Inaugural Conference of the
Tusher Center for Management of Intellectual Capital

Intellectual Property Issues in a Global Context: Management & Policy Concerns

 

14 July 2015 :: University of California, Berkeley

 

NEW: Text of Opening remarks and Session Videos are now available:

Introduction and Opening: David Teece [opening remarks as a PDF] [video]
Keynote: David Kappos [video] [pdf]
Roundtable discussion on global patent damages [video]
Luncheon Address: Dr. Henry Chesbrough (Berkeley-Haas) on “Open Innovation” [video]
Keynote: Shira Perlmutter [video]
Roundtable discussion on global copyright and trade secret issues [video]

The new Tusher Center for Management of Intellectual Capital at University of California, Berkeley launched with an inaugural one-day conference titled, “Intellectual Property Issues in a Global Context: Management & Policy Concerns”.

The invitation-only conference was held at the Faculty Club on the Berkeley campus on July 14th and was accompanied by California’s best food, wine, and weather. Keynote speakers included David Kappos, former Director of the United States Patent and Trademark Office (USPTO) from 2009 to 2013 and Shira Perlmutter, Chief Policy Officer and Director for International Affairs at the USPTO. The conference featured a mix of government, academic, and management speakers.

The purpose of the conference is to highlight, from a management and policy perspective, emerging intellectual property issues where a domestic focus may obscure international ramifications. Our goal is to help shape policy in the US and abroad in a manner which assists, maintains, and enhances innovation and creative activity by protecting and enhancing a reward structure that draws forth the investment necessary to support innovation and other creative activity.


UC Berkeley
Berkeley-Haas
IBI

More About the Conference

The morning was focused primarily around patent issues and in the afternoon primarily around copyright issues. The patent issues discussed included the criterion for determining FRAND rates for standards essential patents in a global context. We also discussed how to develop sensible criteria for selecting a royalty base for the purposes of calculating patent damages and juxtapose (a) case law and (b) economic thinking and business practice around the entire market value “rule” and the “smallest saleable unit” issue. We also considered the special considerations which arise when patents support two-sided markets and business ecosystems.

Antitrust issues were also examined, particularly in the context of mass infringement and the limited availability of injunctions. With respect to the afternoon session on copyright, we asked whether the rules need to be changed for the digital age. Some observers believe that freer access to creative content is desirable to enable new entrants and creative talent to utilize copyrighted material in new combinations. We had speakers and panelist discuss what if any change is needed, particularly as it relates to movies and video. We also discussed issues surrounding how to enforce rights on a global basis where politics and economics may be in collision.

The last element in the program is an open discussion about emerging issues. We invited speakers and participants to help shape the research agenda of the Tusher Center. The Center is a new initiative at the Haas School of Business and we are eager to take on board suggestions for research topics and outreach activities. This event provided a unique opportunity for speakers and participants to shape the future of the center.

The conference is sponsored through a generous gift from Tom Tusher, former CEO of Levi Strauss & Co.

The conference is for invited guests only. For more information please contact Elizabeth Lennon at 510-285-3275 or ELennon@thinkbrg.com


Recommended Reading
  1. Bloomberg Business Note on the smartphone “cold war” seen in Asia, indicating how antitrust is being used abroad to undermine the patent positions of US and other inventors.  This shows, at least in my mind, the negative consequences of running a patent debate without paying attention to the international dimensions.  This is the key theme of our conference, and a motivation for setting up the Tusher Center.

    http://www.bloomberg.com/news/articles/2015-05-25/smartphone-cold-war-seen-in-asian-moves-on-patent-licensing

  2. Copyright Policy, Creativity, and Innovation in the Digital Economy – The Department of Commerce Internet Policy Task Force. This white paper reviews whether the current balance of rights, exceptions and responsibilities crafted in the past is likely to continue to work well in the future for creators, rights, holders, service providers and consumers.

    Click here for PDF (122 pp.)


Program

Intellectual Property Issues in a Global Context: Management & Policy Concerns
July 14, The Faculty Club, UC Berkeley

Morning

8:30-9:00    Coffee, Fruit and Pastries

9:00-9:10    Greeting: Dean Rich Lyons

9:10-9:30    Introduction and Opening: David Teece [opening remarks as a PDF] [video]

9:30-10:15  Keynote: David Kappos [video] [pdf]

10:15-10:45 Break

10:45-12:45 Roundtable discussion on global patent damages [video]

Panelists: Ed Egan, Richard Gilbert, Ross Levine, Adam Mossoff, Mark Schankerman,
and Gregory Sidak
10 minutes each, plus discussion

12:45-2:00   Lunch at the Faculty Club

Luncheon Address: Dr. Henry Chesbrough (Berkeley-Haas) on “Open Innovation” [video]

Afternoon

2:00-2:45  Keynote: Shira Perlmutter [video]

2:45-4:15  Roundtable discussion on global copyright and trade secret issues [video]

Panelists: Jonathan Band, Dean Marks, Peter Menell, Walter Park, Ken Serwin
10 minutes each, plus discussion

4:15-5:00  Open discussion on agenda for the Tusher Center: David Teece

5:00-7:00  Wine pouring and California hors d’oeuvres     Wine Sponsor: Mt. Beautiful


Keynote Speaker Biographies

Please click here for a complete list of speakers and panelists

David KapposDavid Kappos
Partner, Cravath, Swaine & Moore LLP
Former Under Secretary of Commerce/Director of the United States Patent and Trademark Office

David J. Kappos is a partner at Cravath, Swaine & Moore LLP. He is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation‑based assets. From August 2009 to January 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO). In that role, he advised the President, Secretary of Commerce and the Administration on intellectual property policy matters. As Director of the USPTO, he led the Agency in dramatically reengineering its entire management and operational systems as well as its engagement with the global innovation community. He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy‑Smith America Invents Act, signed into law by the President in September 2011.

Mr. Kappos has been recognized with the 2013 Board of Director’s Excellence Award from the American Intellectual Property Law Association (AIPLA), the 2013 Champion of Intellectual Property Award from the District of Columbia Bar Association and the 2013 North America Government Leadership Award from Semiconductor Equipment and Materials International (SEMI). He was named one of the 50 Most Influential People in Intellectual Property by Managing IP, one of the 100 Most Influential Lawyers in America by The National Law Journal and Intellectual Property Professional of the Year by the Intellectual Property Owners Association.

Shira PerlmutterShira Perlmutter
Chief Policy Officer and Director for International Affairs, US Patent and Trademark Office

Shira Perlmutter is the Chief Policy Officer and Director for International Affairs at the USPTO. In that position, Ms. Perlmutter serves as a policy advisor to the Under Secretary of Commerce for Intellectual Property and oversees administration and support for all domestic and international IP policy-related operations; congressional and legislative engagement, as carried out by the Office of Governmental Affairs; education and training, as carried out under the Global Intellectual Property Academy (GIPA); global IP leadership through administration of the IP Attaché Program; and economic analysis, as carried out by the Chief Economist.

Before joining the USPTO, Ms. Perlmutter was Executive Vice President for Global Legal Policy at the International Federation of the Phonographic Industry (IFPI). Prior to that, she held the position of Vice President and Associate General Counsel for Intellectual Property Policy at Time Warner. Ms. Perlmutter previously worked at the World Intellectual Property Organization (WIPO) in Geneva as a consultant on the copyright issues involved in electronic commerce. In 1995, she was appointed as the first Associate Register for Policy and International Affairs at the U.S. Copyright Office. She was the copyright consultant to the Clinton Administration’s Advisory Council on the National Information Infrastructure in 1994-95.

Ms. Perlmutter is a Research Fellow at the Oxford Intellectual Property Research Centre at Oxford University. From 1990-95, she was a law professor at The Catholic University of America, teaching Copyright Law, Trademarks and Unfair Competition, and International Intellectual Property Law. Previously, she practiced law in New York City, specializing in copyright and trademark counseling and litigation. She is a co-author of a leading casebook on International Intellectual Property Law and Policy, and has published numerous articles on copyright issues. Ms. Perlmutter received her A.B. from Harvard University and her J.D. from the University of Pennsylvania.


List of Speakers and Panelists

Jonathan Band, Legislative and Appellate Advocate
Henry Chesbrough, Adjunct Professor, UC Berkeley, Haas School of Business
Edward J. Egan, Assistant Professor, Imperial College
Damien Geradin, Professor of Law, George Mason University School of Law
Richard Gilbert, Professor of Economics and Professor of the Graduate School, UC Berkeley
David Kappos, Partner, Cravath, Swaine, & Moore, LLP; Former Under Secretary of Commerce/Director of the US Patent and Trademark Office
Ross Levine, Willis H. Booth Chair, Haas School of Business, UC Berkeley
Rich Lyons, Bank of America Dean, Haas School of Business, UC Berkeley
Dean Marks, EVP, Deputy GC and Chief of Global Content Protection, Motion Picture Association of America
Peter Menell, Professor, University of California, Berkeley School of Law
Adam Mossoff, Professor of Law, George Mason University School of Law
Walter Park, Professor, American University
Shira Perlmutter, Chief Policy Officer and Director for International Affairs at the US Patent and Trademark Office
Mark Schankerman, Professor, London School of Economics
Ken Serwin, Managing Director, Berkeley Research Group
Gregory Sidak, Founder and Chairman of Criterion Economics, L.L.C
David J. Teece, Prof. & Director of the Tusher Center, UC Berkeley, Haas School of Business

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