Workshop in Law and Economics of Intellectual Property

1st BETA Workshop with the support of BETA/CEIPI Chair in Law, Economics and Management of Intellectual Property Rights: "Beyond patents…: towards new data for innovation research in economics"

On 19 October 2018, the BETA (Bureau Théorique d'Economie Appliquée) organizes with the support of BETA/CEIPI Chair in Law, Economics and Management of Intellectual Property Rights, its first worshop oh the topic "Beyond patents…: towards new data for innovation research in economics".

Click here to download the program of this event to take place in Strasbourg.

CEIPI-BETA-I3PM conference Film: « Intellectual Property and Digitalization - Challenges for Intellectual Property Management »

The CEIPI - BETA Project in Law and economics of Intellectual Property, in association with I3PM, organized on 4 may 2017 a one-day conference with the title Intellectual Property and Digitalization: Challenges for Intellectual Property Management. The conference addressed the revolutionary changes in the innovation system, affecting industries, universities and public institutions, resulting from the digital transformation. Three panels were devoted to “The Digital Transformation – from freedom to operate to risk management”, “Big Data - ownership and use in the digital age”, and “Patentability of technical software solutions and the exploitation model for digital innovation”.

Download the programme.

The conference is available on the Internet:

Intellectual Property and Digitalization : Challenges for Intellectual Property Management

Conference CEIPI-BETA on "Intellectual Property Transfer and Development", by Prof. Frederick Abbott

"Intellectual Property Transfer and Development" by Frederick Abbott, Edward Ball Eminent Scholar Professor of International Law at Florida State University College of Law.

Friday 24 June 2016, from 11.30 to 12.30, in Amphitheater 23, Escarpe building, (ground floor).

19th workshop on April 25th at 5 pm at CEIPI

“The World IP report on breakthrough innovation and economic growth”, by Carsten Fink, Chief Economist at WIPO

CEIPI - Amphithéâtre 23 ; 11, rue du Maréchal Juin,

Free admission subject to availability.



18th workshop on Februaty 29th at 5 pm at 5, rue Schiller.

"Property Rules, Liability Rules, and the Public Interest in Patent Remedies" by Dan L. Burk, Chancellor’s Professor of Law at the University of California, Irvine.

You can download below an article written by Dan Burk entitled "Intellectual Property in the Cathedral".

17th workshop on January 13th, 2016 at CEIPI

"The value of standard essential patents - The battle to define the meaning of FRAND" by Bo Heiden, Director of the Centre for Intellectual Property, of the University of Gothenburg (Sweden).

16th workshop on December 2nd, 2015 at CEIPI

"Economics and the future of collecting societies" by Ruth Towse, Bournemouth University, Co-Director of the Centre for Intellectual Property Policy and Management.

Click here for further information.

15th workshop on May 6th, 2015 at CEIPI

“Non-Practicing Entities and Patent Reform in the United States" by Craig Nard, Director of Spangenberg Center for Law, Technology & the Arts.

14th workshop on December 1st, 2014 at CEIPI

“Inventing around Copyright” by Prof. Dan L. Burk, UC Irvine's Chancellor's Professor in Law.

13th workshop on June 19th

“Invalid but Infringed? An Analysis of Germany’s Bifurcated Patent Litigation System”, by Prof. Dietmar Harhoff, visiting Professor at BETA, Director of the Max Planck Institute for Innovation and Competition, Director of the Munich Center for Innovation and Entrepreneurship Research, Honorary Professor at the University of Munich.

12th workshop on April 8th at 12 (noon) at 5, rue Schiller.

Xavier Seuba, Visiting Senior Research Associate at CEIPI and Senior Lecturer in Public International Law, Universitat Pompeu Fabra, Barcelona, Spain presented his research on the “Economics of IP Enforcement”, which constitute part of his forthcoming publication. Please consult the presentation summary, as well as the slides used during the seminar for a more in-depth look at Xavier Seuba’s work.

11th workshop on March 20th at 12 (noon) at the Salle Ehud, PEGE.

Julien Pénin, Professor of Economics at the University of Strasbourg and Agnieszka Kupzok, postdoctoral researcher and project leader in the Law and Economics of IP presented on the topic of the law and economics of the unitary patent package. 

The seminar was based on the collaboration of the two researchers, which resulted in a co-authored contribution to the Observatoire des Politiques Economiques Européennes (OPEE – European Observatory of Political Economy). It also served as a forum for exchanging ideas about the patent reform in the European Union.  You can find the co-authored article on the topic published at the OPEE, here:  (p.29).

10th workshop on February 11th at 12:15 at 5 rue Schiller, CEIPI.

Within the broad theme of copyright in the digital age, participants focused on addressing the issue of exhaustion of digital content.  The CJEU decision in UsedSoft GmbH v Oracle International Corp., C-128/11, served as a starting point.  The economic considerations addressed aspects such as parallel trade and ability of right holders to engage in price discrimination. 

9th workshop on December 3rd at 12 (noon) in 5, rue Schiller – Valentine Millot (OECD)

On December 3rd, Valentine Millot, who finalized her PhD under the supervision of Professor Patrick Llerena at the economics faculty, gave a presentation entitled: "Are trademarks and patents complementary or substitute protections for innovation?"

Valentine Millot is a statistician at the Economic Analysis and Statistics Division of the OECD Directorate for Science, Technology and Industry, working on different projects relating to innovation measurement and analysis. She holds a PhD in Economics from the University of Strasbourg. Her PhD thesis focused on the link between trademark strategies and innovative behaviour of firms. Prior to that she studied Economics and Statistics at the Paris School of Economics and at ENSAE.”

"Are trademarks and patents complementary or substitute protections for innovation?" Paper co-authored with Patrick Llerena

Invited Speaker Series in L&E of IP, Lecture of Dr. Nathan Wajsman (OHIM) on November 25th.

CEIPI-BETA Project in Law and Economics of IP had the pleasure of welcoming Dr. Nathan Wajsman, Chief Economist at OHIM, who spoke on November 25th within the Invited Speaker Series.

 Dr. Wajsman gave a lecture entitled “Intellectual Property Rights intensive industries: contribution to economic performance and employment in Europe” in which he presented the results of a very recent study carried out jointly by the OHIM and the EPO on this topic.

Dr. Nathan Wajsman

Born in Wrocław, Poland and thus a Polish national, Nathan Wajsman was educated at the University of Aarhus in Denmark and later undertook graduate studies in the USA, earning a PhD in Economics from the University of Florida and an MBA from Temple University in Philadelphia.

Dr. Wajsman was named Chief Economist of the OHIM in May 2011. He has been with the agency since 2007 and was previously in charge of the Quality Management Department.

Prior to joining OHIM, he spent 20 years working in the private sector. A stint as a forecasting analyst at an electric utility in Florida was followed by a career in telecommunications and finance industries in the USA and several European countries, including positions with AT&T in the USA and Belgium, Swiss Reinsurance Company in Zurich, and Claranet Benelux, a business ISP in the Netherlands.

OHIM-EPO Study can be accessed here: OHIM-EPO Study

November 25th at 18:00 in Amphitheatre 29 at CEIPI. 11, rue du Maréchal Juin, Strasbourg (Escarpe building).

8th workshop on November 5th at 12 (noon) at the Salle Ehud, PEGE.

In the November workshop we addressed the various justifications for the IP system, only some of which focus on the economic arguments. The following two papers served as basis for discussion:

1) Merges, Robert, General Theories of Intellectual Property in: Bouckaert, Boudewijn and De Geest, Gerrit (eds.) (2000), The Encyclopedia of Law and Economics, Edward Elgar.


2) Fisher, William W., Theories of Intellectual Property, unpublished, available online.

7th workshop on October 22nd at 12 (noon) in 5, rue Schiller.

On October 22nd, a new project initiative set up between CEIPI and BETA involving lab experiments was presented. The presentation held jointly by junior researchers highlighted a new research initiative in which Marianna Epicoco (BETA) Agnieszka Kupzok (BETA-CEIPI Project in law and economics of IP), and Thibaud Lelong (CEIPI) propose to adapt an existing laboratory experiment in economics of intellectual property.  The presentation was based on the following two articles:

1) Buchanan, Joy, Wilson, Bart J., An Experiment on Protecting Intellectual Property, Working Paper, April 2012 (available online).

2) Engel, Christoph, Kleine, Marco, Who is Afraid of Pirates? An Experiment on the Deterrence of Innovation by Imitation, Working Paper Series of the Max Planck Institute for Research on Collective Goods 2013_07. (available online)

"Comments on the Law and & Experimental Economics Seminar, October 22nd, 2013" by Natalia Kapyrina.

6th workshop (September 18th)

Following summer holidays, the workshop in law and economics of IP recommenced with the first meeting that took place on September 18th.

Professor Julien Pénin presented an editorial piece entitled “Plaidoyer pour adapter le droit d’auteur à l’économie numérique” he has authored for “Economie & Management Vol. 148”. You can access Professor Pénin’s paper and the presentation below.

The seminar focused on challenges of adapting copyright to the digital age and its participants, including senior researchers such as Robin Cowan (BETA) and Christophe Geiger (CEIPI), as well as a representative of the industry in the person of Fabirama Niang of Total engaged in a lively discussion, which, at points, challenged the stance of the presenter.

Enhancing the format of the workshop, especially to increase the structured exchange across disciplines, Oleksandr Bulayenko, doctoral student at CEIPI provided a comment of the Professor Penin’s presentation.  He enriched the discussion in that he provided the participants with the legal insights as well as examples of current policy efforts undertaken in the area of copyright.  You can find his well-drafted exposé below.

The workshop organizers invite you to join this lively forum for exchange in law and economics of intellectual property.  Next opportunity is the seminar on October 22 at 12 (noon) in 5, rue Schiller. For inquiries please contact Agnieszka Kupzok kupzok[at]  

Paper & Presentation: Julien Pénin (BETA) paper; presentation

Comment: Oleksandr Bulayenko (CEIPI)

Summary of past workshops

Inaugural Lecture in Law and Economics of IP within the Invited Speaker Series – Professor Dan Burk on May 2nd, 2013.

Professor Dan L. Burk, Chancellor’s Professor of Law at the University of California, Irvine inaugurated the Invited Speaker Series in Law and Economics of IP on May 2nd. Professor Burk delivered a lecture entitled “Patent law and the Theory of the Firm: Economic Analysis Beyond Incentive Theory”.

Professor Dan L. Burk

Dan L. Burk is Chancellor’s Professor of Law at the University of California, Irvine, where he is a founding member of the law faculty.  An internationally prominent authority on issues related to high technology, he lectures, teaches, and writes in the areas of patent, copyright, electronic commerce, and biotechnology law.  He is the author of numerous papers on the legal and societal impact of new technologies, including articles on Internet regulation, on the structure of the patent system, and on the economic analysis of intellectual property law.

For further details on the subject of the lecture as well as Professor Burk’s background, please refer to the conference announcement here: Patent law and the Theory of the Firm: Economic Analysis Beyond Incentive Theory.

3rd Workshop (March 5th)

2nd workshop - A fresh look at testing patentability criteria


Seifert, Colleen, Now why didn't I think of that?  The Cognitive processes that create the obvious, 12 Lewis & Clark L. Rev. 489 (2008). Available at:

U.S. Supreme Court's decision in KSR v Teleflex (KSR Int'l Co. v. Teleflex Inc., 127 S. CT. 1727 (2007)

Additional resources

1) Demo of the invention:

2) Wright, Joshua D. and Ginsburg, Douglas H., Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty (September 17, 2012). Northwestern University Law Review, Vol. 106, No. 3, 2012; George Mason Law & Economics Research Paper No. 12-63. Available at SSRN:  

1st workshop - Law and Economics of Copyright


Chapter 2 (pp. 37-70) in Landes, William, Posner, Richard, The Economic Structure of Intellectual Property Law. Belknap Press of Harvard University Press, Cambridge, 2003.

Additional Resources

1) Chapter 2 (pp. 37-70) in Landes, William, Posner, Richard, The Economic Structure of Intellectual Property Law. Belknap Press of Harvard University Press, Cambridge, 2003.

2) Breyer, Stephen, The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs, Harvard Law Review, Vol. 84, No. 2, (Dec., 1970), pp. 281-351.

3) Spellman, Barbara A.; Schauer, Frederick, Artists' Moral Rights and the Psychology of Ownership, 83 Tul. L. Rev. 661 (2008-2009), available at: