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Workshop 2016 Call for Papers


International Society for the History and Theory of Intellectual Property

8th Annual Workshop

CREATe, University of Glasgow, UK

July 6-8, 2016

Intellectual Property and Resistance’


In 2016, ISHTIP comes to Scotland, the home of booksellers such as Alexander Donaldson who sought to resist the monopolistic practices of their established London-based rivals, in the so-called Battle of the Booksellers of the eighteenth century. The patriotic Scottish booksellers, newcomers to the trade, sold cheap reprints of books sold by the London booksellers, including those in which statutory copyright, under the Statute of Anne 1710, had expired. The London booksellers responded with a series of lawsuits culminating in Donaldson v. Becket (1774), relying inter alia on copyright at common law, against which the Scots resisted. As Donaldson expressed in petitioning the House of Commons in 1774: ‘your petitioner has had to struggle with the united force of almost all the eminent booksellers of London and Westminster… above one hundred of the most opulent booksellers… have in their turn, been plaintiffs against your petitioner’. The resulting cases and more general debate about the nature of literary property are today remembered as a historic occasion on which the nature of copyright, as well as the more general notion of property in intangibles, was fully debated.

Taking the theme of ‘resistance’ as its starting point, we intend the 8th Annual Workshop to be a further occasion for the full debate of the theory and history of intellectual property! We invite abstracts for papers, exploring the theme of resistance in the broadest sense, in relation to any aspect of the history or theory of intellectual property law, in particular, but not limited to: historical or theoretical research that provides a basis for resisting dominant conceptions of IP law, its theory or history, or resisting claims relating to its timelessness or universality; historical or theoretical papers exploring IP law as empowering resistance to dominant social or cultural norms or relations of social power; historical or theoretical research into local diversity in IP laws (legislative, judicial and/or bureaucratic approaches) resisting moves towards international, imperial or regional harmonisation; historical and theoretical insights into modes of resistance to IP law, its enforcement and/or its exploitation.

We seek a broad representation of international scholars as well as scholars from across the disciplines. Papers may concern trade marks, patents, copyright, or related rights, including confidentiality and trade secrecy, and they may be historical or address current issues from a theoretically-informed perspective. Both established and junior scholars are encouraged to submit abstracts. We are keen to receive abstracts from those who have not recently presented at an ISHTIP workshop, particularly scholars who did not present at ISHTIP 2015.

To be considered for the workshop, please submit a 300-word abstract of your proposed paper as well as a one-paragraph bio and 2-page CV by 15 January 2016 to . Acceptance will be notified by 15 March 2016.

Complete papers (of max. 9000 words) will be due on 1 June 2016 so that they may be distributed in advance to registered workshop participants. Papers must be unpublished and not accepted/under consideration for publication elsewhere. It is expected that the best papers will be published in a special issue of an academic peer-reviewed journal or an edited collection.

Authors do not present their papers at ISHTIP workshops. Instead, a discussant presents a brief summary and critique to initiate the general discussion of each paper. All panels are plenary. ISHTIP workshops are thus a great venue for presenting and receiving feedback on work in progress from a global, multidisciplinary community of scholars.

For additional information, including past programs and 2015 program updates, visit the ISHTIP website at Should you have any questions, please do not hesitate to contact Elena Cooper of the CREATe team (

Workshop 2014 Programme

Return to main Workshop 2014 page

Download a PDF version of the programme.

Wednesday 2 July 2014, University Main Building, Room IX
11.30 REGISTRATION opens followed by LUNCH
12.15 Opening remarks by the organizers
12.30-13.10 Session 1 chaired by Martin Fredriksson, Linköping University (SE):

Balázs Bodó, University of Amsterdam (NL)

A Qualitative and Quantitative Analysis of Scientific Shadow Libraries

Commentator: Jorge Contreras, American University (US)

13.15-13.55 Matt Stahl, University of Western Ontario (CA)

Tactical Destabilization for Economic Justice: The American Recording Industry, Aging R&B Performers, and the 1984-2004 Royalty Reform Movement

Commentator: Toni Lester, Babson College (US)

14.00-14.40 Rasmus Fleischer, Stockholm University (SE)

Performers’ and/or Producers’ Rights? The Pre-history of the Rome Convention, 1930-1960

Commentator: Matt Stahl, University of Western Ontario (CA)

14.45-15.00 COFFEE BREAK
15.05-15.45 Session 2 chaired by Lucky Belder, Utrecht University (NL):

Louis Pahlow, Johann Wolfgang Goethe-Universität (DE)

Stability and Instability in the Patent Law System: Patent Pooling, Industrial Concentration and Competition Policy in Germany (1890-1930)

Commentator: Gabriel Galvez-Béhar, Université Lille 3 (FR)

15.50-16.30 Nicolas Chachereau, Université de Lausanne (CH)

How to Patent a Chemical? The Instability of a New Type of Intellectual Property (Switzerland 1888-1907)

Commentator: Joshua Sarnoff, DePaul University (US)

16.35-17.15 Amanda Scardamaglia, Swinburne University of Technology (AU)

The Historical Movement, Transmission and Transformation of Trade Mark Law in Colonial Australia

Commentator: Marianne Dahlén, Uppsala University (SE)

17.15 CLOSE

If you’re still hungry after the reception, dinner is on your own. You’ll find a list of different restaurants in your workshop package.

Thursday 3 July 2014, University Main Building, Room IX
9.15-10.30 Roundtable on “Interdisciplinarity in Intellectual Property Research”

A discussion with Gabriel Galvez-Behar, Debora Halbert, Dan Hunter, and Stina Teilmann-Lock.

Chair: Eva Hemmungs Wirtén

10.35-11.15 Session 3 chaired by Maurizio Borghi, Bournemouth University (UK):

Xiobao Shen, University of Edinburgh (UK)

A Paradox – “Chinese Characteristics” of Imitating Western Intellectual Property Regime

Commentator: Dan Hunter, Queensland University of Technology (AU)

11.20-12.00 Christian Katzenbach and Sarah Herweg, Alexander von Humboldt Institute for Internet and Society, Berlin (DE)

Stabilizing and Contesting the Instable through Discourse: Attributions of Imitation and Innovation in the Digital Games Sector

Commentator: Saara Taalas, Linneaus University (SE)

12.05-13.05 LUNCH
13.10-13.50 Session 4 chaired by Peter Decherney, University of Pennsylvania (US):

Friedeman Kawohl, Bournemouth University (UK)

Fürstenthal v. Hirschfeld – A conflict between a pre-modern religious censorship regime and a modern secular copyright regime in 19th-century Prussia

Commentator: Jens Eriksson, Uppsala University (SE)

13.55-14.35 Marie-Claude Felton, McGill University (CA)

Writing According to the Law: A Comparative Study of Literary Legislations and Authorial Ventures in France, England and Germany in the 18th Century

Commentator: Martha Woodmansee, Case Western Reserve University (US)

14.40-15.20 Jorge Contreras, American University (US)

Stories of Gene Patenting

Commentator: Daithi Mac Sithigh, Newcastle University (UK)

15.25-15.45 COFFEE BREAK
15.50-16.30 Session 5 chaired by Debora Halbert, University of Hawaii at Manoa (US):

David Lametti, McGill University (CA)

Unstable Art: The Curious Case of Claude Théberge

Commentator: Lucky Belder, Utrecht University (NL)

16.35-17.15 Megan Richardson and Julian Thomas, The University of Melbourne and Swinburne University of Technology (AU)

The ‘Face of Things’: Image Rights in the Age of Digital Reproduction

Commentator: Jaime Stapleton (UK)

17.20-18.00 Aura Bertoni and Maria Lillà Montagnani, Bocconi University (IT)

Public Architectural Art and its Spirits of Instability

Commentator: Jan von Bonsdorff, Uppsala University (SE)

18.00 CLOSE
19.30 Workshop DINNER at LINNEANEUM
Friday 4 July 2014, University Main Building, Room IX
09.30-10.10 Session 6 chaired by Megan Richardson, University of Melbourne

Patrick Burkart and Jonas Andersson Schwarz, Texas A&M University (US) and Södertörn University College (SE)

Post-Privacy and Ideology

Commentator: Julian Thomas, Swinburne University of Technology (AU)

10.15-10.55 Michael Birnhack, Tel-Aviv University (IL)

The Cost of Judicial Snapshots: The Case of Israeli Fair Use

Commentator: Peter Decherney, University of Pennsylvania (US)

11.00-11.30 COFFEE BREAK
11.35-12.15 Session 7 chaired by Helle Porsdam, Copenhagen University (DK):

Marc Perlman, Brown University (US)

‘Commercial’ vs. ‘Noncommercial’ in Copyright Law and the Arts: An Unstable Distinction in Times of Rapid Technological Change

Commentator: Maurizio Borghi, Bournmouth University (UK)

12.20-13.00 Debora Halbert and Jake Dunegan, University of Hawaii at Manoa and Institute for the Future, Palo Alto (US)

Intellectual Property for the Neurocentric Age: Towards a neuropolitics of IP

Commentator: Robin Williams, University of Edinburgh (UK)

13.05-13.15 Concluding remarks and handing over to Peter Decherney for 2015.
14.00- LUNCH

We gratefully acknowledge the generous sponsorship of the Swedish Foundation for the Humanities and Social Sciences.

Sixth Annual ISHTIP Workshop

The Instability of Intellectual Property

uulogo_whiteUppsala, Sweden July 2-4, 2014

The conference is free of charge and supported by the Swedish Foundation for Humanities and Social Sciences (Riksbankens Jubileumsfond). The organizers will provide refreshments/lunch to all registered participants.

Hosted by the Department of Archival Science, Library & Information Science and Museology & Heritage Studies (ALM), Uppsala University in collaboration with the Faculty of Law, Uppsala University and Linköping University in Sweden.

By choosing the theme of The Instability of Intellectual Property for the 2014 ISHTIP workshop at Uppsala University we want to focus on the ways in which intellectual property moves and travels across disciplinary, legal, linguistic, and geopolitical borders.

Queen Mary Journal of Intellectual Property – Special ISHTIP 2014 Issue
Accepted presenters will be invited to submit their papers to a special issue of the Queen Mary Journal of Intellectual Property devoted entirely to the 2014 ISHTIP Workshop and the “Instability of Intellectual Property” theme. More information will follow during the spring.


Provisional Programme

Download a PDF version of the programme.

The programme is also available as a web page here.



Uppsala University

Founded in 1477, Uppsala University is the oldest Nordic university. Carolus Linneaus, Olof Rudbeck and Anders Celsius are some of Uppsala’s most well-known historic figures. Today, Uppsala University is home to more than 40.000 students (More Information).



Attending ISHTIP is free of charge but places are limited. If you wish to join us in Uppsala, please use the Eventbrite form below.


Getting here

Uppsala is just 15-20 minutes north of Stockholm’s Arlanda airport. Stockholm is 30 minutes south of the airport. From Arlanda you can take a bus, train or taxi to Uppsala.

Uppsala University
Uppsala Tourism



The organizers have reserved a number of rooms in three different hotels, all within a 5-minute walk from the University Main Building where the workshop will take place. Participants should contact the hotels directly to reserve a room, indicating a preference for single or double accommodation, and whether a double room is acceptable in lieu of a single. Again, these rooms will be allocated according to the order of receipt of requests. Payment will be made by participants directly to respective hotel, but in order to benefit from the preferential workshop rates, participants need to quote the reference indicated below at the time of booking. Rooms have been reserved for the period of July 1 to July 5, and will be held by the hotels until May 31, when they become available for general booking. Room prices are given in Swedish Kronor/Euro/U.S. dollars and include a breakfast buffé (but please note that the exchange rate may fluctuate!).

Hotel Uppsala
Tel. +46 (0)18 480 50 07
Single/double: 669/ 869 SEK     77/100 €                105/135 $
Reference: 140494

Clarion Hotell Gillet
Tel. +46 (0)18 -68 18 00
Single/double: 580/880 SEK     65/100€                90/135 $
Reference: 82332

First Hotell Linné
Tel. +46 (0)18 10 20 00
Single/double: 690/890 SEK     78/100€                106/136 $
Reference: -30UPP010714