The Catholic University of America


Law School Hosts Third Intellectual Property Roundtable

Three professors who specialize in intellectual property law had the opportunity to introduce their papers-in-progress before a panel of peers on Nov. 18 at an intellectual property roundtable hosted by The Catholic University of America’s Columbus School of Law. 

Now in its third year, the roundtable permits colleagues in the legal academy to bounce ideas, theories, and propositions off of one another, and receive valuable feedback on the direction of their scholarship before it reaches the publication stage.
Tonya Evans, assistant professor of law at Widener University School of Law, discussed her work, “Sampling Patent to Remix Copyright,” with commentary provided by Rebecca Tushnet, a law professor at Georgetown University.
An abstract of Evans’ paper read in part:
“The paper will critique existing copyright jurisprudence to address perceived failures of copyright law and its policies to achieve an “optimal balance” of rights in owners with legal authority to use under certain circumstances by second-generation creators.”
Professor Tun-Jen Chiang, George Mason University School of Law, offered his work, “The Reciprocity of Search,” for discussion, with commentary by Lawrence Sung, director of the Intellectual Property Law Program, University of Maryland School of Law.
Chiang’s summary of his work reads in part:

“When discussing search in patent law, everyone considers the problem in terms of producers looking for patentees. But search is reciprocal. In designing a patent system, we can have producers look for patentees, or patentees look for producers. Either will result in the ex-ante negotiation that is the goal of a property system.”
Finally, “Poisoned Flowers (Finding Superman in Cyberspace),” by Professor Thomas C. Folsom, Regent University School of Law, was met with commentary by Jonas Anderson, assistant professor, American University, Washington College of Law.
The paper argued:  

“In an objective cyberspace which relies upon a virtual map featuring dynamically coded focal points functioning as markers, addresses, magnets, roadblocks or detours, I propose that conduct which (a) alters the virtual map, (b) plants deceptive focal points, (c) ambushes a user of focal points with uninvited or false invitations, or (d) expropriates, blocks or spoils focal points otherwise available, should be an actionable focal point offense.

Catholic University law school professors Elizabeth Winston and Megan La Belle organized the 2011 roundtable.