Dan L. Burk
Chancellor’s Professor of Law
Intellectual property (especially cyber law and biotechnology)
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 consistently ranked among the leading intellectual property scholars in the American legal academy. He has been a leading figure in debates over gene patenting, digital copyright, and computer trespass.
Professor Burk has taught intellectual property across the globe at a variety of institutions including Cornell University, the University of California at Berkeley, University of Toronto, University of Lucerne, and University of Haifa. In 2011 he was awarded a Fulbright Scholarship to study German and European Union biotechnology patenting at the Max Planck Institute for Innovation and Competition in Munich. In 2015 he was selected for a Leverhulme visitorship to the London School of Economics and Political Science, where he delivered a series of Leverhulme Public Lectures on “Biotechnology and Software Patenting in the Information Society.”
Professor Burk is the author of numerous papers on the legal and societal impact of new technologies, including articles on personalized medicine, on the legal aspects of electronic sports, and on the trademark implications of search engine keywords. He is the co-author, together with Mark A. Lemley of Stanford University, of The Patent Crisis and How the Courts Can Solve It, published by University of Chicago Press. Much of Burk’s recent scholarship has undertaken interdisciplinary collaboration to open new lines of inquiry in intellectual property law by developing insights from literary theory, critical perspectives, and transaction cost economics.
Professor Burk holds a B.S. in Microbiology (1985) from Brigham Young University, an M.S. in Molecular Biology and Biochemistry (1987) from Northwestern University, a J.D. (1990) from Arizona State University, and a J.S.M. (1994) from Stanford University. He has served as a legal advisor to a variety of private, governmental, and intergovernmental organizations, including the American Civil Liberties Union Committee on Patent Policy and the OECD Committee on Consumer Protection.
Advanced Patent Law, Patent Law, Biotechnology Law, Copyright Law, Technical Protection for Authors, Remedies, Torts, Electronic Commerce, Common Law Analysis: Public Ordering, Cross-Border Trade in IP, Common Law Analysis: Torts, Intellectual Property Survey
- Dan L. Burk, Patent Silences, 69 Vand. L. Rev. 1603 (2016).
- Dan L. Burk, On the Sociology of Patenting, 101 Minn. L. Rev. 421 (2016).
- Dan L. Burk, Copyright, Culture, and Community in Virtual Worlds, 5 Laws 40 (2016).
- Dan L. Burk, Beyond Abstraction: Applying the Brakes to Runaway Patent Ineligibility, 3 J.L. & Biosciences 697 (2016).
- Dan L. Burk, Copyright and the New Materialism in Intellectual Property and Access to Im/Material Goods 44 (Jessica Lai & Antoinette Maget eds, 2016).
- Dan L. Burk, Patents as Data Aggregators in Personalized Medicine, 21 B.U.J. Sci. & Tech. L 233 (2015).
- Dan L. Burk, Diversity Levers, 23 Duke J. Gender. L. & Pol’y 25 (2015).
- Dan L. Burk, Dolly and Alice, 3 J.L. & Biosciences 1 (2015).
- Dan L. Burk, The 'Creating Around' Paradox, 128 Harv. L. Rev. F. 118 (2015).
- Dan L. Burk, The Curious Incident of the Supreme Court in Myriad Genetics, 90 Notre Dame L. Rev. 505 (2014).
- Dan L. Burk, The Inventive Concept in Alice Corp. v. CLS Bank Int’l, 46 IIC – Int’l Rev. Intell. Prop. & Competition L. 866 (2014).
- Dan L. Burk, Copyright and the Architecture of Digital Delivery, 19 First Monday (Oct. 6, 2014).
- Dan L. Burk, Inventing Around Copyright, 109 Nw. U. L. Rev. Online 64 (2014).
- Dan L. Burk & Jessica Reyman, Patents as Genre: A Prospectus, 26 Law & Lit. 190 (2014).
- Dan L. Burk, Means and Meaning in Patent Remedies, 92 Tex. L. Rev. See Also 13 (2013).
- Dan L. Burk & Brett H. McDonnell, Ancillary Patent Markets and the Firm, 3 Queen Mary J. Intell. Prop. 118 (2013).
- Dan L. Burk, Are Human Genes Patentable?, 44 IIC – Int’l Rev. Intell. Prop. & Competition L. 747 (2013).
- Dan L. Burk, Owning e-Sports: Proprietary Rights in Professional Computer Gaming, 161 U. Pa. L. Rev. 1535 (2013).
- Dan L. Burk, Edifying Thoughts of a Patent Watcher: The Nature of DNA, 60 UCLA L. Rev. Discourse 92 (2013).
- Dan L. Burk, Anticipating Patentable Subject Matter, 65 Stan. L. Rev. Online 109 (2013).
- Dan L. Burk, The Law and Economics of Intellectual Property: In Search of First Principles, 8 Ann. Rev. L & Soc. Sci. 397 (2012).
- March 8, 2017:
Speaker, “Legal and Technical Standards in the Global ‘Smartphone Wars,’” Spring Intellectual Property Seminar, Queen Mary’s University of London Centre, Paris, France
- March 2, 2017:
Presenter, “On the Sociology of Patenting,” Faculty seminar, Faculty of Law, Sciences Po, Paris, France
- Feb. 17, 2017:
Presenter, “Damages as Injunction Substitute,” 2017 Patent Damages Conference, University of Texas School of Law in Austin
- Feb. 1, 2017:
Presenter, “Alice in Chains: The State of Biotechnology Patenting,” 2017 Law and Biomedicine Colloquium series, University of Utah
- Jan. 27, 2017:
Speaker, “DNA Copyright in the Administrative State,” 50th anniversary of the UC Davis Law Review, UC Davis
- Nov. 25, 2016:
Presenter, “The Discursive Structure of Patent Law,” Osgoode Hall Law School at York University, Toronto
- Nov. 24, 2016:
Presenter, “On the Sociology of Patenting,” Innovation Law and Policy Workshop, University of Toronto
- Nov. 18, 2016:
Speaker, “Hypernarrative and Copyright Law,” Intellectual Property and the Public Interest: Toward a Festschrift for Peter A. Jaszi, American University Washington College of Law
- Oct. 28, 2016:
Organizer, “IP and Human Rights” conference, UC Irvine School of Law
- Oct. 10, 2016:
“Exhaustion of Rights in Digital Objects,” DLA Piper Intellectual Property Lecture Series, Bucerius Law School, Hamburg, Germany
- Oct. 7, 2016:
Speaker, “Legal and Technical Standards in the Smartphone Wars” at the annual meeting of the Association of Internet Researchers in Berlin
- Sept. 4, 2016:
Presenter, “On the Sociology of Patenting” at the 2016 conference on the European Policy for Intellectual Property at the University of Oxford
- July 8, 2016:
Professor Burk’s work on “Copyright and the Cybernetic Circuit” is discussed at the ISHTIP workshop held at the University of Glasgow in Scotland
- Mar. 1, 2016:
Presenter, public lecture on “Exhaustion of Rights in Digital Objects” at the Queen Mary University of London Centre for Commercial Law Studies Seminar in Paris, France
- Feb. 29, 2016:
Presenter, “Property Rules, Liability Rules, and the Public Interest in Patent Remedies” at the CEIPI-BETA Workshop on Law and Economics at University of Strasbourg
- Jan. 22, 2016:
Speaker on patentable subject matter, Los Angeles Intellectual Property Law Association “Washington in the West” program
- Jan. 15, 2016:
Professor Burk speaks on “Importing Virtual Articles” at the University of San Diego School of Law’s 6th Annual Patent Conference
- Dec. 3, 2015:
Keynote speaker on “Gene Patents After the Myriad BRCA Case,” Centre for IT and IP Law, Katholeike Universiteit Leuven in Belgium
- Nov. 27, 2015:
Speaker on “Legal and Technical Standards in the Smartphone Wars,” Digital Culture and Communications Workshop of the European Communication, Research, and Education Association (ECREA), University of Salzburg in Austria
- Nov. 6, 2015:
Presenter, “Patent Non-Disclosure,” Symposium on The Disclosure Function of the Patent System, Vanderbilt University Law School
- Sept. 2, 2015:
Speaker at 10th Annual Conference on European Policy for Intellectual Property at the University of Glasgow, Scotland, United Kingdom
- May 14, 2015:
Speaker, “Patents as Data Aggregators in Personalized Medicine,” Oxford Intellectual Property Research Centre, Oxford University
- May 8, 2015:
Professor Burk presents the Trinity Term Bellwether Lecture at the Oxford Internet Institute, Oxford University
- April 27, 2015:
Professor Burk presents the annual Josef Kohler Lecture on Patents, “Some Simple Law and Economics of the Smartphone Wars” at Humboldt University in Berlin
- April 24, 2015:
Speaker on “Copyright, Culture, and Community in Virtual Worlds,” at the conference on Interactive Entertainment and Intellectual Property Law, Queen Mary University of London
- April 23, 2015:
Presenter, CIPIL Intellectual Property Seminar on “Inventing Around Copyright” at the Faculty of Law, Cambridge University
- April 18, 2015:
Commentator at the Stanford Law School conference on The PTO and the Courts
- April 7, 2015:
Commentator on genomics and intellectual property at the 10th Anniversary Celebration Conference, Centre for Intellectual Property and Information Law, at Cambridge University
- March 28, 2015:
Professor Burk speaks on “Perverse Innovation,” at the Innovation Law Beyond IP 2 Conference, Yale Law School
- March 13, 2015:
Presenter, Leverhulme Public Lecture on “Patenting Information Technologies,” London School of Economics
- March 10, 2015:
Presenter, Leverhulme Public Lecture on “The Software Patent Puzzle,” London School of Economics
- March 6, 2015:
Presenter, Leverhulme Public Lecture on “The Gene Patent Controversy,” London School of Economics
- Dec 3, 2014:
Presenter of seminar “Does Intellectual Property Have Gender?” at the World Intellectual Property Organization, Geneva, Switzerland (Video of seminar)
- Dec 1, 2014:
Presenter, “Inventing Around Copyright” at the CEIPI-BETA Law and Economics workshop, University of Strasbourg, France
- Nov 28, 2014:
Speaker on the future of international intellectual property law at Conference on Perspectives for the Intellectual Property System in a Globalized World, at the Council of Europe
- Oct 7, 2014:
Professor Burk presents a public lecture on “Intellectual Property and the Two Cultures: Where Science Meets the Law?” at University of Lucerne, Switzerland
- Oct 6, 2014:
Professor Burk lectures at Faculty of Law at The University of Basel, Switzerland, on “Liability and Exclusivity in Intellectual Property”
- Sept. 12, 2014:
Organizer, The Meaning of Myriad Patent Law Conference, UCI Law
- Sept. 5, 2014:
Speaker at 9th Annual Conference of the European Policy for Intellectual Property Association, at the EU Parliament, Brussels, Belgium
- Aug. 25, 2014:
Speaker on Patents and Personalized Medicine at the Personalized Medicine and Intellectual Property Conference, Boston University School of Law
- Aug. 8, 2014:
Prof. Burk presents his paper on “Inventing Around Copyright” at the 2014 Intellectual Property Scholar’s Conference, UC Berkeley School of Law
- June 23, 2014:
Speaker, “Copyright and the New Materialism,” Computer Ethics: Philosophical Enquiries Conference, Paris, France
- June 10, 2014:
Prof. Burk speaks on patentable subject matter in the U.S. and EU, in the DLA Piper Lecture Series at Bucerius Law School, Hamburg, Germany
- May 16, 2014:
Panelist on software patents at UC Irvine’s Institute for Software Research 2014 Forum
- May 1, 2014:
Speaker, “Intellectual Property, Competitors, and the Firm,” Innovation and Intellectual Property: A Tribute to Suzanne Scotchmer’s Work, UC Berkeley School of Law
- April 29, 2014:
Speaker, “New Developments in Patent Subject Matter,” Howard T. Markey Intellectual Property American Inn of Court in Irvine, California
- April 17, 2014:
Professor Burk presents his work on “The Curious Incident of the Supreme Court in Myriad Genetics” at the Faculty Intellectual Enrichment Series, UC Davis School of Law
- April 5, 2014:
Speaker, “The Curious Incident of the Supreme Court in Myriad Genetics,” 4th Annual Patent Conference, University of San Diego School of Law
- March 30, 2014:
Speaker, “Corporate Structures for Innovation,” Innovation Law Beyond IP Conference, Yale Law School
- March 22, 2014:
Speaker at conference on Patent Trolls and Patent Reform, Stanford Law School
- March 10, 2014:
Speaker on Intellectual Property and Genetically Modified Organisms at UCI Law’s Center for Land, Environment, and Natural Resources (CLEANR)
- March 7, 2014:
Speaker, International Conference on Intellectual Property Governance by Private Collective Entities at the University of Copenhagen, Denmark
- Jan. 27, 2014:
Prof. Burk presents his work on gene patenting at the Transatlantic Workshop on Intellectual Property Research at the Swiss Federal Institute of Technology (ETH), Zurich
- August 2015: Prof. Burk is honored with the 2015 Vanguard Award for outstanding contributions to intellectual property scholarship or public policy by the Intellectual Property Section of the California Bar Association
- October 2014: Prof. Burk selected for the Leverhulme Visiting Professorship at London School of Economics and Political Science, awarded by the Leverhulme Trust
- March 2013: Prof. Burk elected to the American Law Institute
- April 5, 2011: Recipient of a Fulbright Scholar grant to pursue research during the 2010-2011 academic year on comparative biotechnology patent processes in Germany
- Science Magazine: Prof. Burk explains “very messy” doctrine of equivalents in patent law
- Wall Street Journal: Prof. Burk quoted re: Apple fight, courts and parsing functional and expressive aspects of computer code (PDF)
- Buzzfeed: Prof. Burk explains issues, significance of patent that involves CRISPR gene-editing method
- IP Watch: Prof. Burk quoted re: whether International Trade Commission should act against online infringements (PDF)
- MacNewsWorld: Prof. Burk comments on Apple dropping “app store” lawsuit
- The Chronicle of Higher Education: Prof. Burk comments on gene patent ruling by Supreme Court
- International Business Times: Prof. Burk: Gene patent ruling offers hints for future patents
- International Business Times: Prof. Burk on human gene patent case at Supreme Court
- Orange County Register: Prof. Burk quoted in story on water district copyright denial (PDF)
- GigaOm: Prof. Burk comments in story on patenting genes
- ABC News: Prof. Burk comments in story on patents for genes
- To the Point, KCRW 89.9 FM: Prof. Burk comments on gene patent case before high court
- Communications of the ACM magazine: Prof. Burk assesses new patent law reform measures