Administrative-Private Law Interface in IP – Cambridge, MA

The Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law host Administrative-Private Law Interface in IP March 29, 2018.

Intellectual property law is historically part of American private law. IP rights are generally understood to constitute property rights; infringement is tortious conduct; and licenses are governed by principles of contract law. However, in the twenty-first century IP law is increasingly created and influenced by administrative agencies. The Patent Trial and Appeal Board institutes about one thousand inter partes review proceedings each year; Copyright Office regulations are provided Chevron deference; and IP licensing arrangements are subject to close antitrust scrutiny. This conference will bring together scholars, policymakers, and practitioners to ask: What is the proper role for the administrative state in IP law? Panels will examine the following

  • Do Administrative Law and Private Law Mix in IP?

  • Oil States Energy Services, LLC v. Green’s Energy Group, LLC

  • Preclusion and Deference

  • The Antitrust-IP Intersection

About the author

Reference Librarian, Moritz College of Law, The Ohio State University