casrip ip ll.m. anniversaries
DESCRIPTION
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
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
“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
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
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
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
3
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.
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
5
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
6
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
7
“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
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
“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
9
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
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
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
11
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
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
12
1999
CAsriP hosts first out-of-town seminars in Asia: tokyo & Osaka
shidler Center for Law, Commerce & technology founded
America inventor Protection Act enacted
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.
13
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
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
14
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
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
15
“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
“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
LEADERS FOR THE GLOBAL COMMON GOOD
William h. Gates hall, Box 353020, seattle, WA 98195-3020
www.law.washington.edu/LtA