Dariush Keyhani, JD '01

Intellectual property is the "spice" of the modern global economy

Once, long ago, spice was the mainstay of the global economy. Today, few would argue oil plays that role. In the near future, according to Dariush Keyhani, JD, ‘01, the linchpin around which the economy turns will be intellectual property. And he just might be right.

Keyhani is an attorney who practices intellectual property law, which looks at issues around patents, trademarks and copyrights. The explosion of technology, rise of global brands and other factors over the past decade or so have, says Keyhani, created a "world economy dependent on intellectual-property subject matter."

Keyhani is partners with another UB law grad, Jennifer Meredith, J.D. ’01, in their own New York City law firm, Meredith & Keyhani PLLC. The pair work on cutting-edge intellectual property issues. Their first case turned out to be a copyright- and trademark-infringement dispute between Meredith and Keyhani’s client, real estate publication "The Real Deal" and the owner of a similarly named publishing company, The Deal. Despite the fact that The Deal’s owner, legendary investment banker Bruce Wasserstein, retained one of New York City’s biggest law firms, Meredith & Keyhani prevailed, and their client can never be sued on the issue again.

Keyhani became seriously interested in intellectual property law just before coming to UB Law School. After obtaining master’s degrees in science education and later molecular immunology at University of Rochester, he spent a year at the University of Hawaii (his home state) Law School.

JAG

He landed a coveted internship with the Judge Advocate General Corps (JAG) at the Army Litigation Division at the Pentagon, and then an internship with a law firm in New York City. There, he was involved in a major intellectual property case. Two German firms contested the validity of an American firm’s patent for a process that detects HIV and hepatitis B in blood. The patent for the process – which is of vital importance to blood banks the world over – was estimated to be worth $20 million over the life of the American company. Keyhani wrote most of the argument for the firm, which prevailed in the case. "It was quite an experience, a real confidence builder," Keyhani says. "My focus became very sharp on what I wanted to do."

From Hawaii to Buffalo

Knowing he needed to be closer to a major city than enrollment at the University of Hawaii allowed, he applied to just one school as a transfer – UB. He’d heard about UB during his days at University of Rochester, when friends there indicated they’d chosen the school because it had a good academic reputation and was friendly to non-traditional students.

Keyhani arrived at UB "filled with enthusiasm" for this new area of the law. During his studies there, he realized that no journals focused on intellectual property law. "There was very little secondary source information on it because it was such a hot new area,' he remembers. Under the guidance of Professor Shubha Ghosh, Keyhani (with the help of a dozen committed UB student editors), Keyhani developed the Buffalo Intellectual Property Law Journal, the first publication devoted to the topic. He served for a time as editor-in-chief, and just recently submitted an article for publication.

First U.S. lawyer to teach in South Korea

Though Keyhani’s career since leaving UB has been filled with achievement, one of his most noteworthy accomplishments is his relationship with the national university in South Korea. Keyhani was the first lawyer from the United States to serve as a full-time professor in Korea – at Chungnam National University in Daejeon. The exchange was unique because most law-school exchanges take place between countries with similar systems of law – and Korea’s and the U.S.’s systems are different. Yet the Korean government, recognizing the growing importance of intellectual property in its own and the global economy, determined that the country needed to provide such expertise to its law practitioners.

They knew, says Keyhani, "that more intellectual property cases are tried in the U.S. than anywhere else." Thus, American lawyers are the current keepers of the intellectual property flame, so to speak. Because of his expertise, Keyhani was courted and engaged by the university. He has spent the past year and a half teaching and interacting with senior judges in Korea’s patent court, trial courts and lawmakers, patent examiners and other high-level professionals within the country’s legal system. He leaves for his last semester of teaching in March.

The academic exchange will continue, however, on another level. Keyhani has kept up many connections in Buffalo – at UB and Hodgson Russ law firm where he interned. He and the dean of the Korean law school where he taught recently met with UB law-school professors and developed the first-ever substantive collaboration between a Korean and an American law school. Students who hold a first degree in law from a Korean university will be able to come to UB and obtain a master’s degree in law.

Defending Ghettopoly

For now, Keyhani’s work in the U.S. continues. An ongoing case – an intellectual-property infringement lawsuit against the creator of the game Ghettopoly – has garnered a good deal of national attention. Even though Keyhani finds the game tasteless on a personal basis, he’s representing the game’s creator because of its significant First Amendment-related issues. "On the substantive [intellectual property] issues," Keyhani says, "I think we have a strong case."

His enthusiasm for the subject is infectious: "Today, at their essence, the most valuable assets in the economy are intellectual property – a process for making a new drug, the creative expression of a copyright, a trademark like Starbucks. We have no choice but to know about intellectual property," he says. If Keyhani is correct in his assessment of intellectual property’s role in the world economy, his own role as a leading light in the field should be assured.

Written by Grace Lazzara
March 2004

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