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IP Talk on "Intelligent Design" with Profs. Christopher Buccafusco (Cardozo) & Jonathan Masur (University of Chicago)
Start Date: 3/19/2018Start Time: 12:00 PM
End Date: 3/19/2018End Time: 1:00 PM

Event Description:
The upcoming IP talk will feature Professors Christopher Buccafusco of Cardozo School of Law and Jonathan Masur of the University of Chicago Law School. They will present their forthcoming article (authored with Professor Mark Lemley of Stanford Law School) on “Intelligent Design.”

There is no charge to attend this event and a free pizza lunch will be provided. This event is co-sponsored by Chicago-Kent’s Intellectual Property Program and Center for Design, Law & Technology (cΔ).

IP law has employed a series of doctrinal and costly screens to channel designs into the appropriate regime—copyright law, design patent law, or utility patent law. Unfortunately, those screens are no longer working. Designers are able to obtain powerful IP protection over the utilitarian aspects of their creations without demonstrating that they have made socially valuable contributions and without paying substantial fees that weed out weaker designs. This is bad for competition and bad for consumers. In this article, we integrate theories of doctrinal and costly screens, and we explore their roles in channeling IP rights. We demonstrate how these two types of screens can serve as complements in the efficient regulation of design protection, and we illustrate the inefficiencies that have arisen through their misapplication in copyright and design patent laws. Finally, we propose a variety of solutions that would move design protection towards a successful channeling regime, balancing the law’s needs for incentives and competition.

Speaker Biographies
Professor Buccafusco is director of the Intellectual Property & Information Law Program and associate dean for faculty development at Cardozo. His research applies social science methods to study legal problems, especially how the law affects creativity, innovation, and happiness. Prior to joining Cardozo, he taught at Chicago-Kent and won the SBA teaching award and the university-wide teaching award for his excellence in teaching, and he also co-founded the Center for Empirical Study of Intellectual Property.

Professor Masur is director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics at the University of Chicago Law School. His research and teaching interests include patent law, administrative law, behavioral law and economics, and criminal law. After law school, he clerked for Chief Judge Marilyn Hall Patel of the U.S. District Court for the Northern District of California and for Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit.

Location Information:
IIT Downtown Campus - Chicago-Kent College of Law
Room: Institute of Design, 7th Floor
Contact Information:
Name: Patricia Y. O'Neal

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