Constructing International Intellectual Property Law: The Role of National Courts
Chicago-Kent College of Law, October 18-19, 2001
Professor Rochelle Cooper Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law. From 1996-2001, she served as Director of the Engelberg Center on Innovation Law and Policy at NYU. Professor Dreyfuss is the author of casebooks and numerous articles in both intellectual property law and civil procedure. Her groundbreaking article, Two Achievements of the Uruguay Round: Putting TRIPS and Dispute Settlement Together, 37 Va. J. Intl. L. 275 (1997) (with Andreas Lowenfeld), was one of the first scholarly efforts to address the implications of incorporating intellectual property within the state to state dispute settlement system of the World Trade Organization. Professor Dreyfuss’s recent intellectual property scholarship has focused on issues of private international law, including most recently An Alert to the Intellectual Property Bar: The Hague Judgments Convention, 2001 U. Ill. L. Rev. 421. In January 2001, she presented a paper on international intellectual property issues at the Forum on Private International Law and Intellectual Property organized by the World Intellectual Property Organization.
Professor Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School. Professor Ginsburg has taught French and U.S. intellectual property law at several leading French universities. She has published numerous articles both in the United States and abroad, and is the author of the leading casebooks on Copyright Law and on Trademarks and Unfair Competition Law. Professor Ginsburg has written extensively on the private international law of copyright and is one of the world’s leading authorities on the subject. Her Summer 1998 Hague Lectures on The Private International Law of Copyright in an Era of Technological Change, were published in 273 Recueil des Cours 239 (1999), and her analysis of the Private International Aspects of the Protection of Works and Objects of Related Rights Transmitted Through Digital Networks was published by WIPO in 1998 and again, in updated form, in 2001. Professor Ginsburg’s recent scholarship has focused on international and comparative copyright law and copyright protection for new technologies.
Professor Graeme B. Dinwoodie is Professor of Law and Freehling Scholar at Chicago-Kent College of Law. Professor Dinwoodie teaches and writes in international and comparative intellectual property law, and conflict of laws. He is the author of the recently published casebook International Intellectual Property Law and Policy (with Perlmutter and Hennessey), and several articles concerning international intellectual property law, including A New Copyright Order: Why National Courts Should Create Global Norms 149 U. Pa. L. Rev. 469 (2000). Professor Dinwoodie presented his study of the Private International Aspects of Trademark Law at the Forum on Private International Law and Intellectual Property organized by the World Intellectual Property Organization in Geneva in January 2001.
Professor Graeme W. Austin is a Professor of Law at the University of Arizona College of Law. Before joining the University of Arizona, Professor Austin taught for several years on the faculty of the University of Auckland, New Zealand. He teaches and writes in intellectual property law and conflict of laws and has published books and articles in several countries around the world. Professor Austin’s recent scholarship has addressed cross-border infringement of intellectual property rights and, in particular, conflicts issues involving copyright law in the digital environment. Professor Austin was a leading participant in the Forum on Private International Law and Intellectual Property organized by the World Intellectual Property Organization in Geneva in January 2001, where he presented A Common Law Overview of Private International Law and Intellectual Property Rights.
Professor Catherine Kessedjian is Professor of Law at the Université Panthéon-Assas Paris II. Professor Kessidjian teaches and writes about international business transactions, international litigation, and international commercial arbitration. She has recently authored books and articles on private international law and the internet and the unification of procedural law. From 1996-2000, Professor Kessidijian was Deputy Secretary General of the Hague Conference on Private International Law. At the Hague Conference, she had responsibility for preparing and monitoring the negotiation for the proposed Hague Convention on Jurisdiction and Judgments, and was also in charge of commercial matters, including electronic commerce.
Jeffrey D. Kovar is Assistant Legal Adviser for Private International Law at the U.S. Department of State and head of the U.S. delegation negotiating the proposed Hague Convention on Jurisdiction and Recognition of Judgments. With the State Department since 1986, Mr. Kovar directs U.S. activities at several international organizations for the negotiation and implementation of new and uniform international rules of private law. In addition to jurisdiction and the enforcement of foreign judgments, current projects include international arbitration and mediation, project finance, electronic commerce, transborder insolvency, commercial finance, transport law, international child abduction, and child support enforcement.
Shira Perlmutter is Vice-President and Associate General Counsel for Intellectual Property Policy at AOL Time Warner Inc. Ms. Perlmutter previously served as a Consultant to the World Intellectual Property Organization on Copyright and Electronic Commerce in Geneva, as a Professor of Law at Catholic University, and as Associate Register for Policy and International Affairs at the U.S. Copyright Office. Ms. Perlmutter has been closely involved in these various capacities in almost all recent international copyright developments. She was a leading member of the U.S. delegation to the diplomatic conferences at which the 1996 WIPO Internet treaties were negotiated, and has been a key figure in recent legislative debates in the United States concerning copyright law.
Professor François Dessemontet has been a Professor of Law at Lausanne University Law School since 1976, and served as Dean of the Lausanne Law Faculty from 1980-1982. He has also been a Permanent Invited Professor of Intellectual Property Law at Fribourg University Law School since 1977. He was a founder, and has since 1985 been President, of the Centre for Business Law of the University of Lausanne (CEDIDAC). Professor Dessemontet has published extensively in several fields, including intellectual property law, contracts, international private law, corporation law and arbitration. From 1999-2001, he served as Chairman of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). Professor Dessemontet has served on WTO dispute settlement panels adjudicating TRIPS disputes and WIPO administrative panels deciding domain names disputes.
Professor Jack Goldsmith is Professor of Law at the University of Chicago Law School. Professor Goldsmith writes in public and private international law as well as conflict of laws, civil procedure and foreign affairs law. He is the author of numerous articles and books on these topics. Professor Goldsmith has written extensively on private international law and the Internet. His article Against Cyberanarchy, 65 U. Chi. L. Rev. 1199 (1998), was an early defense of applying traditional private law techniques to disputes involving internet-related activities, and he has developed these themes in later articles such as Unilateral Regulation of the Internet: A Modest Defense, 11 Eur. J. Int’l L. 135 (2000), and The Internet, Conflicts of Regulation, and International Harmonization, in Governance in the Light of Differing Local Values (Engel and Keller eds. 2000).
Professor George Bermann is the Charles Keller Beekman Professor and Director of the European Legal Studies Center at Columbia University School of Law. He has also taught at leading universities in France, Switzerland and Germany. Professor Bermann is the author of the leading casebooks on Transnational Litigation and European Community Law, and he has published a vast array of books and articles in both the United States and Europe. He is a member of the Editorial Board of the American Journal of Comparative Law. Professor Bermann’s recent scholarship addresses the state of the comparative law discipline in both the United States and the European Community, as well as how principles of federalism in the United States and Europe affect national participation in international legal regimes.
Professor David J. Gerber is Distinguished Professor of Law and Director of the Program in International and Comparative Law at Chicago-Kent College of Law. Professor Gerber has taught and practiced in the United States and Germany, and has also taught in Sweden. He is a member of the International Academy of Comparative Law. Professor Gerber’s books and articles on comparative law, European Community law, and international competition law have been published in the United States and Europe, including his widely-acclaimed book Law and Competition in Twentieth Century Europe: Protecting Prometheus (Oxford Univ. Press 1998).
Professor Linda Silberman is Professor of Law at New York University School of Law. She teaches and writes in civil procedure, conflict of laws and international litigation. Professor Silberman has tackled several of these topics from a comparative perspective, and has written extensively on activities of the Hague Conference on Private International Law regarding the protection of children. Her Summer 1999 Hague Academy Lecture on Cooperative Efforts in Private International Law on Behalf of Children will be published in the Recueil des Cours of the Hague Academy, and her forthcoming publications also include a detailed analysis of the Hague judgments project and a casebook on civil procedure. Professor Silberman is currently serving as the co-reporter on the American Law Institute International Jurisdiction and Judgments Project.
Professor Michael Van Alstine is Professor of Law at the University of Cincinnati College of Law and Visiting Professor of Law at the University of Maryland School of Law. Professor Van Alstine practiced law in both Germany and the United States, and has published books and articles on international commercial law in both countries. He is a leading authority on international sales law, but has also written on international law generally. His article Dynamic Treaty Interpretation, 146 U. Pa. L. Rev. 687 (1998), offered a cutting-edge internationalist view of treaty interpretation by national courts. Professor Van Alstine’s current research addresses the transition costs involved in the change from one legal regime or rule to another.
Jonathan Franklin is Assistant Librarian for Library Services at the Gallagher Law Library, at the University of Washington School of Law. He is actively involved in the American Library Association and the American Association of Law Libraries (where he has served on the Copyright Committee). Mr. Franklin is a frequent speaker on many issues, including the use of international legal materials and the effect of licensing on the balance found in copyright law. He has published numerous articles in both library and legal publications regarding copyright law, including Privately Legislated Intellectual Property Rights: Reconciling Freedom of Contract with Public Good Uses of Information, 147 University of Pennsylvania Law Review 875 (1999) (with J.H. Reichman).