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Opening and introduction

M. Christophe Geiger

Professeur à l’Université de Strasbourg et Directeur général du CEIPI. Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France) Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany) as well as Spangenberg Fellow at the Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University School of Law in Cleveland (US), and has been invited to teach as visiting professor in several universities. He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by LexisNexis, co-editor of the EIPIN series published by Edward Elgar, co-editor of the CEIPI-ICTSD Publication Series on “Global Perspectives and Challenges for the Intellectual Property System” and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), “Research Handbook on Human Rights and Intellectual Property” (2015) with Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), with LexisNexis.

This session will include the opening remarks of Craig Nard and Christophe Geiger as well as the first substantive block, i.e. the way IP is addressed by European courts.

Durée :

Intellectual Property and the Judiciary

Du au

Palais Universitaire, Strasbourg

Université de Strasbourg - CEIPI - Centre d'études internationales de la propriété intellectuelle

Study the role of the judiciary in the elaboration and implementation of IP law.
Look at the way IP is applied in different court systems, be it in general courts, in specialized IP courts and quasi-judicial bodies as well as in specialized non-IP courts
Draw conclusions on how to ideally design courts in the future so that they can deal with IP in a balanced and most efficient manner/way
Draw conclusions on how to best train the judiciary of an IP court.

http://www.ceipi.edu/

Thème(s) : Sciences juridiques

Sciences juridiques et politiques

Producteur : Université de Strasbourg

Réalisateur : Université de Strasbourg

SESSION 1 - IP AND EUROPEAN COURTS

Opening and introduction

M. Christophe Geiger

Professeur à l’Université de Strasbourg et Directeur général du CEIPI. Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France) Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany) as well as Spangenberg Fellow at the Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University School of Law in Cleveland (US), and has been invited to teach as visiting professor in several universities. He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by LexisNexis, co-editor of the EIPIN series published by Edward Elgar, co-editor of the CEIPI-ICTSD Publication Series on “Global Perspectives and Challenges for the Intellectual Property System” and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), “Research Handbook on Human Rights and Intellectual Property” (2015) with Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), with LexisNexis.

Keynote lecture: IP Instruments and Tribunals at National, Regional and International Level

Mme Susy Frankel

Professor at the School of Law of Victoria University of Wellington (New Zealand) Susy Frankel is a Professor of Law and Director of the New Zealand Centre of International Economic Law, at Victoria University of Wellington. Since 2008 she has been Chair of the Copyright Tribunal (NZ). She has been a visiting professor at several universities including the University of Haifa, University of Iowa, University of Western Ontario, and as a Senior Fulbright Scholar and Senior Hauser Global Research Fellow at New York University Law School. Susy’s published research is in the field of international intellectual property law and particularly its nexus with both international trade and the protection of indigenous peoples’ intellectual property. She is the current president of the International Association for the Advancement of Teaching and Research of Intellectual Property (ATRIP).

Intellectual Property in front of the European Court of Human Rights

M. Christophe Geiger

Professeur à l’Université de Strasbourg et Directeur général du CEIPI. Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France) Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany) as well as Spangenberg Fellow at the Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University School of Law in Cleveland (US), and has been invited to teach as visiting professor in several universities. He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by LexisNexis, co-editor of the EIPIN series published by Edward Elgar, co-editor of the CEIPI-ICTSD Publication Series on “Global Perspectives and Challenges for the Intellectual Property System” and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), “Research Handbook on Human Rights and Intellectual Property” (2015) with Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), with LexisNexis.

Intellectual Property in front of the European Court of Human Rights

M. Jonathan Griffiths

Reader in Intellectual Property Law at the Centre for Commercial Law Studies (CCLS) at the School of Law of Queen Mary University of London (UK) Jonathan Griffiths is Reader in Intellectual Property Law at Queen Mary University of London. He has degrees in English Literature and History and qualified as a solicitor before taking up positions at Nottingham Law School and Queen Mary. His main research interests are in copyright and in the relationship between intellectual property law and fundamental rights and he has written widely in both of these areas. Recent work includes 'Preempting Conflict – a Re-examination of the Public Interest Defence in United Kingdom Copyright Law' [2014] Legal Studies 76 and 'On the Back of a Cigarette Packet: Standardised Packaging Legislation and the Tobacco Industry’s Fundamental Right to (Intellectual) Property' [2015] Intellectual Property Quarterly 343. He co-edited 'Concepts of Property in Intellectual Property', (CUP, 2013) (with HR Howe). He is the editor of the “United Kingdom” chapter of the leading international treatise on "International Copyright Law & Practice" (ed Bently) and is a member of the editorial/advisory boards of the Journal of Media Law, the Media & Arts Law Review and the Nottingham Law Journal. Recently, he has given visiting lectures at the University of Oxford, University of 3 Sheffield, Strasbourg (CEIPI), at City University London and at Meiji and Waseda Universities in Tokyo. He is interested in copyright policy and reform and has been consulted on copyright policy by a number of public bodies including the UK IPO, SABIP, the European Commission, the Dutch Ministry of Justice and the Japanese Cabinet Secretariat. He is a member of the European Copyright Society, a group of scholars founded in 2012, with the aim of creating a platform for critical and independent scholarly thinking on European copyright law. The Society has published several widely-read policy proposals. See, for example, the Opinions on the Deckmyn judgment and on the reference to the CJEU in Svensson.

Chairman: Christophe Geiger, Professor and Director General of CEIPI (France)

Intellectual Property in front of the European Court of Human Rights

Mme Aurora Plomer

Aurora Plomer, Professor of Law and Bioethics at the School of Law of the University of Sheffield (United Kingdom) Aurora Plomer, BA, LLB, MA, PhD is Professor of Law and Bioethics at the University of Sheffield and Director of the Sheffield Institute of Biotechnology, Law and Ethics. Her current research is on the interface between human rights and intellectual property rights. In 2014, she was a Fernand Braudel fellow at the European University Institute in Florence where she undertook research on the history and governance of the European patent system and the Unified Patent Court. Her latest book Patents, Human Rights and Access to Science was published by Edward Elgar in 2015. The book offers a novel perspective on intellectual property rights and the right to access the benefits of science in international law.

Questions and Discussion

M. Christophe Geiger

Professeur à l’Université de Strasbourg et Directeur général du CEIPI. Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France) Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany) as well as Spangenberg Fellow at the Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University School of Law in Cleveland (US), and has been invited to teach as visiting professor in several universities. He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by LexisNexis, co-editor of the EIPIN series published by Edward Elgar, co-editor of the CEIPI-ICTSD Publication Series on “Global Perspectives and Challenges for the Intellectual Property System” and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), “Research Handbook on Human Rights and Intellectual Property” (2015) with Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), with LexisNexis.

Intellectual Property in front of the Court of Justice of the EU

M. Marko Ilešič

Chairman: Guido Westkamp, Professor at the CCLS at Queen Mary University of London (UK)

Intellectual Property in front of the Court of Justice of the EU

M. Paul Maier

Director, EU Observatory on Infringements of IP Rights, Office for Harmonization in the Internal Market (Spain) Paul Maier joined the Office for Harmonization in the Internal Market (Trade Marks and Designs) in May 1995 as chief advisor to the President of the Office.From 2000 until 2005 he has been responsible for the preparations of OHIM in view of the enlargement of the EU and the coming into force of the Regulation on Community Designs. He was nominated President of the Boards of Appeal by the Council of Ministers in December 2005 and confirmed for a second mandate in May 2010.for the preparations of OHIM in view of the enlargement of the EU and the coming into force of the Regulation on Community Designs. He was nominated President of the Boards of Appeal by the Council of Ministers in December 2005 and confirmed for a second mandate in May 2010. Since January 2013, Paul Maier has been appointed as the Director of the OHIM Observatory. The new department incorporates not only the EU Observatory on IPR Infringements, but also the service of the Chief Economist who is in charge of economic studies.

Questions and Discussion

M. Guido Westkamp

The Unified Patent Court

M. Sam Granata

Judge of the Commercial Court of Antwerp (Belgium) and Member of the Unified Patent Court Legal Framework Group on Patent Mediation and Arbitration Sam Granata (1970) is a Judge at the Court of Appeal Antwerp (Belgium), external member of the Enlarged Board of Appeal of the EPO, member of the Legal Framework Group UPC (Subgroup 1: Rules of Procedures of the Court and Subgroup 6: Rules on Mediation and Arbitration), Member of the “Conseil Benelux de la Propriété Intellectuelle” and member of the (Belgian) Board for Intellectual Property Rights (industrial property section). Throughout his professional career (as a IP-lawyer and mediator, university assistant and judge), Sam has proven to have a strong interest in intellectual property law. He obtained a Master of Law at the Catholic University of Law (Louvain, Belgium), a Master in Intellectual Property Law at Franklin Pierce Law Center (now University of New Hampshire)(N.H., US) and a Master of Arts in Interactive Multimedia at the University of London (London, UK). Sam speaks fluent Dutch (mother tongue), English and French and has a good working knowledge of German and notions of Italian. He is the coauthor “Introduction to the Unitary Patent and the Unified Patent Court. The (draft) Rules of Procedures of the Unified Patent Court”, 2013, Wolters Kluwers (Law and Business), 320 p. An updated version is scheduled in the first trimester of 2016.

Chairman: Harald Springorum, Partner at Kiani & Springorum law firm (Germany), Coordinator of the DU Patent Litigation in Europe and Tutor at CEIPI (France)

The Unified Patent Court

M. Jens Schovsbo

The Unified Patent Court

M. Xavier Seuba

Questions and Discussion

M. Noam Shemtov

Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS), Queen Mary University of London