves as panelist for the World Intellectual Property Organization Arbitration and Mediation Center. He is on the editorial board of the Journal of International Economic Law (Oxford). He is former Chair of the American Society of Law Intellectual Property Interest Group and the International Law Section of the American Association of Law Schools, and former Director of the American Society of International Law Research Project on Human Rights and International Trade. He is Chair of the Intellectual Property Advisory Committee of the Foundation for Innovative New Diagnostics. Professor Abbott is the author of numerous books and articles in the fields of international economic law, international intellectual property rights law, and public international law. His books include Global Pharmaceutical Policy (with Graham Dukes) (2009), International Intellectual Property in an Integrated World Economy (with Thomas Cottier and Francis Gurry) (2007), UNCTAD-ICTSD Resource Book on TRIPS and Development (Principal Consultant with Carlos Correa)(2005), The International Intellectual Property System: Commentary and Materials (with Thomas Cottier and Francis Gurry) (1999), China in the World Trading System: Defining the Principles of Engagement (1998), Public Policy and Global Technological Integration (1997), and Law and Policy of Regional Integration (1995). His book on treaty-making, Parliamentary Participation in the Making and Operation of Treaties, edited with Stefan Riesenfeld, was awarded the American Society of International Law Certificate of Merit. Prior to 1989 Professor Abbott was a partner at Pillsbury, Madison & Sutro (now Pillsbury Winthrop Shaw Pittman). He has served as Visiting Professor at University of California at Berkeley (Boalt Hall) School of Law, as Jean Monnet Professor at the University of Bonn, Visiting Professor and Weickert Fellow at the University of Berne, Visiting Professor at University of California, Hastings College of the Law and at Vanderbilt Law School, and was Professor at Chicago-Kent College of Law. Professor Abbott regularly teaches on the faculties of the World Trade Institute in Berne and the Central European University in Budapest. Professor Abbott holds BA and LLM degrees from UC Berkeley, and a JD from Yale Law School.

 

Sarah Tierney Niyogi
Associate, Morrison & Foerster

Sarah Tierney NiyogiSarah Tierney Niyogi is an associate in the San Francisco office of Morrison & Foerster LLP and a member of the firm’s Cleantech group. Her practice focuses on transactions and counseling involving intellectual property and commercial matters for information technology, biotechnology and cleantech companies. She received a B.S. in computer science from the University of Texas at Austin, a M.Phil. in Development Studies from the University of Cambridge, where she was a Gates Scholar, and a J.D. from Stanford Law School, where she was a Student Fellow at the Center for Internet and Society. Beginning in Spring 2010, she will clerk for Hon. Mariana Pfaelzer of the Central District of California.

 

 

 

Jeanine Ray-Yarletts
RTP Site IP Counsel, AIM Division IP Counsel, IBM Corporation

eanine Ray-YarlettsJeanine Ray-Yarletts is IP Counsel responsible for supporting the development of middleware for IBM worldwide and the development teams for all software residing in the southeastern United States. Prior to becoming AIM Division IP Counsel, she served as Personal Computing Division IP Counsel for IBM, Corporate Licensing attorney, and Software Group IP attorney responsible for all aspects of patent procurement, enforcement, mergers and acquisitions, divestitures, trademark, copyright and trade secret protection, and contract negotiations. Prior to her legal career, she spent ten years in telecommunications development leading groups involved in all aspects of producing communications software products for IBM systems, ranging from personal computers through midrange systems and mainframes.

Ms. Ray-Yarletts received her JD from North Carolina Central University, her MBA from The University of Miami, and her BS in Computer Science from Penn State University.

 

Jerome H. Reichman
Bunyan S. Womble Professor of Law, Duke University School of Law

Jerome H. ReichmanProfessor Jerome H. Reichman is the Bunyan S. Womble Professor of Law at Duke. He has been at Duke since 2000, and previously taught at Vanderbilt University Law School and The Ohio State University College of Law. He is the author of six books and more than fifty published articles on a wide range of intellectual property topics. Professor Reichman has a particular interest in comparative and international intellectual property law and the connections between intellectual property and international trade law. A recent focus has been the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and its impact on developing nations.

Professor Reichman is a consultant to numerous intergovernmental and nongovernmental organizations and serves as special advisor to the United States National Academies and the International Council for Science (ICSU) on the subject of legal protection for databases.

Professor Reichman holds a J.D. from Yale University School of Law and a B.A. from the University of Chicago.

 

Anthony J. Biller
Member, Coats & Bennett, P.L.L.C.

Anthony J. BillerAnthony J. Biller is a member at Coats + Bennett. He leads the firm's litigation practice, representing clients in patent, trademark copyright, trade secret lawsuits and related disputes. Mr. Biller also spends a significant amount of his practice advising and assisting clients with managing their intellectual property assets. He served as a United States District Court judicial clerk for the Honorable William L. Osteen, Sr., in the Middle District of North Carolina, and served four years as an officer in the United States Army where, as a Jumpmaster and Ranger, he led soldiers in the 82nd Airborne Division. Mr. Biller represents clients in litigation filed throughout the United States. He currently chairs the ABA's IPL committee on Trademark Litigation, and is the immediate past chair of the committee on Trademarks and the Internet, and was named to the North Carolina Business “Legal Elite” for Intellectual Property in 2008 and 2009.

 

M. Scott Donahey
Arbitrator and Mediator

M. Scott DonaheyM. Scott Donahey is an independent arbitrator and mediator with an office in Palo Alto California. He is an arbitrator and mediator on the IP, Science and Technology Panel of the American Arbitration Association and on the Technology Panel of the CPR Panel of Distinguished Neutrals. Mr. Donahey is also a member of the Panel of Arbitrators and Mediators of the World Intellectual Property Organization Arbitration and Mediation Center, where he acts as an instructor for the WIPO Arbitration Workshop and for the WIPO Advanced Workshop on Domain Name Dispute Resolution. He is the author of numerous publications on the subject of the use of ADR to resolve intellectual property disputes.

He has acted as arbitrator in arbitrations involving a genomic database joint development contract, a coronary stent patent, a software distribution agreement in China, a patent for a balloon catheter, a patent concerning the use of single molecule Raman spectroscopy for Direct DNA sequencing and of patents concerning the use of a “nanolens” to directly identify each individual sub-unit in a single strand of DNA as the sub-unit is encountered, a dispute involving a total knee replacement medical device, a research and development agreement for investment in the development of medical devices, and Japanese patents on pharmaceutical products, among others. Mr. Donahey has acted as counsel in arbitrations involving a license for a monoclonal antibody assay patent, a contact lens chemical composition patent, and an automated sera analyzer.

Mr. Donahey has acted as a panelist in more than 350 domain name cases conducted under the UDRP, and frequently acts as a mediator and arbitrator in patent disputes. He has been appointed as special master to supervise a clean room operation for the development of copyrighted software. In 1999, Mr. Donahey received the President's Award from the National Patent Board for Outstanding Service in the field of ADR. He was voted by his peers a Northern California SuperLawyer in 2004, 2005, 2006, 2007, 2008, and 2009 in the field of alternative dispute resolution. Mr. Donahey is a mediator for the Northern District of California and for the First Appellate District of the State of California. He also serves as Adjunct Professor at the Santa Clara University School of Law, and the Golden Gate University School of Law, where he teaches courses in Law & Technology, and in International Dispute Resolution. Mr. Donahey has a J.D. from Santa Clara University, summa cum laude, an M.A. from the Johns Hopkins University, and a B.A. from Stanford University, with distinction.

Additional information is available at www.scottdonahey.com.

 

Christine Haight Farley
Professor of Law and Associate Dean for Faculty and Academic Affairs, American University Washington College of Law

Christine Haight FarleyChristine Farley joined the faculty at American University Washington College of Law in 1999 and was appointed Associate Dean for Academic Affairs in 2007. Professor Farley teaches courses in Intellectual Property Law, U.S. Trademark Law, International and Comparative Trademark Law, and Law and the Visual Arts. In addition, she has served as Co-Director of the Program on Information Justice and Intellectual Property.

Before joining the faculty at American, Professor Farley was an associate specializing in intellectual property litigation with Rabinowitz, Boudin, Standard, Krinsky & Lieberman in New York. Her scholarly work is in the areas of intellectual property, international law, and art law. Her current projects study the intersection of art and IP and the unstable basis of rights in the development of trademark law.

 

Michael J. Songer,
Partner, Crowell & Moring
Adjunct Professor, Georgetown Law

Michael J. SongerMichael J. Songer is a partner at Crowell & Moring, where he specializes in Intellectual Property and Internet litigation and counseling. He is also an Adjunct Professor at Georgetown Law School where he teaches the Law of Cyberspace.

Mr. Songer has experience with a wide variety of intellectual property issues. He regularly represents companies such as AT&T, Sprint, United Technologies, DuPont, and Canon in patent and copyright trials. His cyberspace practice focuses on counseling clients with new media issues. Past actions include representing Bertelsmann’s CEO in the Napster dispute, preparing briefs for the Canadian Software Association in the Grokster case before the Supreme Court, counseling bloggers faced with defamation threats from the New York Times, enforcing forum selection clauses based on website notices, and resolving cybersquatting disputes for many Fortune 100 companies.

Mr. Songer is a 1990 graduate from Duke Law School and a 1987 graduate from the University of Notre Dame.