台美智財權法律與實務專題課程

Series Courses on Intellectual Property Law and Practice Taiwan-US 2014

時間：2014年5月22日(星期四)/ May 22, 2014 (Thursday)

地點：國立臺灣大學法律學院國際會議廳

International Convention Center, College of Law,

National Taiwan University

台北市羅斯福路4段1號臺大法律學院霖澤館1樓

(復興南路二段及辛亥路交叉路口，臺大側門入口第一棟)

主辦單位：國立臺灣大學法律學院、清華大學科技與法律研究所

協辦單位：司法院、智慧財產法院、中央研究院法律學研究所

政治大學法學院、台北大學法學院、

國立臺灣大學法律學院科技、倫理與法律研究中心

台灣法學會智慧財產權法委員會

In this series of lectures, Professor Merges will move from the theory of Intellectual Property rights -- expelling why society still needs individual rights over creative andinnovative ideas -- to an explanation of their economic role, and finally to some practical issues that are capturing the attention of US policymakers right now.

The first lecture springs from Professor Merges's full-length defense of IP rights in2011, in his book Justifying Intellectual Property. Professor Merges will explain thewidespread critiques of IP rights among US academics, and give a strong answer to the critics about the continuing need and justification for IP rights. He will touch on hilosophical as well as economic defenses, and address the basic criticism that IP rights do not really serve societal interests in the modern era. Then he will explain the best current research in the role that IP plays in economic activity. An emphasis here is on recent research that explains: (1) why IP rights are especially important for medium sized companies; and (2) why IP is considered important in raising investment capital for product development, especially among venture capitalists.

Finally, Professor Merges will discuss current criticisms of excessive patent litigation, and proposals to reduce it. Recent initiatives in Congress and the courts have focused on forcing unsuccessful plaintiffs to pay the (often very high) attorney fees of successful defendants. How do these proposals work and will they reduce unwanted litigation? Finally he will discuss the progress that has been made on reforming and rationalizing patent royalties, which was a major issue in patent reform beginning roughly five years ago. The idea is to examine how well the patent system has "followed through" on a major topic in patent reform from the recent past.

Overall, the lectures will focus on the state of IP law today -- at the levels of theory, policy, and practice.

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