Biography
Daniel Gervais focuses on international intellectual property law and the law of artificial intelligence. He spent 10 years researching and addressing policy issues as a legal officer at the World Trade Organization, head of the Copyright Projects section of the World Intellectual Property Organization, deputy secretary general of the International Confederation of Societies of Authors and Composers (CISAC), and vice chair of the International Federation of Reproduction Rights Organizations. He is the author of The TRIPS Agreement: Drafting History and Analysis, a leading guide to the text that governs international intellectual property rights, now in its fifth edition.
Before joining the Vanderbilt Law faculty in 2008, Professor Gervais served as Acting Dean and Vice Dean for Research of the Common Law Section at the University of Ottawa. Before entering the academy, he practiced law as a partner with the technology law firm BCF in Montreal. He was also a consultant with the Paris-based Organization for Economic Cooperation and Development. He has been a visiting professor at numerous international universities and a visiting scholar at Stanford Law School. In 2012, he was the Gide Loyrette Nouel Visiting Chair at Sciences Po Law School in Paris. He is editor-in-chief of the peer-reviewed Journal of World Intellectual Property. In 2012, he was the first North American law professor admitted to the Academy of Europe. In 2017, he became chairman of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). In 2022, he was a Distinguished Fulbright Chair at Carleton University. He is a member of the American Law Institute, where he serves as Associate Reporter on the Restatement of the Law, Copyright Project.
Programs
Education
Doctorate, University of Nantes (France)
Diploma of Advanced International Studies, Geneva, Switzerland
LL.M., University of Montreal
LL.B., McGill University/University of Montreal
D.E.C., (Science) Jean-de-Brebeuf College, Montreal
Related Resources
Publications
TRIPS Pluralism
"TRIPS Pluralism," 21 World Trade Review 185 (Cambridge University Press, 2021)
FULL TEXT: | WWWThe Machine As Author
"The Machine as Author," 105 Iowa Law Review 2053 (2020)
FULL TEXT: SSRN(Re)structuring Copyright: A Comprehensive Path to International Copyright Reform
(Re)Structuring Copyright: A Comprehensive Path to International Copyright Reform, Elgar Publishing (2nd edition, 2019)
FULL TEXT: | WWWExploring the Interfaces Between Big Data and Intellectual Property Law
"Exploring the Interfaces Between Big Data and Intellectual Property Law," 10 Journal of Intellectual Property, Information Technology and Electronic Commerce Law 3 (2019)
FULL TEXT: SSRNInternational Intellectual Property: An Advanced Introduction
International Intellectual Property: An Advanced Introduction, Elgar Publishing (2016) (with Susy Frankel)
FULL TEXT: | WWWCollective Management of Copyright and Related Rights
Collective Management of Copyright and Related Rights, Kluwer Law International (3rd edition, 2015)
FULL TEXT: | WWWThe TRIPS Agreement: Drafting History and Analysis
The TRIPS Agreement: Drafting History and Analysis, Sweet & Maxwell (5th edition, 2021) (previous edition cited by the Supreme Court of the United States and several Advocate Generals' Opinion, Court of Justice of the European Union)
FULL TEXT: | WWWThe Derivitive Right, or Why Copyrigh Protects Foxes Better Than Hedgehogs
Golan v. Holder
Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation
"Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation," 77:5 Fordham Law Review 2353 (2009)
FULL TEXT: SSRN