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Tel: 215.573.7780
Fax: 215.573.2025
Office Room: Gittis 202
Email: sbalganesh@law.upenn.edu
Expertise
- Intellectual Property
- Law and Technology
- Property Law
Bio
Shyam Balganesh’s scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law.
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Shyam Balganesh’s scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law. His most recent work analyzes how the common law idea of ‘foreseeability’ might be employed to shape the scope of copyright law, and the benefits of understanding copyright as a conditional common law entitlement rather than as a property right. Balganesh received his J.D. from the Yale Law School, where he was an Articles and Essays Editor of the Yale Law Journal and a Student Fellow at the Information Society Project (ISP). Prior to that he spent two years as a Rhodes Scholar at Balliol College, Oxford, and received a B.C.L. and an M.Phil in Law from Oxford University.
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Representative Professional Positions
Penn Law – Assistant Professor of Law (2009- )
University of Chicago Law School – Bigelow Fellow & Lecturer in Law (2007-09)
Cravath, Swaine & Moore LLP, New York – Summer Associate (2006)
World Bank - Legal Consultant (Summer 2005)
Union for the Public Domain (UPD), Washington, DC - Board Member and World Intellectual Property Organization Standing Committee on Copyright & Related Rights (WIPO-SCCR) Representative (2004- )
Law Clerk to Justice (later Chief Justice) V.N. Khare of the Supreme Court of India (Winter 2002)
Representative Publications
Foreseeability and Copyright Incentives, 122 HARV. L. REV. 1569 (2009).
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Debunking Blackstonian Copyright, 118 YALE L.J. 1126 (2009).
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Demystifying the Right to Exclude: Of Property, Inviolability, and Automatic Injunctions, 31 HARV. J L. & PUB. POL’Y 593 (2008).
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The Social Costs of Property Rights in Broadcast (and Cable) Signals, 22 BERKELEY TECH. L.J. 1303 (2008).
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Rethinking Copyright: Property Through the Lenses of Unjust Enrichment and Unfair Competition, 156 U. PA L. REV. PennUmbra 345 (2008).
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Common Law Property Metaphors on the Internet: The Real Problem with the Doctrine of Cybertrespass, 12 MICH. TELECOMM. & TECH. L. REV. 265 (2006).
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Property Along the Tort Spectrum: Trespass to Chattels and the Anglo-American Doctrinal Divergence, 35 COMMON L. WORLD REV. 135 (2006).
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Copyright and Free Expression: Analyzing the Convergence of Conflicting Normative Frameworks, 4 CHI.-KENT J. INTELL. PROP. 45 (2004).
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For additional publications, please consult Current & Recent Research
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