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Daniel J. Gervais

Milton R. Underwood Chair in Law
Professor of French
Director, Vanderbilt Intellectual Property Program
Faculty Co-director, LL.M. Program

Daniel Gervais focuses on international intellectual property law, having spent 10 years researching and addressing policy issues on behalf of the World Trade Organization, the World Intellectual Property Organization, the International Confederation of Societies of Authors and Composers, the International Federation of Reproduction Rights Organizations, and Copyright Clearance Center, Inc. He is the author of The TRIPS Agreement: Drafting History and Analysis, a leading guide to the treaty that governs international intellectual property rights. Before joining Vanderbilt Law School in 2008, Professor Gervais was acting dean of the Common Law Section at the University of Ottawa, where he also served as vice-dean for research and received funding for his research from the Social Sciences and Humanities Research Council of Canada and from the Ontario Ministry of Research and Innovation. Before entering the academy, he practiced law with Clark Woods and as a partner with the technology law firm BCF in Montreal. He also served as a consultant and legal officer at the WTO, as head of the Copyright Projects section of the WIPO, and as vice-president of international relations at CCC. In addition, he was a consultant with the Paris-based Organization for Economic Cooperation and Development. He has been a visiting professor at numerous international universities, a visiting scholar at Stanford Law School, and is a visiting lecturer at the University of Amsterdam. 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 and editor of In 2012, he was the first North American law professor admitted to the Academy of Europe. He is a member of the American Law Institute.

Research Interests

International intellectual property law

Representative Publications

  • (Re)structuring Copyright: A Comprehensive Path to International Copyright Reform, Elgar Publishing (2017)
  • International Intellectual Property: An Advanced Introduction, Elgar Publishing (2016) (with Susy Frankel)
    Full Text | WWW
  • The TRIPS Agreement: Drafting History and Analysis, Sweet & Maxwell (4th edition, 2012) (previous edition cited by the Supreme Court of the United States and several Advocate Generals' Opinion, Court of Justice of the European Union)
  • Intellectual Property, Trade and Development, Oxford University Press (2007) (editor)
  • Collective Management of Copyright and Related Rights, Kluwer Law International (3d ed. 2015)
  • "The Derivative Right, or Why Copyright Protects Foxes Better Than Hedgehogs," 15 Vanderbilt Journal of Entertainment and Technology Law 755 (2013)
    Full Text | SSRN | WWW
  • "Traditional Innovation and the Ongoing Debate on the Protection of Geographical Indications," in Intellectual Property and Indigenous Innovation, Australia National University Press (2012) (Peter Drahos and Susy Frankel, editors)
    Full Text | WWW
  • "Golan v. Holder, A Look at the Constraints Imposed by the Berne Convention," 64 Vanderbilt Law Review En Banc 147 (2011) (cited by the Supreme Court of the United States)
    Full Text | SSRN | PDF
  • "Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation," 77:5 Fordham Law Review 2353 (2009)
    Full Text | SSRN
  • "The Tangled Web of User-Generated Content," 11 Vanderbilt Journal of Technology And Entertainment Law 841 (2009)
    Full Text | SSRN