{"id":11560,"date":"2023-03-23T11:31:06","date_gmt":"2023-03-23T15:31:06","guid":{"rendered":"https:\/\/cip2.gmu.edu\/?p=11560"},"modified":"2026-02-03T20:05:37","modified_gmt":"2026-02-03T20:05:37","slug":"c-ip2-2023-spring-progress-report-december-2022-february-2023","status":"publish","type":"post","link":"https:\/\/blogs.uakron.edu\/ualawip\/2023\/03\/23\/c-ip2-2023-spring-progress-report-december-2022-february-2023\/","title":{"rendered":"[Archived Post] C-IP2 2023 Spring Progress Report (December 2022-February 2023)"},"content":{"rendered":"
\"\"Greetings from C-IP2<\/sup> Faculty Director Se\u00e1n O’Connor<\/span>
\n<\/strong><\/h5>\n

With this Spring 2023 Progress Report<\/strong>, we’re pleased to provide you with updates on what C-IP2<\/sup> and our friends and affiliates have been working on from December 2022 through February 2023<\/strong>, from academic roundtables and other events to publications and various engagements.<\/p>\n

Before the new year, C-IP2<\/sup> co-hosted an academic roundtable with the Sunwater Institute<\/a> on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation<\/em> and hosted another academic roundtable virtually on Intellectual Property and Biopharmaceutical Policy<\/em>. 2023 then started off with a webinar<\/a> on Challenges & Opportunities with Intellectual Property & Technology Innovation in Muslim-Majority Countries<\/em>, co-organized with C-IP2<\/sup> Scholar Tabrez Ebrahim<\/strong>, and the final meeting of our 2022-2023 Thomas Edison Innovation Law and Policy Fellowship<\/a>.<\/p>\n

Of particular note, I am delighted to welcome Professor Kristen Osenga<\/strong> as our new Senior Fellow for Innovation Policy. Professor Osenga has been with C-IP2<\/sup> and its predecessor organization since its earliest days, and most recently as a Senior Scholar. As Senior Fellow she will guide our projects in the high technology space.<\/p>\n

Please also check out C-IP2<\/sup>‘s website<\/a> and keep an eye on our email communications for information on upcoming events, such as our virtual conference<\/a> on Culture & IP: <\/em>Analogs to Intellectual Property in Different Cultures<\/em> on April 27-28 and the annual WIPO-U.S. Summer School on Intellectual Property<\/a>, which C-IP2<\/sup> will host online from June 5-16.<\/p>\n

\n
C-IP2<\/sup> Hosted & Co-Hosted Events<\/strong><\/span><\/h5>\n

Roundtable<\/strong>
\nC-IP2<\/sup> & the Sunwater Institute<\/a> co-hosted a roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation<\/em> on December 9, led by Matthew Chervenak<\/strong>, Dr. Ari Harutyunyan<\/strong>, Professor Eric Claeys<\/strong>, and Joshua Kresh<\/strong>. Discussion sessions included “The Future of Property in Land, Air and Space,” “The Future of Intellectual Property (IP) Rights,” and “How Academic Arguments about Property Policy Pan Out in Real-Life Debates in Courts and Legislatures.”<\/p>\n

Virtual Roundtable<\/strong>
\nC-IP2<\/sup> hosted a virtual roundtable on Intellectual Property and Biopharmaceutical Policy <\/em>on December 15, organized by Joshua Kresh<\/strong> and Professor Emily Michiko Morris<\/strong>. Discussion topics included “I-MAK,” “USPTO FDA Interactions,” and “USPTO request for comments, patent prosecution update,” as well as some discussion regarding future research in these areas.<\/p>\n

2023-2024 Thomas Edison Innovation Law & Policy Fellowship<\/strong>
\nOn December 16, C-IP2<\/sup> announced the 2023-2024 Thomas Edison Innovation Law & Policy Fellowship<\/a>. We welcome our Fellows for this cycle: Professor Melissa Eckhause<\/strong>, Michael Goodyear<\/strong>, David Hannon<\/strong>, Professor Aldona Kapac\u030cinskaite\u0307<\/strong>, Joshua Kresh<\/strong>, David Moore<\/strong>, Fidelice Opany<\/strong>, Dr. Nicola Searle<\/strong>, and Professor David Simon<\/strong>. We are also pleased to welcome Professors John F. Duffy<\/strong>, Christopher Holman<\/strong>, Erika Lietzan<\/strong>, Michael Risch<\/strong>, and Mark F. Schultz<\/strong> as Distinguished Commentators.<\/p>\n

Webinar <\/strong>
\nOn January 12, C-IP2<\/sup> hosted a live webinar<\/a> on \u201cChallenges & Opportunities with Intellectual Property & Technology Innovation in Muslim-Majority Countries,\u201d which was organized and moderated by Lewis & Clark Law School and C-IP2<\/sup> Scholar Tabrez Ebrahim<\/strong> and featured Saad Hasan<\/strong> (Principal, Sturgeon Capital), Kevin Tamm <\/strong>(Senior Intellectual Property Counsel, SI Group), and Jeffrey Whittle<\/strong> (Global Head of Womble Bond Dickinson\u2019s Energy and Natural Resources Industry Sector) as panelists. As experts and leaders involved with intellectual property (IP) and technology innovation in Muslim-majority countries, they took part in a discussion about challenges and opportunities in countries with varying degrees of religious laws and developing interests in economic development. This webinar included perspectives from an international law firm, a legal department of the government of the Emirate of Dubai, a technology investment fund, and a chemicals manufacturer. The panelists spoke about their IP-related experiences and technology innovation perspectives from different vantage points in various Muslim-majority countries. A recording<\/a> of the webinar is available on C-IP2<\/sup>‘s YouTube channel.<\/p>\n

2022-2023 Thomas Edison Innovation Law & Policy Fellowship<\/strong>
\nOn January 19-20, C-IP2<\/sup> hosted the third and final meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship in Scottsdale, Arizona. The Edison Fellows presented substantially revised drafts of their research papers and received feedback from Distinguished Commentators and other Fellows before their planned submission to journals in early 2023.<\/p>\n

\n
News and Speaking Engagements<\/strong><\/span><\/h5>\n

We are excited to announce Professor Kristen Osenga<\/strong> as C-IP2<\/sup>‘s new Senior Fellow for Innovation Policy<\/strong>! Professor Osenga<\/a> is also a C-IP2<\/sup> Senior Scholar, as well as Associate Dean of Academic Affairs and the Austin E. Owen Research Scholar and Professor of Law at the University of Richmond School of Law, where she teaches and writes in the areas of intellectual property, patent law, law and language, and legislation and regulation. We are thrilled to be working more closely with Professor Osenga and drawing on her expertise in all areas where high tech and innovation policy meet intellectual property.<\/p>\n

This December, C-IP2<\/sup> Practitioner in Residence Eric Solovy<\/strong> published a new policy brief<\/a> with C-IP2<\/sup> entitled The TRIPS Waiver for COVID-19 Vaccines, and Its Potential Expansion: Assessing the Impact on Global IP Protection and Public Health<\/em>.<\/p>\n

In October 2022, 2023-2024 Edison Fellow Dr. Nicola Searle<\/strong> testified before Parliament’s Communications and Digital Select Committee on current technology and intellectual property issues\u2014specifically, UK government interventions into AI datamining, technology, and copyright\u2014with her testimony “indirectly informed by previous work funded by [C-IP2<\/sup>],” as Dr. Searle states. In January 2023, the Select Committee produced a report<\/a> that covered the session and cited Dr. Searle (see especially the direct quotation on p. 16). Goldsmiths, University of London published a January 17 press release<\/a> on the hearing, and a recording<\/a> is also available online. In addition, Dr. Searle published a December 14, 2022, article<\/a> describing the experience and offering practical presentation advice for other academics.<\/p>\n

December saw the release of Dr. Ryan Abbott<\/strong>\u2019s Research Handbook on Intellectual Property and Artificial Intelligence<\/em><\/a>, which includes contributions from thought leaders including C-IP2<\/sup> Faculty Director Professor Se\u00e1n M. O\u2019Connor<\/strong> and C-IP2<\/sup> Senior Scholar Professor Daryl Lim<\/strong>. The Handbook<\/em> was also featured as part C-IP2<\/sup>\u2019s 2021 Annual Fall Conference<\/a> on Artificial Intelligence and Intellectual Property<\/em>.<\/p>\n

Incoming C-IP2<\/sup> 2023-2024 Edison Fellow Professor Melissa Eckhause<\/strong>‘s paper<\/a> Fighting Image Piracy or Copyright Trolling? An Empirical Study of Photography Copyright Infringement Lawsuits<\/em> (86 Albany L.R., forthcoming) was cited in a December 15, 2022, petition for writ of certiorari to the Supreme Court in Victor Elias Photography, LLC v. Ice Portal, Inc., A Division of Shiji (US), Inc.<\/em><\/p>\n

In January, the Baroni Center for Government Contracting at George Mason University Business School<\/strong> released its latest report<\/a> completed in response to the FY 2020 NDAA requirement for an independent assessment of Defense Advanced Research Projects Agency and defense laboratories\u2019 contracting and intellectual property management policies and their effects on the commercialization of and innovation in dual-use technology. The study was conducted in partnership with C-IP2<\/sup><\/strong>, George Mason University Antonin Scalia Law School<\/strong>, and more.<\/p>\n

In February, along with C-IP2<\/sup> Senior Scholar Mark F. Schultz<\/strong>\u00a0and Managing Director Joshua<\/strong> Kresh<\/strong>, Senior Fellow for Life Sciences and Scholar Emily Michiko Morris<\/strong> submitted a response<\/a> to the USPTO\u2019s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights (PTO-P-2022-0025). Professor Morris discussed \u201cThickets,\u201d Continuations, and Obviousness-Type Patenting and Terminal Disclaimers. For each area she laid out the potential concerns, explained what the data currently show, and described the questions that should be asked and data that would need to be gathered to show if any of the three areas is an actual problem in BioPharma patents. Further, she suggested caution, pointing out that changing a system, which at least seems to be working, without evidence and a clear plan can cause substantial harm, and before any such changes are made, it must be ascertained whether or not there is anything that needs to be fixed.<\/p>\n

In February, C-IP2<\/sup> affiliates\u00a0Professor Emily Michiko Morris<\/strong>, Dean Kristen Osenga<\/strong>, Senior Scholar Mark F. Schultz<\/strong>, Senior Scholar Ted Sichelman<\/strong>, and Managing Director Joshua Kresh <\/strong>signed onto an amicus brief<\/a> in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd<\/em>. Professor Morris, C-IP2<\/sup> Senior Fellow for Life Sciences, was heavily involved in drafting the brief.<\/p>\n

In March, C-IP2<\/sup> Jurist in Residence Judge Susan G. Braden<\/strong> (Ret.), Senior Scholar Dan Cahoy<\/strong>, Senior Scholar Adam MacLeod<\/strong>, Advisory Board Member Judge Paul Michel<\/strong>, Professor Emily Michiko Morris<\/strong>, and Dean Kristen Osenga<\/strong>\u00a0signed on as\u00a0amici curiae<\/em> to a letter<\/a> to the Honorable Mitchell S. Goldberg about U.S.C. \u00a7 1498(a).<\/p>\n

2022-2023 Edison Fellow Yao Zhou<\/strong>‘s Fellowship paper<\/a>, Dynamic Governance of Microbiome Innovation<\/em>, has been submitted to SSRN (linked above) and is in the peer-review process with the Journal of Law and the Biosciences.<\/p>\n

* * *<\/p>\n

Sandra Aistars<\/strong> (C-IP2<\/sup> Senior Fellow for Copyright Research and Policy & Senior Scholar; Founding Director, Arts & Entertainment Advocacy Clinic; Clinical Professor of Law, George Mason University Antonin Scalia Law School)<\/p>\n