CEIPI's Newsletter n° 27 - November 07, 2013
CEIPI NEWS
Signature of a Cooperation agreement between the CEIPI (University of Strasbourg) and the IP Academy (IPA) of Singapore
A cooperation agreement between the CEIPI and the IPA of Singapore was signed on August 27, 2013 at the 4th Global Forum on Intellectual Property which took place in Singapore on August 27 and 28, 2013.
This partnership enhances training and research capacities in the field of intellectual property both in Europe and in Asia. It allows the two institutions to cross-benefit from a high level of expertise in comparative approach to European and Asian IP as well as in international aspects of IP.
Within this cooperation, the CEIPI and the IPA will be able to promote exchanges between experts, coordinate training sessions, cooperate in the field of scientific publication and organize joint conferences and international events.
- Lu Lin CHIAM, Executive Director, IP Academy (IPA) of Singapore and Christophe GEIGER, Director General of CEIPI.
RESEARCH ACTIVITIES
CEIPI-ACPI Partnership: Financing doctoral studies on the European patent with unitary effect / research assistant contract
Within the framework of a partnership between the CEIPI and the Association des Conseils en Propriété Industrielle (ACPI), we are looking for a legal scholar with a master’s degree or an LLM in intellectual property who wishes to pursue doctoral studies in intellectual property and write a thesis (in french) on the European patent with unitary effect and on the European Patent Court. The CEIPI will take on academic supervision of the thesis.
Click here to download this offer.
Opening Ceremony of the 4th Edition of the Programme CEIPI / SS. Cyril and Methodius University in Skopje by Guido Westkamp

The opening ceremony for the academic year 2013-2014 of the Programme in Intellectual Property Law offered by the The Ss. Cyril et Methodius University in Skopje (Macedonia), and the CEIPI, in partnership with the members of the EIPIN network, will take place on November 11, 2013 at the premises of the "Iustinianus Primus" Faculty of Law, SS.Cyril and Methodius University, Skopje (Macedonia).
Guido Westkamp, Professor at the Centre for Commercial Law Studies, Queen Mary University of London, will give an inaugural lecture on the topic "Intellectual Property Rigidity and the Evolution of Law".
This innovative initiative includes a program in Skopje that concentrates mainly on the international and European aspects of intellectual property (industrial property, copyright, related rights and other affiliated disciplines), and is taught by academic staff from the CEIPI, from its partners of the EIPIN network and from the faculty in Skopje and from neighbouring countries (Greece, Bulgaria and Serbia).
Click here for further information concerning this diploma.
Invited Speaker Series in Law and Economics of Intellectual Property
“Intellectual Property Rights intensive industries: contribution to economic performance and employment in Europe” by Dr. Nathan Wajsman

We have the pleasure to announce that Dr. Nathan Wajsman, Chief Economist at OHIM will speak on November 25th within the Invited Speaker Series of the CEIPI-BETA Project in Law and Economics of IP.
Dr. Wajsman will give a lecture entitled “Intellectual Property Rights intensive industries: contribution to economic performance and employment in Europe” in which he will present the results of a very recent study carried out jointly by the OHIM and the EPO on this topic. You are warmly invited to join on November 25th at 18:00 in Amphitheatre 29 at CEIPI.
Address: 11, rue du Maréchal Juin, Strasbourg (Escarpe building).
Download a short biography of Dr. Nathan Wajsman.
For inquiries please contact Agnieszka Kupzok: kupzok@unistra.fr.
Seminars in law and economics organized within the framework of the project CEIPI-BETA
In January 2013, the Center for International Intellectual Property Studies (CEIPI) and the Bureau d’Economie Théorique et Appliquée (BETA), launched a common research project in law and economics of intellectual property L&E, under the supervision of Christophe Geiger, Director General of the CEIPI and Julien Pénin, Professor of Economic Sciences from BETA The project will support research on the theme “The strategic roll of intellectual property and the indispensable (re)construction of intellectual property law in the new economic, technical and social environment.”
Within the framework of this CEIPI-BETA cooperation agreement, the L&E workshops in intellectual property have begun again after the summer break. On September 18, 2013 Julien Penin, professor of economics, presented an article entitled “Call to Adapt Copyright to the Digital Economy” published in the journal “Economics and Management” vol. 148. The presentation gave rise to intense and constructive debate. On October 22, 2013, the workshop focused on the presentation of an interdisciplinary project set up between CEIPI and BETA involving lab experiments, providing hence an opportunity to adress issues related to experimental economics' methodology. On November 5, 2013, the workshop compared lawyer's and economist's views on theoretical foundations of intellectual property protection.
The upcoming workshop will take place on December 3, 2013. Practitioners, academics or advanced students interested in this cooperation or who wish to take part in the workshops should contact Agnieszka Kupzok (kupzok@unistra.fr), coordinator of the CEIPI-BETA project. Further information on workshops, summaries, presentations on past workshops or on the CEIPI-BETA project may be found on the site: (http://www.ceipi.edu/index.php?id=13737&L=2 ).
CEIPI series of lectures "Institutional, political and social perspectives on intellectual property"
"Term of Copyright Protection: a Historical Overview of Multilateral Law and Argumentation Used" by Hannu Wager

Within the Framework of CEIPI Series of Lectures “Institutional, Political and Social Perspectives on Intellectual Property”, the CEIPI is pleased to invite you to the public Lecture that will be given by Mr. Hannu Wager, Counsellor in the Intellectual Property Division of the World Trade Organization (WTO) and secretary to the Council for TRIPS on the following topic:
"Term of Copyright Protection: a Historical Overview of Multilateral Law and Argumentation Used".
The event will take place at the CEIPI, on December 3, 2013 at 5.30pm.
You can download the poster of this event and the presentation of this serie of lectures.
Publications
Publication in the CEIPI collection of a volume in honor of professor Schmidt-Szalewski entitled ”Intellectual Property Law in a Globalized World”

We are pleased to announce the imminent publication in the CEIPI collection of a volume in honor of Professor Schmidt-Szalewski entitled “Le droit de la propriété intellectuelle dans un monde globalisé” (Intellectual Property Law in a Globalized World), edited by Christophe Geiger, Director General of the CEIPI, and Caroline Rodà, Lawyer.
Professor Joanna Schmidt-Szalewski dedicated her brilliant academic career to contract law, intellectual property law and to competition law. In 2009 after having been director of the Research Section of the Center for International Intellectual Property Studies (CEIPI), she was awarded the honorary title of Emeritus Professor of the University of Strasbourg. Professor Joanna Schmidt-Szalewski strove to direct her research and teaching toward international law, European Union law and comparative law in her areas of expertise. It is because of her interest in these fields that throughout her career she was invited to the most prestigious universities and research institutes of the world. Her colleagues and friends wished to pay tribute to her with this collective work that brings together contributions on intellectual property law. It is a field that, as she taught, reaches beyond national borders and must be thought of within a European and international framework.
We would be most thankful if you would share this tribute by subscribing to the publication. Please notify us before November 15, 2013.
Click here to dwnload the subscription offer.
Forthcoming publication in the CEIPI Collection: "The image right of each person, between a personality right and intellectual property" by Théo Hassler

We are pleased to announce the forthcoming publication in the CEIPI collection of the work of Théo Hassler, Professor at the CEIPI, entitled: “Le droit à l’image des personnes, entre droit de la personnalité et propriété intellectuelle” (The right to one’s image, between personnality and intellectual property right).
The French “droit à l’image” (right to one’s image) is no longer only a personality right. The commoditisation of images of people has led jurisprudence to adapt to this evolution: the use of an image as a resource implies that it has become an asset which could lead to a new sui generis intellectual property right. This development is the object of academic discussions; the consequences of the various possible classifications are, however, not only theoretical disputes since they have practical implications on the legal regime of image contracts. The objective of this work is to provide students as well as legal practitioners with an up to date study of positive law as well as to give an overview of a field that is rich in case law and that in France lacks recent monographs. This study is all the more necessary since French jurisprudence has considerably evolved under the influence of judgements rendered by the European Court of Human Rights concerning freedom of expression.
Industrial Property Law by Laure Marino

"Industrial Property Law" by Laure Marino, Professor at the Faculty of Law and at the Center for International Intellectual Property Studies (CEIPI), University of Strasbourg, was recently published by Dalloz.
Patents, trademarks, designs and models…Industrial property law holds a privileged position in the world of intellectual property. It is developing dramatically under the influence of Europe and is adapting to technological change.
This handbook provides an overview of industrial property law. It is a precise and clear discussion of the rules applicable to technological invention, to industrial designs and models, to trademarks and to service marks, and to designations of origin. In each case, obtaining protection, defense against infringement, as well as licensing agreements are considered in light of French law, to international law and to European law.
Intellectual property, competition and regulatory aspects of pharmaceutical products by Xavier Seuba
"Intellectual property, competition and regulatory aspects of pharmaceutical products" is a new book edited by Xavier Seuba, Senior researcher and lecturer at the CEIPI, with chapters drafted by Pedro Roffe, Aurelio López-Tarruella, Mariano Genovesi, Miguel Vida-Quadras, Juan Camilo Pérez and David Vivas. This publication, written in Spanish, gathers together fourteen chapters dealing with intellectual property institutions particularly relevant from the public health point of view. The chapters enter, notably, into the details of the regulation and eventual litigation of patent exceptions, patentability requirements, test data protection, and intellectual property enforcement, and reflect about the relevance of norms on consumer protection and human rights protection when implementing new intellectual property norms. Intellectual property, competition and regulatory aspects of pharmaceutical products is the fruit of a two-years research project, and has been co-edited by the International Centre on Trade and Sustainable Development and Universidad Javeriana of Bogotá. It will be officially presented on November 7, 2013 by Mr. Alejandro Gaviria, Minister of Health and Social Protection of Colombia, and Mr. Guillermo Vargas, Member of the Council of State of Colombia.
Click on the picture to enlarge.
Case-law review from the CEIPI's Research Department in Propriété industrielle
We are pleased to announce the launch of an annual case-law review elaborated by the members of the CEIPI's Research Department and some lecturers affiliated to CEIPI, published by LexisNexis Jurisclasseur in the Revue Propriété industrielle (Industrial Property) monthly review. The work will concentrate on important case-law of the Court of Justice and the General Court of the European Union. The first review, under the supervision of Franck Macrez, Associate Professor at CEIPI, entitled “A year of ECJ and GC case-law on industrial property” has been released in November 2013 (p. 26-33). It provides an analysis of recent case-law in trademarks, designs and patents.
CEIPI Student Master Thesis

We would like to inform our readers of the publication online of the thesis from Miss Marion Briatta, student of CEIPI Master 2 Intellectual Property Law and Business for the academic year 2012-2013.
"La pénalisation de la contrefaçon" (The criminalization of the IP infringement) under the direction of Jean Lapousterle, Professsor at the University of Strasbourg and lecturer at the CEIPI.
Click here to download this work.
Yann Basire joins the Research Department of the CEIPI

We are very pleased to announce that Mr. Yann Basire, Assistant Professor at the University of Orléans, has joined the Research Department of the CEIPI.
Yann Basire defended his thesis entitled “Les fonctions de la marque : essai sur la cohérence du régime juridique d'un signe distinctif” (The functions of a Trade Mark: Essay on the Coherence of the Legal Regime Governing a Distinctive Sign) in 2011. He received the prize for the best thesis of the year in private law (September 2011-September 2012) from the Law Faculty of Strasbourg.
Joint research project with Queen Mary University (London)

The Centre for Commercial Law Studies of Queen Mary University (London) invited Professor Jean Lapousterle of the University of Strasbourg and the CEIPI as a visiting scholar from January 1st to June 30, 2014. The objective of this collaborative effort is to work on a common research project concerning the protection of trade secrets, a topic of great interest to French and European companies.
How should protected trade secrets be defined? How should the limits of the criminal offence be determined? What procedures would render this new protection effective? Is it suitable to reinforce the position of those who hold trade secrets by punishing non-authorized use? These are the questions Professor Lapousterle will be investigating.
For more information, please consult:
http://www.ceipi.edu/index.php?id=5531&L=2#c59854
Thesis defence: The Exhaustion of Industrial Property Rights in the AIPO (African Intellectual Property Organization) Erea
On October 3, 2013, Mr. Ampah Johnson – Ansah defended his thesis written under the co-direction of Mr. Yves Reboul, Professor emeritus at the University of Strasbourg and Director of the French Section at CEIPI and Mr. Akuété Santos, Professor at the University of Lomé, on the topic:
"The Exhaustion of Industrial Property Rights in the AIPO (African Intellectual Property Organization) Erea".
The jury was composed of:
Jacques Azéma, Professor at the University Lyon III, Thierry Lambert, Professor at the University of Lorraine, Yves Reboul, Professor emeritus at the University of Strasbourg, (Director), Akuété Santos, Professor at the University of Lomé, (co-Director) and Komi Wolou, Professor at the University of Lomé.
Click here for further information.
EDUCATIONAL AND TRAINING ACTIVITIES
The beginning of the academic year at the CEIPI

On September 16, 2013, the CEIPI welcomed students from Europe, Asia, and America in its Patents program in long tuition and the following days, in its various Master 2 programs in its Trademarks and Industrial Designs program and in its Patent Litigation program.
Every year, the CEIPI trains several hundred of specialists (engineers from prestigious higher education institutes, holders of scientific university degrees, legal scholars with an LLM or an equivalent degree, practitioners who wish to broaden their own knowledge) for a whole range of professions in the IP field.
Enrolment to the Master of Intellectual Property Law and Management (MIPLM), Academic year 2013-2014
Enrolment to the Master of Intellectual Property Law and Management (MIPLM), for the academic year 2013-2014 is open.
This Master addresses students and practitioners with a minimum of three years experience in the Intellectual Property field.
Click on the picture to download the brochure.
You can download the Application form and the Agreement to be sent to the CEIPI.
Deadline for enrolment: November 24, 2013
Seminars and training (CEIPI’s International Section)
Since September 2013, the International Section of the CEIPI has been organizing a new program of study to prepare for the European qualifying examination (EQE) of the European Patent Office (EPO). Training for the EQE 2014 began with units on methodology “PrePrep” and were held in Paris and Strasbourg in the three official languages of the EPO. In November 2013 and January 2014 seminars on the preparation of papers A, B, C and D will be held in Strasbourg, also in the three official languages. This offer is complemented by a specific “resitter” course for paper C in November 2013 and, in January and February 2014, by a cramming course offering a last-minute intensive preparation.

Preparation for the preliminary exam of the EQE consists of a seminar of five days in Strasbourg and of “cramming courses” that will be held for English-speaking and German-speaking candidates in Munich and for French-speaking candidates in Paris.
These classes will be given by professional representatives, experts in European patent law. The team of tutors is composed of members of the European Patent Office as well as representatives working in established firms and legal practitioners.
Since 2012, the CEIPI, in cooperation with the European Patent Office, hosts candidates from countries that are contracting parties to the European Patent Organization and that only have five EQE qualified representatives. Within the framework of this “Candidates Support Program”, the CEIPI has successfully prepared a group of 16 candidates for the preliminary exam. In 2013, these candidates are taking part in a program to prepare the papers A, B and D of the main exam. At the same time, within the framework of cooperation with the EPO, a new group of 23 candidates will participate in training for the preliminary exam in 2014.
Registration for these courses is open. More information and registration forms are available on the CEIPI’s site: www.ceipi.edu/index.php
Basic courses on European patent law
The basic courses on European patent law intended for future professional representatives offers, over a period of two years (one-year intensive course in Paris), a systematic and complete overview of the legal foundations. Most of the courses delivered by the CEIPI in 38 cities and 19 countries in Europe, begin in the autumn of each year, others will begin again at the beginning of 2014.
It should be noted that the most recent basic course began in Prague in September 2013. It aroused keen interest among the future professional representatives. At the beginning of 2014, the first basic course organized in Lisbon will take place.
A few openings in the basic courses are still available. More information and registration forms are available on the CEIPI’s site:http://www.ceipi.edu/index.php?id=5447&L=2
Diploma on Patent Litigation in Europe
- Walter Holzer, in charge of the development and international relations at CEIPI and coordinator of the diploma in Patent Litigation in Europe.
The 11th class of the diploma on Patent Litigation in Europe began in October with a large number of participants. This course, organized by the epi and the CEIPI, is destined for specialists in European patent law who profit from the additional qualification in litigation it offers. The course has proven a great success with members of the profession and includes a growing number of participants each year.
PARTICIPATION OF THE CEIPI TEAM TO SYMPOSIUMS, CONFERENCES AND OTHER EVENTS
Christophe Geiger, Director General of the CEIPI, at the conference "Intellectual Property Rights : Promoting competiveness or protecting vested interests?" organized by the Institute for European Studies (IES) in Brussels
Christophe Geiger, Director General of the CEIPI, will give a lecture at the conference organized by the Institute for European Studies (Université Libre de Bruxelles) on November 27, 2013, in Brussels on the topic "Intellectual Property Rights : Promoting competiveness or protecting vested interests?"
He will will speak on the topic:
“European Intellectual Property Law: where is it coming from and where is it heading?"
This event will take place within the IES Autumn Lecture Series 2013 "EU Economic Law in a Time of Crisis".
Click on the picture for further information concerning this event.
Christophe Geiger, Director General of the CEIPI, at the seminar "The essentials of Intellectual Property, for EU Officials" in Brussels
Christophe Geiger, Director general of the CEIPI will attend the seminar entitled "The essentials of Intellectual Property, for EU Officials".
He will speak on the topic: "Copyright and collective rights management ", alongside Maria Martin Prat, Head of the Copyright Unit in the Commission Internal Market Directorate General, Brussels.
This event will be jointly organized by the European Patent Office (EPO) and the Office for Harmonization in the Internal Market (OHIM), in co-operation with the Belgian Office for Intellectual Property (OPRI).
It will take place on November 13 and 14, 2013 in Brussels.
Click on the picture to download the programme of this event.
Stéphanie Carre at the Conference of the Research Group on the topic "Transparence financière et protection des données personnelles"
Stéphanie Carre, Associate Professor at the University of Strasbourg and at CEIPI and member of the CEIPI's Research Department, will participate in the 5th Conference of the Research Group to be held in Strasbourg on November 7 and 8, 2013 on the topic:
"Transparence financière et protection des données personnelles".
Stéphanie Carre will speak on November 8, 2013, in the morning on the topic: " La protection des données personnelles face à la pratique du scoring ".
Click on the picture for further information concerning this event.
Laure Marino at the Symposium on "Questioning the Creative Work: How Should it be Defined?" organized by the CERDI
On November 7, 2013, the Centre d’Études et de Recherche en Droit de l’Immatériel (Université Paris Sud) is organizing in Paris a Symposium on "L’œuvre de l’esprit en question(s) : un exercice de qualification".
Laure Marino, Professor at the Law Faculty of the University of Strasbourg, member of the CEIPI’s Research Department and intellectual property law specialist will deliver a presentation on the topic: "L’œuvre de l’esprit : l’originalité, critère discriminant ?".
For further information please see below:
Christophe Geiger, Director General of the CEIPI, at the Conference "Innovation, Competition and Collaboration" at the Bucerius Law School of Hamburg
Christophe Geiger, Director General of the CEIPI, participated in the conference "Innovation, Competition and Collaboration" which took place on October 11, 2013 at the Bucerius Law School of Hamburg (Germany).
Christophe Geiger spoke on the topic: "Leaving open space for innovation: what about enforcement? The case of peer to peer file sharing".
Click here for further information concerning this event.
Christophe Geiger, Director General of the CEIPI, at the conference organized by the State Patent Bureau of the Republic of Lithuania on the topic “Intellectual Property Protection in the EU: Challenges, Risks and Prospects"

Christophe Geiger, Director General of the CEIPI, participated in the Conference organized by the State Patent Bureau of the Republic of Lithuania on the topic “Intellectual Property Protection in the EU: Challenges, Risks and Prospects", which took place from October 8 to 9, 2013 at the Kempinski Cathedral Square Hotel, Vilnius, Lithuania.
On October 9, Christophe Geiger spoke on the topic: "Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach?"
Click here for further information concerning this event.
Agnieszka Kupzok at the conference organized by the European Policy for Intellectual Property (EPIP)

Agnieszka Kupzok presented a paper at the conference organized by the European Policy for Intellectual Property (EPIP), on the theme “Law and Economics of the Unified Patent System – the Polish Example”, Paris, September 5, 2013 (http://www.epip2013.fr/). She gave a presentation at the annual meeting of Bolzano (Italy) organized by the German association of law and economics (http://www.unibz.it/en/economics/GLEA.html).
MISCELLANEOUS
New CEIPI Brochure

The new CEIPI brochure 2013 will be available in November in both French and English.
For further information, please contact: Adeline de Vore, Head of international relations, partnerships and events (adeline.devore@ceipi.edu)
Practical information
Chief Editorial of the CEIPI's Newsletter: Christophe Geiger
Editorial Board: Oleksandr Bulayenko, Elena Dan, Adeline De Vore, Christophe Geiger, Marie Hemmerlé-Zemp, Natalia Kapyrina, Christiane Melz, Alain Messmer, Stéphane Thomas
Design and production: Alain Messmer
If you want to subscribe or unsubscribe to our Newsletter, send a message to ceipi@ceipi.edu