Collision Course: Design patents and the convergence of intellectual property regimes
PIPG invites you to its 2015 Symposium on Thursday, March 19. This year we focus on the mysterious world of design patents. These under-appreciated property rights protect new and nonobvious ornamental designs. But their subject-matter overlap with utility patent, trade dress and copyright has created a mongrel body of law — sowing confusion for attorneys and designers alike.
This year's speakers, panelists, and debaters aim to clarify that confusion. A keynote by ITC Commissioner F. Scott Kieff will frame design patents in the overall context of US intellectual property protections and explore how they affect trade policy. A doctrinal panel will explore how they abut trade dress, copyright and utility patent law. A practitioner panel will explain how design patents play into strategic decisions in the fashion and wearables industries. Finally, two leading design patent advocates will debate the hypothetical appeal of MRC Innovations v. Hunter Mfg. ("the one with the dog jerseys"), which hinges on whether a claimed design patent was in fact obvious to an ordinary designer. (The case is available at https://www.dropbox.com/s/1yjhlxzudywve2h/MRC.doc?dl=0.) A reception at White Dog Café follows.
Schedule
12:00 PM Registration opens
1:00 – 1:10 PM Opening Remarks
1:10 – 1:40 PM Keynote address by US ITC Commissioner F. Scott Kieff
1:40 – 2:40 Design patents: a discussion on the past and future of design patent doctrine
2:40 – 3:00 PM Break
3:00 – 4:15 PM Protecting design in the fashion and wearables industry
4:15 – 5:00 PM Oxford Debate on the hypothetical appeal of MRC Innovations v. Hunter Mfg.
5:00 – 5:10 PM Closing Remarks
5:00 – 7:00 PM Reception at the White Dog Café (3420 Sansom Street)*
* Must show proof of attendance to symposium and be age 21 or older.
This program has been approved for 3.0 substantive law credits for Pennsylvania lawyers. CLE credits may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $45.00 ($22.50 public interest attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.
Thank you to our generous sponsors:
Penn Law Dean's Speaker Fund
Penn Law Center for Technology, Innovation and Competition (CTIC)
Skilled in the Art sponsors
Kenyon & Kenyon
McKool Smith
Nonobvious sponsors
Fish & Richardson
Kirkland & Ellis
Knobbe Martens
Novelty sponsors
Irell & Manella
Kaye Scholer
Shearman & Sterling
Simpson Thacher