CASRIP IP LL.M. Anniversaries

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CENTER for ADVANCED STUDY and RESEARCH on INTELLECTUAL PROPERTY (CASRIP) INTELLECTUAL PROPERTY LAW and POLICY LL.M. 1992 – 2012 2002 – 2012 20TH ANNIVERSARY 10TH ANNIVERSARY LEADERS FOR THE GLOBAL COMMON GOOD

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Center for Advanced Study and Research on Intellectual Property (CASRIP) celebrates its 20th anniversary (1992 – 2012) and the Intellectual Property Law and Policy LL.M. celebrates its 10th (2002 – 2012)

Transcript of CASRIP IP LL.M. Anniversaries

Page 1: CASRIP IP LL.M. Anniversaries

Center for AdvAnCed Study and reSeArCh

on IntelleCtuAl ProPerty (CASrIP) IntelleCtuAl ProPerty lAw and PolICy ll.M.

1992 – 2012 2002 – 201220th AnniversAry 10th AnniversAry

Leaders for the GLobaL Common Good

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“it is estimated that there are more than 100 alumni in China

who have studied at the UW school of Law and CAsriP.

this team is an important force in the iP circle in China.”

Mingde Li, China

Director, intellectual Property Center at the China Academy of social sciences

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2 OvervieW

4 CAsriP e ArLy ye Ars

8 CAsriP ChALLenGinG tiMes

10 B irth Of An iP L AW AnD POLiCy LL .M.

14 fACULt y AnD stAff

15 sPOnsOrs

Center for ADvAnCeD stUDy and reseArCh

on inteLLeCtUAL PrOPerty (CAsriP) 1992 – 2012

inteLLeCtUAL PrOPerty

LAW and POLiCy LL.M. 2002 – 2012

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2

1787United States adopts Constitution with patent and copyright clause

1802United States Patent and Trademark Office (USPTO) established as a distinct governmental bureau

1790First U.S. Copyright and Patent Acts

1861

University of Washington established

In 1969, Teruo Doi, a visiting Japanese professor, taught the first ever Intellectual

Property (IP) law course at UW Law. Decades later, his contribution within

the Asian and Comparative Law Program would evolve into a comprehensive,

internationally recognized IP research institute and educational program.

Overview

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The Center for Advanced Study and Research on Intellectual Property (CASRIP)

was developed in the 1980s, under the direction of Professor Donald Chisum, the

first full-time IP law faculty member at UW Law and a leading patent scholar. The

non-profit association started out with a research focus on international patent law

harmonization. In 1992, Chisum’s program joined forces with UW Law, and CASRIP

became part of the University of Washington. From then on, CASRIP offered an

intensive summer course in U.S. patent law, from procurement to enforcement, to

international students, and hosted a High Technology Protection Summit.

A change of leadership in 1996 brought Professor Toshiko Takenaka to CASRIP’s

helm. Not only did Takenaka sustain CASRIP’s success, she dramatically expanded

the school’s IP offerings. She recruited Professor Bob Gomulkiewicz to develop

the Graduate Program in Intellectual Property Law and Policy (IP LL.M.) at UW Law

in 2002. Under Gomulkiewicz’s leadership the IP LL.M. program soon became one

of the finest advanced intellectual property law programs in the United States.

Drawn to both of these programs, many bright minds have gathered at UW Law

to study intellectual property law and influence the development of this crucial

global field through their work in government, NGOs, industry and law firms.

In 2009, CASRIP and the IP LL.M. program merged to become part of the

Law, Technology & Arts Group (LTA), a hub of teaching and scholarship at the

intersection of law, technology and the arts. The group’s goal is to promote

the discussion of intellectual property law in a global context and serve as a

foundation for educating leaders for the global common good.

As we salute the founders, faculty, alumni and students of CASRIP for their 20

years and the IP LL.M. program for their 10 years of innovation and progress,

we look forward to LTA’s bright future at UW Law.

dean Kellye y. testy

James W. Mifflin University Professor

1883 Paris Convention for the Protection of industrial Property

1886

Berne Convention for the Protection of Literary and Artistic Works

1909

significant overhaul to Copyright Act

1899 University of Washington school of Law opens as a Department of Law in downtown seattle

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CASRIP Early Years

1946

the trademark Act (the Lanham Act) passes

1952

Major revision to the Patent Act

1962

UW Law establishes Asian Law Program

Professor Donald Chisum was a leading U.S. patent scholar when

he established CASRIP in the 1980s. Chisum had written one of the

early treatises on patent law, Chisum on Patents.

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1969

first year iP Law is taught at UW

Professor Donald s.Chisum becomes a Professor of Law at the University of Washington

That treatise is now widely acknowledged as the leading patent law treatise

and has been cited by courts in numerous patent cases including U.S.

Supreme Court cases. When he established CASRIP, he envisioned a research

and policy development institute that would focus on problems in high

technology patents and other intellectual property ownership rights.

The Center’s first incarnation was as a non-profit association. Chisum

wanted CASRIP to qualify for Non-Governmental Organization (NGO) status

so he and his associates could attend meetings held at the World Intellectual

Property Organization (WIPO)—a specialized UN agency—in Geneva.

He looked to his then research assistant and protégé, Al Tramposch ’86,

for help with CASRIP’s functions.

“Substantive patent harmonization was the origin and raison d’etre of

CASRIP in its early days,” Tramposch recalled. “Don invited me to sign on

in a volunteer capacity as deputy director. I was delighted to do so.”

“Under the umbrella of CASRIP, Don and I began attending the meetings

in Geneva that drafted a major treaty on Substantive Patent Harmonization

(the “PLT” or Patent Law Treaty),” Tramposch said. The WIPO’s committee

1973

the Convention on the Grant of european Patents adopted

european Patent Office established

“CasrIP professors gave me deep insight

into IP laws and legal theories.”

Jong Kyun Woo, ’02, Korea

trademark attorney at Kim and Chang Law firm

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of experts discussed issues of the “first-to-file” system and the 12-month grace

period—both remain hot topics in today’s IP law. Chisum and Tramposch even

stood as CASRIP representatives at the 1991 Diplomatic Conference of WIPO

Member States in The Hague, Netherlands.

Though Tramposch’s direct involvement in the center ended by 1992, his

immersion in IP law continued to reach new heights. He worked at WIPO itself

for eight years, advancing from Director of Industrial Property Law to representing

the Presidency of the European Union as a joint-citizen of Slovenia and then

leading the EU negotiating team in talks on patents and access to essential

medicines at the World Health Organization. Today, Tramposch serves as the

Deputy Executive Director for International and Regulatory Affairs at the

American Intellectual Property Law Association.

In 1992, Chisum transformed CASRIP into a permanent part of the UW School of

Law. With access to the resources of UW’s nationally recognized research facilities,

he was able to expand the center’s research and educational activities.

Chisum did so with the help of a valuable newcomer—Toshiko Takenaka.

After receiving her bachelor of law degree from Japan’s Seikei University in 1981,

Takenaka began working at Texas Instruments Japan Ltd. as a patent prosecution

specialist. She soon understood that knowledge of Japanese patent law alone

was not enough to satisfy the needs of the international company. She wanted to

become a U.S. attorney, well-versed in the peculiarities and differences of U.S.

patent law. One of Takenaka’s Seikei University professors recommended she

study under Chisum, a master of the subject. She heeded the advice and applied

to UW Law in 1989.

Once accepted, Takenaka moved her life and study to Seattle. She conducted her

LL.M. research under Chisum’s supervision, getting to know CASRIP in the process.

In 1990, she received her LL.M. in Comparative Law. Her Ph.D. in Comparative Law

followed, two years later. With a world of possibility before her, Takenaka chose to

stay at UW Law and help Chisum lead the newly-joined UW and CASRIP partnership.

“I wanted to have experience teaching IP law at a U.S. law school and running a

research center,” Takenaka explained.

1979

Uniform Law Commission publishes the Uniform trade secrets Act (U.t.s.A.)

1978

Chisum on Patents first published

1976

Major revision to the Copyright Act

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Under their guardianship, CASRIP established the Summer Institute. Originally the

core curriculum was offered as a three-week long program that immersed students

from America, Germany, Japan, Korea and other Asian countries in comparative

patent law. Participants connected with leaders in U.S. IP law and built lasting

professional relationships with each other. Now the program is a combination of

a one-week core and one-week advanced curriculum with a pre-Institute covering

non-patent topics, and it continues to thrive.

But in 1996, Takenaka’s mentor and the Center’s founder left UW for a job at

Santa Clara University. Without Chisum, CASRIP’s fate hung in uncertainty.

1980s

establishment of CAsriP

1980

the Bayh-Dole Act enacted

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“the high-technology summit offered by CasrIP each summer

gathers international practitioners, scholars and judges to lead

quality discussions on key IP topics. I appreciate that CasrIP

brings the world to our door step.”

Joy Xiang, ’03, China

IP attorney and part-time lecturer at University of Washington school of Law

DeAn KeLLye testy, CAsriP GrADUAte tAtrA MAry MUsheshe, AnD PrOfessOr tOshiKO tAKenAKA

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Challenging Times

1989

Madrid Protocol relating to the Madrid Agreement Concerning the international registration of Marks signed

1990

President George h. W. Bush appoints randall r. rader to the United states Court of Appeals for the federal Circuit

Takenaka questioned her ability to run the Center on her own,

but was determined to continue Chisum’s vision.

1982

the United states Court of Appeals for the federal Circuit established

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“I thought that people came to study at CASRIP only because of Professor

Chisum,” she said. “Fortunately, Professor Martin Adelman at George Washington

Law and Judge Randall Rader came to rescue me by offering to teach.”

Together, the three took over the CASRIP Summer Institute’s patent law and

advanced intellectual property courses. Local attorneys, such as David Carlson

and Paul Meikeljohn, recruited by Chisum, remained to teach at the Summer

Institute. They continue their involvement in the program today, volunteering

their time at CASRIP conferences. Takenaka invited speakers from USPTO, other

law schools and fellow attorneys to teach courses during the Summer Institute’s

advanced, second week.

The center continued to function with regular support from the Seed IP Law

Group, Christensen O’Connor Johnson Kindness, Finnegan Henderson and

Texas Instruments. Takenaka also worked to attract new students and sponsors

by publishing free newsletters and publications about CASRIP’s work. She invited

law leaders from all over the world, including Japan, China, India, Europe, and

Africa, to attend CASRIP’s educational programs. Thanks to her efforts the center

established a strong network of sponsors to fund its programs and to offer

scholarships to students and visiting scholars.

1992

CAsriP becomes a part of UW Law school

toshiko takenaka hired to run CAsriP as Assistant Director

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1994

CAsriP hosts its first international conference

first CAsriP summer institute offered

first issue of CAsriP newsletter published

nAftA signed

“ after teaching in both the classroom and the seminar part

of the CasrIP summer program, I can commend with full

enthusiasm the quality of the students. they are always well

informed and engaged with each topic. they ask intelligent

and probing questions and often teach the professor – namely,

me – as much as they learn.”

Randall R. Rader Chief Judge, U.s. Court of appeals for the federal Circuit

CAsriP hosts its first research fellows

Pacific Rim Law & Policy Journal starts publication

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Birth of an IP Law and Policy LL.M. Program

first volume of CAsriP Publication series published

CAsriP hosts annual conference of the international Association for the Advancement of teaching and research in intellectual Property (AtriP)

WtO officially commences and replaces GAtt

the trade-related Aspects of intellectual Property Agreement (triPs) comes into effect

the 20-year patent term established in United states Patent Law under WtO triPs agreement

Once CASRIP was on solid footing, Takenaka began playing

with the idea of an IP LL.M. Program.

1995

A panel of the Court of Appeals for the federal Circuit sits for oral arguments in two cases at the University of Washington school of Law

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After years of planning, the UW graduate school finally approved the

program and UW Law recruited former Microsoft Associate General

Counsel Bob Gomulkiewicz to direct the new program.

“We ran a very successful Summer Institute for 10 years and had enough

funds and expertise to run a year-long IP LL.M. Program,” Takenaka

explained. “I wanted the program to be the first program on the West Coast.

I believed in the potential of the program.”

Together, Takenaka and Associate Dean Patricia Kuszler created the program

to make it interdisciplinary and relevant to IP lawyers in industries common in

the Pacific Northwest, such as software and biotech. The makeover worked and

the program was accepted by the graduate school in the spring of 2002.

That autumn, Bob Gomulkiewicz joined the UW Law faculty to serve as the

IP LL.M. program’s first director. His prior employment was perfectly in sync

with the program’s new direction. As Associate General Counsel at Microsoft,

Gomulkiewicz had led the company’s legal team that advised Microsoft on

the development of major software products such as Windows and Office.

“I contact many of my classmates on a regular basis to exchange

information about IP, which has helped me quite a bit in building

my career. the network I established at the UW law school is now

absolutely essential for improving and developing my career.”

Kazuhiro Ando, ’07, Japan

senior fellow at Waseda University

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1996

Professor takenaka assumes CAsriP administration

the supreme Court affirms the federal Circuit en banc decision of Markman v. Westview instruments, inc. claim interpretation

He had also served as chair of the Uniform Computer Information Transactions

Act (UCITA) working group of the Business Software Alliance. Before Microsoft,

Gomulkiewicz represented developers and software users at the Preston, Gates &

Ellis (now K&L Gates) law firm, working on the famous Apple v. Microsoft case.

1997

honorable Paul Michel from U.s. Court of Appeals for the federal Circuit gives a talk as the first CAsriP lectureship speaker

CAsriP hosts its first Annual high tech summit Conference

the honorable Judge Paul Michel and the honorable Judge randall r. rader join CAsriP advisory committee

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Gomulkiewicz was no stranger to UW Law when he became director. He regularly

taught a class on legal protection for software at the school and sometimes guest

lectured for Takenaka’s IP courses. According to Gomulkiewicz, “Takenaka knew

about me from my software class and the law review articles on mass marketing

licensing that I had written during the UCITA drafting process. When UW Law was

considering whether to establish an IP LL.M. program, I had provided input to UW

Law that such a program would be an excellent addition.”

Gomulkiewicz’s experience helped the IP LL.M. program flourish after he arrived. He

created a blueprint for a high quality IP curriculum. He envisioned a course of study

that would present a balanced approach to practical and theoretical learning, with

deep immersion in both aspects of legal education. The IP LL.M. curriculum that

emerged from Gomulkiewicz’s plan used a core set of IP classes to build students’

knowledge. Students began their studies with an intensive “boot camp” class called

IP Law Core. The curriculum would culminate in courses that took students into

advanced topics and practical application, such as drafting license agreements

and patent applications—now numbering more than 25 courses. Gomulkiewicz

introduced Oxford-style tutorials so students could study specialized subjects in a

small group setting. Under the guidance of Associate Director Signe Naeve, students

also received externship opportunities with local IP creators and experienced the

actual practice of IP law.

To deliver the new curriculum, Gomulkiewicz recruited a cadre of new part time and

full time faculty, including Sean O’Connor who established the Entrepreneurial Law

Clinic. Many of the faculty have authored the textbooks used in class. “Our adjunct

professors are a ‘who’s who’ of the best IP lawyers in Seattle,” Gomulkiewicz said.

“Since Seattle is one of the top IP producing regions in the world, our IP LL.M.

students learn from some of the top IP lawyers in the world.”

1998

Digital Millennium Copyright Act (DMCA) signed into law

sonny Bono Copyright term extension Act passes

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1999

CAsriP hosts first out-of-town seminars in Asia: tokyo & Osaka

shidler Center for Law, Commerce & technology founded

America inventor Protection Act enacted

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Completing the UW IP LL.M. experience requires a major research paper—a unique

program requirement. This program requirement pushes students to be junior

scholars and many students have produced outstanding papers. Consequently,

more than 30 student research papers have been published in law journals.

Recently the Court of Appeals for the Federal Circuit has cited articles published

by IP LL.M. graduates Joy Xiang and Amy Zhe Peng.

The quality of the IP LL.M. program has attracted students from every continent.

It is now one of the largest IP specialty LL.M. programs in the U.S. Many arrive

as experienced IP practitioners, knowing the program can hone their skills.

The Japanese Patent Office regularly sends its top patent examiners, as does

the Kim & Chang law firm in Korea. American lawyers often use the program to

change their area of specialty to IP law, mid-career. As Gomulkiewicz likes to tell

students: “There’s no better time in history and no better place in the world to

study IP law than at UW Law.”

“I am very happy and proud of the service to the community provided through

CASRIP and IP LL.M.,” Takenaka said. “We have educated more than 500 IP

professionals. Many of them are playing a very important role in shaping the

worldwide IP system.”

“Learning cutting-edge knowledge from professors and legal

professionals gave me the knowledge that I use within my

current career. I benefited from discussing legal matters with

classmates from other countries because it gave me useful

insights from various perspectives.”

Kaoru Otawara, ’09, Japan

Pokémon Company International, Inc.

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2000

CAsriP establishes summer institute scholarships for national University of india, Bhopal

Professor toshiko takenaka promoted to Director of CAsriP

2001

CAsriP hosts first out-of-town seminars in europe: Munich & Paris

inaugural intellectual Property and technology Law LL.M. Program offered

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Jane WinnCharles I. stone Professor of Law

Robert GomulkiewiczUW Law foundation Professor

faculty director of the Law, technology & arts Group

Sean O’ConnorProfessor of Law

faculty director, Law, business & entrepreneurship Program

Anita RamasastryUW Law foundation Professor

Toshiko TakenakaWashington research foundation/W. hunter simpson Professor of technology Law

director CasrIP

LAW, teChnOLOGy & Arts fACULty and stAff

2002

the Graduate Program in intellectual Property Law & Policy (iP LL.M) established

Professor Gomulkiewicz joins the faculty of UW school of Law to direct the iP LL.M.

the United states joins the Madrid Protocol

2003

the school of Law and the Marian Gould Gallagher Law Library moved into the new William h. Gates hall

first year iP Core is taught at UW

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Slaven Svetinovicassistant

Law, technology & arts Group

Scott Davidexecutive director

Law, technology & arts Group

Zahr Saidassistant Professor of Law

Signe NaevePart-time lecturer

associate director Law, techology & arts Group

Kris Leeassistant director Law, technology & arts Group

Jennifer SniderProgram manager Law, technology & arts Group

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Center for ADvAnCeD stUDy and reseArCh on inteLLeCtUAL PrOPerty

CASRIP would like to thank its sponsors:

Platinum sponsors

dACheng lAw offICeS

fInnegAn henderSon

MICroSoft

roPeS & grAy

Gold sponsors

BOehMert & BOehMert

DOrsey & Whitney LLP

fenWiCK & West LLP

JAPAn inteLLeCtUAL

PrOPerty AssOCiAtiOn

KAnGxin inteLLeCtUAL

PrOPerty COUnseL

KiLPAtriCK tOWnsenD

KnOBBe MArtens

MAiWALD PAtentAnWALts

MerChAnt & GOULD

silver sponsors

ABe, iKUBO & KAtAyAMA

AiP PAtent & LAW firM

AKiMitsU hirAi

BArDehLe PAGenBerG

BOsCh JehLe

Christensen O’COnnOr JOhnsOn KinDness

fOLey & LArDner LLP

frAnzOsi DAL neGrO setti

frOMMer LAWrenCe & hAUG LLP

Mr. hOnG JiAnG

2004

the Washington Journal of Law, technology & Arts launched as the shidler Journal of Law, Commerce & technology - the first online journal at the law school

2005

signe naeve joins iP LL.M. and CAsriP

Jennifer snider joins iP LL.M.

2008

Kris Lee joins CAsriP

MOrrisOn fOerster

seeD iP

shiMizU PAtent OffiCe

sOnDerhOff & einseL

stOeL rives LLP

WhGC

WOODCOCK WAshBUrn LLP

yUAsA AnD hArA

KinG & WOOD MALLesOns

LexWeLL PArtners

MArGer JOhnsOn & MCCOLLOM

MiyAKezAKA sOGO LAW OffiCe

nAKAMUrA & PArtners

Oh-eBAshi LPC & PArtners

PerKins COie

tAni & ABe PAtent PC

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“the comparative law perspective I learned was of great help

in considering IP policy in Japan. I learned that there are many

ways of thinking and there isn’t always one answer.”

Matsuo Nonaka, ’03, Japan

director, International affairs of the It Planning office in the Japan Patent office

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“It is estimated that there are more than 100 alums in China,

who have studied at the UW school of Law and CasrIP.

this team is an important force in the IP circle in China.”

Mingde Li, China

director of the Intellectual Property Center at the China academy of social sciences

“As an iP LL.M. student in seattle you may have the opportunity

to get to know people from some of the most competitive and

successful companies in the world.”

Ivana Guida, ’05, Italy

senior european Legal Adviser at nintendo of europe Gmbh

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LEADERS FOR THE GLOBAL COMMON GOOD

William h. Gates hall, Box 353020, seattle, WA 98195-3020

www.law.washington.edu/LtA