Faculty and Administration Profiles

Cynthia M. Ho

About

Professor Cynthia Ho is the Director of the Intellectual Property Program at Loyola University Chicago. She teaches courses in Intellectual Property including Intellectual Property (survey of IP including trademark, copyright, patent, and trade secrets), IP Colloquium, and Global Access to Medicine: A Patent Perspective, as well as Civil Procedure. Professor Ho has been a faculty member at Loyola since 1997. In addition, she taught at Emory School of Law during Spring 2005.

Professor Ho strives to foster improved understanding of the law through a variety of means, including traditional publications, as well as providing input to government organizations. She has written articles on various aspects of intellectual property law that have appeared in major law reviews, and been cited in several intellectual property and patent law case books as well as in international reports. She has also authored several interactive lessons in patent law for the Center for Computer Assisted Legal Instruction (CALI), which are available to law students nationwide.

She has made particular contributions in the area of international intellectual property, as well as patent issues involving biotechnology or health policy. For example, she has served as a consultant to the United Nations Convention on Biological Diversity (CBD) on an issue at the interface of international patent law and biotechnology and has provided consultation to the National Institutes of Health (NIH). In addition, she has authored articles on international intellectual property issues in biotechnology for an Encyclopedia on Ethical, Legal and Policy Issues in Biotechnology. She provided input, together with Visiting Professor Matthew Herder, to the South African government regarding proposed regulations that mirror the prop rights (PDF). She also wrote an accessible book on the impact of patent and related rights on access to medicine in the global arena to help scholars and students from a variety of disciplines, as well as policy makers.

In addition to her teaching and scholarship, Professor Ho is involved in mentoring students as they seek educational and employment opportunities in intellectual property law. For example, she works with the Career Resources office to prepare students for the Loyola Patent Interview Program, the largest national interview program for patent jobs. She is also an active member of local IP groups including the Intellectual Property Lawyers Association of Chicago (IPLAC). As the Chair of the IPLAC Law School Outreach committee she has repeatedly hosted a speed mentoring program for Chicago area students. In addition, Professor Ho co-founded the Chicago Intellectual Property Colloquium, which exposes a select group of students from Loyola and Chicago-Kent to leading academic experts and prominent practitioners in the field.

Prior to joining the faculty at Loyola, Professor Ho was an associate at Fish & Neave (now the Fish & Neave IP group of Ropes & Gray). She handled a variety of matters including litigating high-technology cases involving patents, trade secrets and unfair competition. In addition, as a member of the Patent Bar, she drafted and prosecuted patent applications both domestically and internationally involving medical, immunological and mechanical inventions.

Degrees

BA, Boston University, 1990
JD, Duke, 1993

Program Areas

Civil Procedure
Comparative Perspectives on Patent Law, Policy & Health Care
Global Access to Medicine: Patent Perspectives (1L per-elective)
Intellectual Property Colloquium
Intellectual Property Law
Patent Law Seminar

Selected Publications

Books

Access to Medicine in the Global Economy: International Agreements on Patent and Related Rights (Oxford University Press 2011) [For more information or to purchase a copy, click here]

Q&A: Patents (Lexis 2007)

Articles

“First Amendment Overprotection of ‘Alternative Facts’: The Case of Cognitive Biases With Pharmaceutical Marketing,” 94 Indiana L. J. (forthcoming 2019) [article] (noted on Larry Solum Legal Theory Blog)

“Regime Shift of IP Lawmaking and Enforcement from WTO to the International Investment Regime, 18 Minn. J. L. Sci & Tech (2017)(co-authored) [article]

“An Active Learning Approach to Teaching Tough Topics: Personal Jurisdiction as an Example, 65 J. Legal Ed. 772 (2016)(co-authored) [article]

Sovereignty Under Siege: Corporate Challenges to Domestic Intellectual Property Decisions, 30 Berkeley Technology Law Journal 213 (2015) [article]

Should All Drugs be Patentable? A Comparative Perspective, 17 Vanderbilt Journal of Entertainment & Technology Law 295 (2015) [article]

“Drugged Out: How Cognitive Bias Hurts Drug Innovation,” 51 San Diego Law Review 419(2014), [article]

“Global Access to Medicine: The Influence of Competing Patent Perspectives,” 34 Fordham Intl L. J. 1 (2011), [article]

Unveiling Competing Patent Perspectives, 46 Houston Law Review 1047 (2009) [article]

Unveiling Competing Patent Perspectives, 46 Houston Law Review 1047 (2009) [article]

On Breaking Patents? Separating Strands of Fact from Fiction Under TRIPS, 34 NC J. In'tl L & Comm Reg. 371 (2009) [article]

A New World Order for Addressing Patent Rights and Public Health, 82 Chicago Kent L. Rev. 1469 (2007) [article]

Lessons from LabCorp v. Metabolite, 37 Santa Clara L & Tech L J (2007), [article]

Biopiracy and Beyond: A Consideration of Socio-Cultural Conflicts with Global Patent Policies, 39 U. of Mich. J. of Law Reform 433 (2006) [article]

Do Patents Promote the Progress of Justice?: Reflections on Varied Visions of Justice, 36 Loy.U.Chi. L.J. 469 (2005) [article]

Inoculation Inventions: The Interplay of Infringement and Immunity in the Development of Biodefense Vaccines, 8 J. Health Care Law & Pol. 111 (2005) [article]

Attacking the Copyright Evildoers in Cyberspace, 54 SMU L. Rev. 1561 (2002) [article]

Who Deserves the Patent Pot of Gold?: An Inquiry into the Proper Inventorship of Patient-Based Discoveries 2 Hous. J. Health L. & Pol'y 107 (2002) [article]

Splicing Morality and Patent Law: Issues Arising from Mixing Mice and Men, 2 Wash.U.J.L. & Pol'y. 247 (2000) [article]

Patents, Patients and Public Policy: An incomplete Intersection at 35 U.S.C. 287(c), 33 U.C. Davis L. Rev.601 (2000) [article]

Other Publications

“TRIPS Flexibilities Under Threat From Investment Disputes: A Closer Look at Canada’s ‘Win’ Against Eli Lilly,” Intellectual Property Watch, April 27, 2017

“Million Dollar Mistake?  The Cost of Limiting or Canceling IP Rights, PatentlyO Blog, Mar 29, 2015

“The Role of Conflicting Patent Perspectives for Compulsory Licenses,” in Global Perspectives of Patent Law (Margo Bagley & Ruth Okedije, eds, Oxford University Press2014)

“Beyond Patents: Global Challenges to Affordable Medicines,” in The Globalization of Health Care (Glen Cohen, ed., Oxford University Press 2013)

"Current Controversies Concerning Patent Rights and Public Health in a World of International Norms," in Patent Law and Theory: A Handbook of Contemporary Research (Takenaka, ed., 2009) [book chapter]

"Extraterritorial Infringement Under 271(f)," Center for Computer-Assisted Legal Instruction (CALI) Lesson (2008), at www.cali.org

"Introduction to TRIPS," Center for Computer-Assisted Legal Instruction (CALI) Lesson (2008), at www.cali.org

"Advanced Issues under TRIPS," Center for Computer-Assisted Legal Instruction (CALI) Lesson (2008), at www.cali.org

"Agricultural Biotechnology in a Post-TRIPS World and Beyond: Addressing Social Policies in a Pro-Patent Environment," in Agricultural Biotechnology and Intellectual Property: Seeds of Change, (2007, CABI Publishing of Oxford University Press)

"Patent Rights versus Public Health in a Post-TRIPS World," in Selected Papers On High Technology Law (2006)

"Disclosure of Origin and Informed Consent for Applications of Intellectual Property Rights Based on Genetic Resources: A Technical Study of Implementation Issues," an independent report prepared for and at the request of the United Nations Convention on Biological Diversity, published as an information document to the Ad Hoc Open-Ended Working Group on Access and Benefit Sharing, UNEP/CBD/WG-ABS/2/INF/2 (Sept. 29, 2003).

"International Intellectual Property Issues in Biotechnology" in Encyclopedia of Ethical, Legal and Policy Issues in Biotechnology (2002)

"What's Unfair About Copying Music From Napster?: Examining Fair Use and Napster," Loyola E-Magazine, Spring-Summer 2001

"International Intellectual Property Issues in Biotechnology" in Encyclopedia of Ethical, Legal and Policy Issues in Biotechnology (2000)

Recent Presentations

“What Safeguards Exist for Public Policy and TRIPS Flexibilities after Philipp Morris and Eli Lilly Disputes,” Enforcing Intellectual Property in Trade and Investment Agreements: What Safeguards for its Social Function?, XIXth EIPIN Congress, University of Strasbourg, European Parliament, Strasbourg, France, April, 25 2018

“Can Embracing Human Rights Better Balance IP Issues in ISDS Disputes?,” JETLaw Symposium on Dramatic Changes: International Trade’s Effect on Intellectual Property and Human Rights, Vanderbilt University, Jan. 25, 2018

“Manageable Modifications to Achieve Real World Readiness,” Institute for Law Teaching and Learning, Washburn School of Law, June, 2016

“Teaching Tough Topics: Personal Jurisdiction,” presentation for Panel on the Pedagogy of Procedure: Using Civil Procedure to Showcase Innovative Teaching Methods, American Association of Law Schools, January, 2016 (selected)

“Regime Shifting of IPR Law-Making and Enforcement to International Investment Law,” selected for presentation at American Society of International Law, Oct. 24, 2015

“Collision Course: International IP versus Investment Agreements,” Conference on Patent Sovereignty and International Law, UC Irvine, Oct. 16, 2015

Panelist, On Professionalism & Balance: Academic and Personal Success, 12^th Annual LatCrit-SALT Junior Faculty Development Workshop, William S. Boyd School of Law, Las, Vegas, NV, Oct. 9, 2014

Panelist, Supreme Court Review, Chicago-Kent School of Law, September 12, 2014.

“A New Challenge to Domestic Ability to Determine Intellectual Property Rights: Evaluating Eli Lilly’s Investor-State Arbitration Claim for Invalidation of Patent Rights,” Intellectual Property Scholars Conference, Boalt Law School, Aug. 7, 2014

“Beyond Borders; Unbounded Intellectual Property Claims,” Hofstra IP Colloquium, Mar. 24, 2014

“Should All Drugs be Patentable?  Cardozo IP and Innovation Colloquium, Feb. 24, 2014

“The Human Right to Health and Medicine: IP Issues,” Assessing the New Generation of Human Rights Provisions in Free Trade Agreements, Loyola University of Chicago School of Law, Feb. 14, 2014

“Should All Drugs be Patentable Subject Matter?: A Comparative and Cognitive Bias Approach,” Patents 101: Eligibility from Computer Code to Genetics, Vanderbilt Law School, Jan. 24, 2014

“Drugged Out,” IP and Public Health Symposium, John Marshall Law School, Nov, 2014

“Individualized Education: Using Online Tools and Videos to Reach all Students” Conference for Law School Computing, Chicago Kent School of Law, June 15, 2013

“Implementing the Carnegie Apprenticeships of Knowledge and Practice: A ‘Mystery Statute’ Approach to Substantive Knowledge and Lawyering Skills,” Hybrid Law Teaching Conference, Institute for Law Teaching and Learning, Washburn School of Law, June 9, 2013

“Current Framework of International Treaties and the Availability of Generic Drugs,” Vector PhARMA International Seminar, Mexico City, June 4, 2013

“Cognitive Biases in Treaty Interpretation and Negotiation,” Emerging Issues In International IP Panel (and Chair), Law and Society Annual Conference, May, 30, 2013

Invited Speaker, "Beyond Patents: The Impact of Patent-Related Rights on Global Access to Medicine", The Globalization of Health Care: Legal and Ethical Challenges, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School, May 2011 (invited)

"In-transit (Patent) Infringement: Trouble Under TRIPS and Beyond," Pharmaceuticals in Developing and Emerging Economies: Production, Innovation, and Access to Medicines in the wake of TRIPS, University of Hyderabad & Deakin University, Hyderabad, India, September 8 2010

Chair and Presenter, IP in an Evolving Era, Law and Society Conference, Chicago, IL, May 2010

Invited Speaker, IP and Social Justice Panel, Conference of Asian Pacific American Law Faculty, University of Arizona, March 5, 2010

Invited Speaker, Southern Illinois University Distinguished Visiting Fellow in Intellectual Property Law, October 14, 2009

Perspectives on Justice Symposium, University of South Carolina School of Law, October 26, 2009

Panelist, Bilski - What is the Future for Business Method Patents, IP Owner's Annual Meeting, Chicago, IL, September 15, 2009

"Competing Patent Perspectives in Domestic and International Law," A2K Workshop, Institute of Global and International Studies, George Washington University, June 8, 2009

"Unveiling Competing Patent Perspectives," Symposium on Intellectual Property in the International Perspective, Symposium website: http://www.ipilsymposium.org, University of Houston Institute for Intellectual Property & Information Law (IPIL), Santa Fe, NM, June 6, 2009

"Patents as Perverse Incentives, " Research Gone Wrong Panel Session, Law & Society Conference University of Denver, May 2009

"Competing Patent Perspectives," Michigan State University College of Law Faculty Colloquium, November 11, 2008

"International Intellectual Property Issues for a Pandemic," Symposium on Preparing for a Pharmaceutical Response to Pandemic Flu, Seton Hall School of Law, October 24, 2008

"On Breaking or Balancing Patents," Intellectual Property Scholars Conference, Stanford Law School, August 8, 2008

"On Breaking or Balancing Patents," Law & Society Annual Conference, Montreal, May 30, 2008

"On Breaking or Balancing Patents," Western Law Teachers of Color Conference, University of Denver, April 2008

"Inventorship and Ownership: Patent Implications of Genetic Research," One Origin, One Race, One Earth: Genetics, Human Rights and the Next Phase of Human Evolution, University of Calgary, November 17, 2007

"Patents and Public Health: Separating Strands of Fact from Fiction," Intellectual Property Scholars Conference, Depaul College of Law, August 10, 2007

Panelist, From Infringement to Innovation: Counterfeiting and Enforcement in the BRICs, Of Brics and Mortar: Technology Drivers in Booming Economies, Northwestern University School of Law, April 13, 2007

"Towards a New World Order of Patents and Public Health," Conference on Patents and Progress: Reflections in the Midst of Change, Seventh Annual Center for Intellectual Property Law and information Technology Symposium, DePaul University College of Law, March 15, 2007

"Are Patent Thickets a Problem for Public Health?" Conference on the Future of Patent Reform, Ohio State School of Law, February 23, 2007

"Immoral Patents: An International Problem," Patenting People Conference, Cardozo School of Law, Nov. 12. 2006

"Predicting the Scope of Patentable Subject Matter After Metabolite," Conference on Patent Law: Recent Developments and Proposals for Reform, Santa Clara School of Law, October 27, 2006

"Unbounded Patent Liability: Infringement for Extraterritorial Activity," Intellectual Property Scholars Conference," Berkeley, CA, August 2006

"Unbounded Patent Infringement: Liability for Actions Beyond National Borders," AALS Conference on Intellectual Property Law, Vancouver, BC, June 16, 2006

Commentator at the 6th Annual Loyola Antitrust Colloquium, April 28, 2006

"Immoral Patents," Faculty Lecture Series, Capital University School of Law, April 10, 2006

"An Introduction to American Patent Law," and "Patent Rights versus Public Health in a post-TRIPS World," University of Gdansk, Poland, October 2005

"Immoral Inventions," Works in Progress IP Colloquium, Washington University School of Law, October, 2005

"Preserving Access to Medicine in a TRIPS-Plus World," High Technology Protection Summit, University of Washington School of Law, July 2005

"Promoting the Proper Progress of Science?: A Consideration of the Role of Morality for Controversial Biological Innovations," Interdisciplinary Conference, University of Minnesota, Summer 2005

"Innovation and Invention: A Tale of Biopiracy, Patents and International Law," Intellectual Property Speaker Series, Cardozo School of Law, New York, November 2003

Panelist on "AIDS Drugs, Cipro and National Emergencies," at Conference on Patent Law, Social Policy and Public Interest: The Search for a Balanced Global System, Benjamin Cardozo School of Law, New York, November 2002

"Patent Law Issues in Biotechnology and Global Health," AALS Annual Conference, New Orleans, January 2002

"Use of Patented Research Tools Abroad: Loophole or Liability?," Bioinformatics Symposium at Boston University School of Law; transcript published at 8 B.U.J. Sci. & Tech.L. 218 (2002)

"Patentability of Biotechnology in Europe," paper and presentation at Third Annual Finnegan Memorial Lecture in Intellectual Property, George Washington University School of Law, September 1998