Evil Twin Debate
The Intellectual Property Institute's Evil Twin Debate Series is founded on the notion that experts are often at loggerheads on important issues of IP policy, yet remain friendly on a personal level. The series therefore brings together pairs of scholars who disagree on an important IP topic, but who can air their disagreements in a friendly exchange—serious in substance but lighthearted in tone.
2023 Debate
“ChatGPT: Pandora’s Box or Box of Chocolates?” took place on Friday, Feb. 3 at the 2023 Works in Progress for Intellectual Property Scholars Colloquium at Suffolk. The debate featured “Evil Twins” Zahr Said (University of Washington School of Law) and Bruce Boyden (Marquette University Law School). Watch the video.
2022 Debate
The 15th Annual Evil Twin debate, brought to you by the University of Richmond School of Law’s Intellectual Property Institute, took place at St. Louis University School of Law at the 2022 Works-in-Progress in IP (WIPIP) conference. Jorge Contreras (Presidential Scholar and Professor of Law, University of Utah S.J. Quinney College of Law) and Richmond’s very own Kristen Osenga (Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law), debated “Efficient Infringement: Awful or Awesome?”. The discussion centered on when, and whether, patent infringement can ever be “efficient”. Watch the video.
2021 Debate
"Food Fight! Copyrightable or Simply Edible?" took place virtually on Wednesday, January 6, 2021, at the AALS Annual Conference. The debate featured "evil twins" Ann Bartow (University of New Hampshire Franklin Pierce School of Law) and Cathay Y. N. Smith (University of Montana Blewett School of Law). Watch the video.
2020 Debate
"Going Private: Can the Law be Owned?" took place on Saturday, January 4, 2020, at the AALS Annual Conference in Washington D.C. The debate featured "evil twins" Christopher S. Yoo (Penn Law) and Shyam Balganesh (Penn Law). Watch the video.
2019 Debate
"Death Squad or Rubber Stamp? The PTO's Role in Patent Validity" took place on Saturday, January 5, 2019, at the AALS Annual Conference in New Orleans. The debate featured "evil twins" Arti Rai (Duke University) and F. Scott Kieff (George Washington University Law School). Watch the video.
2018 Debate
"Is the Defend Trade Secrets Act Defensible?" took place on January 5, 2018 at Thomas Jefferson Law School. The debate featured "evil twins" Orly Lobel (San Diego Law School) and Michael Risch (Villanova Law School) during the Association of American Law Schools Conference. Watch the video.
2017 Debate
"Free Speech or Free to Reject?: Trademark Registration & the First Amendment" took place in January 2017, at Golden Gate University Law School. The debate featured "evil twins" Mark Lemley (Stanford Law School) and Rebecca Tushnet (Georgetown Law Center) during the Association of American Law Schools Conference. Watch the video.
2016 Debate
"Protecting APIs: Copyright or Copywrong" took place in January 2016 at the New York Hilton Midtown during the Association of American Law Schools Conference. "Intellectual Property and the Protection of Software" featured debates Pamela Samuelson and Randy Picker. Watch the video.
2014 Debate
This 2014 debate featured Professor John Golden of the University of Texas School of Law and Professor Tim Holbrook of Emory University School of Law, debating the topic IP at the Supreme Court: Guidance or Garbage? It took place on Friday, November 21, 2014, in the moot court room at Richmond Law. If you missed it, watch the video.
Previous Debates
On November 15, 2013. Professor Mark Janis of Indiana University Maurer School of Law and Professor Andrew Torrance of University of Kansas School of Law debated the topic Design Patents: Great Idea, or Greatest Idea? A video of the debate is available on our YouTube channel. The proceedings start about thirty-five seconds in.
On September 22, 2012, as part of the IP Institute's conference on Global IP Enforcement in Washington, DC, Professor Rochelle Dreyfuss of NYU School of Law and Robert Armitage, general counsel of Eli Lilly & Co debated the topic TRIPS: Too Far or Not Far Enough? A video is on our YouTube channel, although the beginning of the debate is mysteriously missing.
On November 18, 2011, Professor Daniel Crane of University of Michigan Law School and Professor Michael Carrier of Rutgers University School of Law, Camden debated the topic Drug Settlements: Patently Anticompetitive? View a video of the debate on our YouTube channel.
On November 5, 2010, attorney and policy expert Jonathan Band of policybandwidth.com and Professor James Grimmelmann of New York Law School debated the topic The Google Books Settlement: Standing Copyright on Its Head? View a video of the debate on our YouTube page.
On October 9, 2009, Professor John Duffy of George Washington University Law School and Professor Jay Thomas of Georgetown University Law Center debated the topic Bilski and Patentable Subject Matter: Method or Madness? View a video of the debate here.
On April 4, 2008, Professor Stacey Dogan of Boston University School of Law and Professor Mark McKenna of University of Notre Dame Law School debated the topic Is a Trademark Use Requirement Useless? View a video of the debate here.
The inaugural debate took place on February 2, 2007. The Evil Twins were Professor Shubha Ghosh of University of Wisconsin Law School and Professor Adam Mossoff of George Mason University School of Law. They debated the topic, Is Intellectual Property "Property"? Pharmaceutical Patents and Regulatory Takings. View a video of the debate here.
Future Debates
Future debates are currently being scheduled. If you are an expert in IP or a related field and have an Evil Twin and an interesting topic, let us know and we will consider including you in the series.