The Intellectual Property Institute

Directed by Professors Eileen Herlihy and Russ VerSteeg

Intellectual Property Law Association student organization

Intellectual property law is one of the fastest growing areas of legal specialization. It is intellectually stimulating, Professor VerSteeg points out, because it combines abstract and practical elements. "At the core of intellectual property law is the concept that, if someone thinks up something either original or novel, that creation ought to have property-like protections," says Professor VerSteeg. "The law draws lines between the intangible and the concrete and between the public domain and private property. These are fields where technology and law intersect – and often clash – in novel and dramatic ways."

• Focused on one of the fastest growing areas of legal specialization, this institute’s activities are aimed at the cutting edge of science and law – encompassing such technologies as genetic engineering and the Internet – and issues as diverse as intellectual property protection for fashion, and damages for downloading music files.
• Professor Russ VerSteeg, co-director of the institute, writes extensively on intellectual property law, including a chapter on “Originality and Creativity in Copyright Law” in the book, Intellectual Property and Information Wealth: Issues and Practices in the Digital Age. This four-volume work is considered the go-to resource for emerging issues in intellectual property law.
• Professor Eileen Herlihy, who co-directs the institute, is currently a programs co-chair and a member of the Founders Committee of the Boston IP American Inn of Court, one of the inns in the Federal Circuit's Linn Inn Alliance.  She recently served as co-chair of the Intellectual Property Litigation Committee of the Boston Bar Association.  Before joining the New England Law faculty she was a partner at Palmer & Dodge, LLP, in Boston, with an intellectual property litigation practice that emphasized patent litigation.

Activities

• Boston Intellectual Property American Inn of Court:  New England Law students who are active in the IP Institute and the IP Law Association have the opportunity to attend meetings of the Boston Intellectual Property American Inn of Court, a member of the Linn Inn Alliance, established by Judge Linn of the U.S. Court of Appeals for the Federal Circuit.

Professor Herlihy (second from right), a founding member of the Boston IP Inn of Court, with Judge Linn (on her right) and officers.

Judge Richard G. Stearns of the U.S. District Court (MA) is president of the Boston Inn, and the membership includes numerous federal court judges, leading members of the IP bar, and law students.  Professor Herlihy is a member of the Founders Committee and serves as a program co-chair.

Programs were presented in 2010-2011 on "False Marking," a special dinner in honor of retiring Chief Justice Margaret H. Marshall of the Massachusetts Supreme Judicial Court, the Markman v. Westview Instruments, Inc. case and Markman hearings, and on "Overlapping IP Protection."  In 2009-2010 the Inn of Court hosted presentations on In re Bilski and Ariad v. Eli Lilly.

• Giles Sutherland Rich Memorial Moot Court Competition:  During the 2010-2011 academic year, New England Law entered this IP competition sponsored by the American Intellectual Property Law Association (AIPLA).  The New England Law team did an outstanding job and Prateek Shukla '12 received the top award for Best Oralist.
• Writing Competitions:  The IP Institute promotes student participation in a number of IP writing competitions including the annual Robert C. Watson Award Competition, sponsored by AIPLA; the Boston Patent Law Association (BPLA) Annual Writing Competition; and the Honorable William C. Conner Intellectual Property Law Writing Competition, sponsored by the New York Intellectual Property Law Association.  In 2009-2010, Julie Gottselig '10 won first prize in the BPLA competition.
• IP Seminars:  In October 2010, the IP Law Association presented "Intellectual Property at New England Law | Boston... and Beyond."  In February 2011, the IP Institute and the IP Law Association cosponsored a program on Fashion Law.
• IP Career Counseling:  Professors Herlihy and Versteeg share their experience and contacts with students who wish to pursue IP careers.
• Intellectual Property Law Association (student organization)