CEIPI's Newsletter n° 28 - March 11, 2014

HEADLINES

50th Anniversary of the CEIPI at the Council of Europe

Presentation of Mr Christophe Geiger at the Inaugural Mona Law Intellectual Property Forum 2014, University of West Indies and development of new partnerships with the Government of Jamaica and regional actors from the Caribbean

The Forum was organised on February 25-26, 2014, by the Law Faculty of the University of West Indies (Mona), in particular in cooperation with the Jamaica Intellectual Property Office (JIPO). Mr Christophe Geiger, Director General of CEIPI, gave a presentation on the topic :

“Challenges for Copyright Enforcement in the Online World”.

During his stay in Jamaica, Mr Christophe Geiger, Director General of CEIPI, met various intellectual property key actors, notably, Honourable Minister Anthony Hylton Minister of Industry and Commerce of Jamaica, Honourable Senator Mark Golding Minister of Justice, Honourable Minister Ffolkes Abrahams Minister of State Industry and Commerce, Prof. Archibald McDonald, President of the University of West Indies (Mona) and Ms Carol Simpson Executive Director of Jamaica Intellectual Property Office (JIPO).

These meetings enabled to explore future cooperation plans between CEIPI, the government of Jamaica, the University of West-indies and Caribbean regional stakeholders in the field of training and research in intellectual property, notably within the framework of the Jamaican government’s action plan sustaining cultural industries. Among the topics discussed: valorization of musical creativity through Copyright law, geographical indications and the protection of traditional knowledge, as well as the enforcement of intellectual property rights, including, the training of magistrates.

Click here for access to the program of the forum.

Participation of the CEIPI in an informal working group on patents at the European Parliament

The CEIPI is participating in an informal working group on “patents” recently set up at the European Parliament. The objective is to review the state of the present patent system in the European Union, to create a forum for discussion between the participating political groups, and to contribute to the current debate as a result of the involvement of IP specialists.

This informal group was created at the initiative of the following members of the European Parliament: Ms Trautmann (S&D), Ms Carvalho (PPE), Ms Andersdotter (Verts/ALE), Mr Johansson (ALDE), Ms Matias (GUE) and is composed of members coming from these different political parties.

An initial meeting took place on October 16, 2013 and a second on December 11, 2013 in Strasbourg. Mr. Didier Intes, Associate Professor at the CEIPI spoke on the topic: “A Balanced Patent System”.

Responses to the “Public consultation on the review of the EU copyright rules” of the European Commission

The CEIPI prepared a response to this important public consultation launched by the European Commission. The public consultation is taking  place within the context of the review process of the 2001 Directive and addresses different copyright issues in the information society, in particular the "territoriality of Copyrights in the Internal Market,  harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform”.

Please click here to access the consultation text and CEIPI’s contribution.

Furthermore, Mr Christophe Geiger, Director General of CEIPI, also participated to the working group on Copyright coordinated by the European Law Institute.

Please click here for access to the contribution of the European Law Institute.

The European Copyright Society also prepared a response to this consultation of the European Commission. Mr Christophe Geiger, Director General of CEIPI, is a founding member of this association and participated in drafting this contribution.

Please click here for access to the contribution of the European Copyright Society.

RESEARCH ACTIVITIES

Visiting Professors

CEIPI was pleased to host, between December 12, 2013 and January 31, 2014, Professor Xiang Yu from the University of Huazhong, Director of the German-Chinese Intellectual Property Institute in Wuhan, China. In 2013, University of Huazhong welcomed two members of the Research Department of CEIPI, Ms Stéphanie Carre and Mr Franck Macrez, to speak at an international conference. During his stay at CEIPI, Professor Xiang Yu completed research on the topic: “Intellectual Property Sharing and Utilising in Promoting China-France Co-operative Innovation”.

CEIPI is happy to announce that the following invited Professors will join the CEIPI team from March to June 2014:

• Mrs Toshiko Takenaka, Professor at the Washington School of Law, Seattle (USA)

• Mr Barton Beebe, Professor at the New York University (NYU) School of Law (USA)

• Mr Huang Hui, Professor at the Intellectual Property Center of the Social Science Academy (China)

• Mr Carlos Correa, Professor at the University of Buenos Aires (Argentina)

• Mr Craig Nard, Professor at the Case Western Reserve University School of Law, Cleveland (USA)

• Mr Graeme Dinwoodie, Professor of Intellectual Property and Information Technology Law at the Oxford University

• Mr Daniel Gervais, Professor at the Vanderbilt University, Nashville, Tennessee (USA)

Conférences

CEIPI Public lecture : "A new Chinese Trademark Law to defend and protect your intellectual property rights more effectively" by Huang Hui, visiting Professor at CEIPI

On December 14, 2013, Mr Huang Hui, Doctor of Law, graduated from the CEIPI, lawyer at the Beijin bar and trademark specialist in China, delivered a public lecture at the CEIPI on the topic:

"A new Chinese Trademark Law to defend and protect and defend your intellectual property rights more effectively".

CEIPI 2014 Lecture Series: Institutional, political and social perspectives on intellectual property

On January 23, 2014, Mr Martin Ekvad, President of the Community Plant Variety Office spoke on the topic:

“Current Issues and Future Development of the Protection of Plant Varieties in the European Union”.

Click here for further inforamtion concerning this event.

 

Please download the presentations and the calendar of the CEIPI Lecture Series 2014.

"The Europeanisation of Trade Secret Protection: Overdue or Threatening?" by Ansgar Ohly, Jacques de Werra and Barton Beebe

Within the Framework of CEIPI Series of Lectures "(RE)thinking Intellectual Property, Fundamental Questions and New Perspectives", we are pleased to invite you to the public Lecture that will be given by Mr. Ansgar Ohly, Professor of Civil Law, Intellectual Property and Competition Law at the University of Munich and member of the Faculty of the Munich Intellectual Property Center, on March 18, 2014on the following topic:

"The Europeanisation of Trade Secret Protection: Overdue or Threatening?"

Research seminars of the CEIPI Research Department

On January 27, 2014, Lecture of Professor Xiang Yu, “visiting researcher” at  CEIPI, spoke on the topic :

“IP Sharing and Technology Transfer in Promoting China-EU/EEA Cooperative CCS Project”.

For more information on the research project:

ttp://www.us-china-cerc.org/Intellectual_Property.html

http://sequestration.mit.edu/tools/projects/nzec.html

Click here for more information on the next research seminars

CEIPI-BETA workshops

The BETA-CEIPI Interdisciplinary Seminar in Law and Economics of IP took place on February 11, 2014 (coordinated by Ms Agnieska Kupzok, postdoctoral researcher CEIPI-BETA). Within the broad theme of copyright in the digital age, participants focused on addressing the issue of exhaustion of digital content. The CJEU decision in UsedSoft GmbH v. Oracle International Corp., C-128/11, served as a starting point. The discussions addressed economic issues such as parallel trade and ability of right holders to engage in price discrimination.

The next monthly seminar will take place on March 20, 2014 at 12 (noon).  Professor Julien Pénin and Agnieszka Kupzok will present on the topic :

“The law and economics of the unitary patent package”. 

A co-authored article on the topic has been published recently at the OPEE (Bulletin de l’Observatoire des Politiques Economiques en Europe) (p.29).

http://opee.unistra.fr/IMG/pdf/bulletin_opee_no_29-2.pdf

In the following month, on April 8, 2014, Mr Xavier Seuba, Senior Research Associate at CEIPI and Senior Lecturer, will present on the topic:

“Economics of IP Enforcement”. 

This presentation will be based on his ongoing research conducted at CEIPI on global IP enforcement and IP enforcement policies.

Please find below a short introduction of the seminar.

Intellectual property enforcement has become a priority at the international level, prompting the adoption ambitious policies and demanding obligations in numerous and heterogeneous fora. Invariably, economic analyses on the scale and impact of intellectual property infringement have been invoked to justify the need of new enforcement norms and institutions. The majority of these studies have however numerous methodological constraints: they frequently fail to recognize relevant economic variables and neglect numerous socioeconomic effects of intellectual property protection and infringement. Astonishingly, regardless of the current relevance of enforcement institutions, there are no studies on the independent impact of most of the civil, criminal and administrative enforcement institutions.

For further details and opportunities to present, please contact Agnieszka Kupzok : kupzok@unistra.fr

For further details please consult the project website: http://www.ceipi.edu/index.php?id=13737&L=2.

An ambitious doctoral research policy at CEIPI

The CEIPI’s Research Department currently receives and supervises the thesis of 23 Phd Candidates  of various nationalities. In connection to their research project, the Phd Candidates  are involved in the CEIPI’s research activities.

 For more information on their research topics, please consult the following link : http://www.ceipi.edu/index.php?id=7967&L=2

PUBLICATIONS

Ceremony in celebration of the publication in honour of Professor Joanna Schmidt-Szalewski “Intellectual Property Law in a Globalised World”, edited by Christophe Geiger and Caroline Ro

“Intellectual Property Law in a Globalised World”, a Collection of Essays Honouring Professor Joanna Schmidt-Szalewski, was recently published in the CEIPI series, edited by Christophe Geiger and Caroline Rodà. It brings together contributions concerning intellectual property law, a field of study that goes beyond national limits and must be thought of in a European and international framework.

The ceremony in celebration of the Publication was organised at the Faculty of Law, University of Strasbourg, on Monday, January 13, 2014 in the presence of Joanna Schmidt-Szalewski, certain contributors, former colleagues and many of her friends.

On this occasion Christian Mestre, Dean of the Law Faculty of Strasbourg, Christophe Geiger, Director General of  CEIPI and Caroline Rodà, lawyer,  honoured professor Schmidt by retracing her career and praising her dedicated involvement in  CEIPI.

“Intellectual Property, Competition and Regulatory Aspects of Medicines: International Determinants and Public Policy”, X. Seuba

Publication edited by Mr. Xavier Seuba, Senior Research Associate at CEIPI and Senior Lecturer: “Intellectual Property, Competition and Regulatory Aspects of Medicines: International Determinants and Public Policy” (in Spanish).

This book examines the most recent generation of international norms that impact pharmaceutical products and the corresponding challenges they raise in terms of domestic implementation.

The authors (Mariano Genovesi, Aurelio López-Tarruella, Juan Camilo Pérez, Pedro Roffe, Xavier Seuba, Miguel Vidal-Quadras and David Vivas), drawing on their comparative and international experience, offer a practical piece of work that could provide guidance to legislators, public officials, legal practitioners and magistrates.

Click on the picture to enlarge.

Click here to access to Mr Seuba’s list of publications.

Preface by Mr Geiger for the 9th edition of the Industrial Designs Treaty, François and Pierre Greffe, 2014

Christophe Geiger, Director General of the CEIPI, has prefaced the 9^th edition (forthcoming 2014, Litec) of the Industrial Designs Treaty, by François and Pierre Greffe, of the Paris Bar and professors at the CEIPI.

The ninth edition of this reference book includes all the necessary elements to understand industrial designs law. It also encompasses comparative law, Community and international law, as well as accurately recording the growing activity of courts in this field over the past five years.

Click here to download the list of the publications of the CEIPI's Director general.

PARTICIPATION OF THE CEIPI TEAM TO SYMPOSIUMS, CONFERENCES AND OTHER EVENTS

Inaugural conference of the Training Centre for Judges of the Unified Patent Court in Budapest

In line with its engagement in the construction of the European legal and policy framework for intellectual property, CEIPI will participate in the inaugural conference of the training  centre for judges for the new Unified Patent Court (UPC) organised by the Hungarian Intellectual Property Office, the European Patent Office and the Hungarian Ministry of Public Administration and Justice. The conference, which will take place on March, 13-14, 2014 in Budapest, and will focus on the issue of training patent judges of the UPC. The highest Hungarian and European intellectual property-related authorities will be present at the meeting.

Mr Christophe Geiger, Director General of CEIPI, will deliver a presentation on the topic :

“The Training of the Judiciary: A Key to Success for the Unified Patent Court”.

CEIPI has already organised two conferences on the subject of creating a Unified Patent Court. Furthermore, the CEIPI diploma on “Patent Litigation in Europe” in collaboration with the epi (Institute of Professional Representatives before the European Patent Office) has included, for a number of years, the jurisdictional aspects of the European patent law.

Click here for more information on the CEIPI Diploma on European Patent Litigation.

Christophe Geiger at the 15th EIPIN Congress on “European IP Law – Quo Vadis ?”

The second part of the 15^th EIPIN Congress, entitled “European IP Law – Quo Vadis?” will take place in London from April 4 to 6, 2014.

Mr Christophe Geiger, Director General of CEIPI, will chair the round table on:

“Artistic Works and Non‐Artistic Adaptations in Copyright Law”.

and he will participate in the panel discussion on:

“Prospects for a Meaningful Evolution of EU Copyright Law – does Full Harmonisation come too Early ?”.

Click here to download the program of the conference organized in London

Franco-Brazilian conference: “The Functions of Intellectual Property Rights in the 21st Century”, April 2014 (Brazil), co- organised by CEIPI

This conference, co- organised by CEIPI, will take place on April 8, 9 and 11, 2014, in Brazil, in Belo Horizonte and Rio de Janeiro, and will enable three members of the CEIPI team, Mr Yves Reboul, Mr Yann Basire, and Mr Karlo Fonseca Tinoco, to meet representatives of two partner Universities of the conference to exchange views on the development of long term training and research collaboration. The conference is part of a broader cooperation agreement that will be discussed on this occasion.

Mr Yves Reboul, Emeritus Professor and Director of the French Section of CEIPI, will give a presentation on the topic:

“The Social Function of Intellectual Property Rights”.

Mr Yann Basire, Lecturer and member of the Research Department of CEIPI, will give a presentation on the topic:

“The Functions of Trademarks in French and European Law”.

Mr Karlo Fonseca Tinoco, Doctoral student at CEIPI, will comment the lecture given on:

“The Functions of Distinctive Signs”.

Yves Reboul at the Conference « Law and Political Science » organized by the University of Delhi

This conference was organised by the National Law University of Delhi on February 6-8, 2014 on the topic “Law and Political Science”.

Mr Yves Reboul, Emeritus Professor and Director of the French Section of CEIPI, participated in this event on the theme: “The Current Issues and Developments on the Unified Trademark System in Europe”

followed by a presentation of

 Ms Danièle Alexandre, Emeritus Professor at the University of Strasbourg, on the topic: “Regulation (EU) No. 1215/ 2012 of 12 December 2012 on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters, and the Implementation of the European Patent System and the Unified Patent Court”.

CEIPI lecture at the 15th EIPIN Congress on “European IP Law Dynamics”

The first part of the 15^th EIPIN Congress, entitled “European IP Law Dynamics: Quo Vadis?”, was  organised in Alicante on January 30-February 1, 2014.

During the event of Alicante, Mr Christophe Geiger, Director General of CEIPI, opened the debates with a lecture on:

“European Intellectual Property Law: What are the Dynamics?”.

Ms Agnieszka Kupzok, postdoctoral researcher and in charge of the CEIPI-BETA project, gave a lecture on the following topic:

“The Future of the Patent System in Europe”.

The programme of the 15th EIPIN congress is available at: http://www.eipin.org/congress.html

Jean Lapousterle at the conference organized by the University of Lille 2 on the topic: "La propriété intellectuelle : un droit économique"

Mr Jean Lapousterle, Professor at the Faculty of Law, University of Strasbourg and at CEIPI, and member of the Research Department of CEIPI, spoke at the conference held on December 13, 2013 at the Faculty of Law, University of Lille 2. The general theme of the seminar was “Intellectual Property: An Economic Right”.

Jean Lapousterle spoke on the topic: "L'importance des groupes d'intérêts dans les débats de propriété intellectuelle".

 Click on the picture to download the programme of this conference.

8th IP Summit in Paris: partnership of the CEIPI

The CEIPI, together with 50 other actors in the field of intellectual property, was partner of the 8^th IP summit in Paris organised by the National Institute of Industrial Property (INPI) on December 9-11, 2013. Mr Yves Reboul, Professor and Director of the French Section of the CEIPI, participated in this event.

Please follow the link to the programme and the proceedings: http://www.premiercercle.com/sites/ipsummit/2013/paris2013/overview.php

Laure Marino at the conference: "Propriété littéraire et artistique et humanités numériques", Maison de la Recherche de l'Université Paris-Sorbonne, Paris

Ms Laure Marino, Professor at the Faculty of Law, University of Strasbourg and at CEIPI, and member of CEIPI’s Research Department, participated in the conference “Literary and Artistic Property and Digital Humanities”, which took place on December 6, 2013 at the “Maison de la Recherche of the University Paris-Sorbonne” in Paris.

Ms Laure Marino delivered a presentation on the topic: “Exceptions to Copyright in   support of Digital Humanities ?”.

Please click the image to view the programme.

Natalia Kapyrina at the first symposium of the young doctoral students of the Doctoral School, University of Strasbourg, on the topic: "Coutume, usages et pratiques"

On December 6, 2013, Natalia Kapyrina, Doctoral Student and Research Assistant at the CEIPI, participated in the first symposium of the young doctoral students of the Doctoral School, University of Strasbourg, on the topic: "Coutume, usages et pratiques".

Natalia Kapyrina delivered a presentation on the topic: "Usages, pratiques et droit des dessins ou modèles".

Click on the picture to download the programme of this event.

TRAINING AND EDUCATION

300 candidates participated in January 2014 to the prepatory seminars for the European Qualifying Examination (EQE)

In January 2014, the International Section organised two preparatory seminars for paper D of the EQE 2014. More than 300 candidates participated in these two seminars. The classes were entrusted to over 30 tutors, representatives or practising lawyers from law firms accredited by the European Patent Office (EPO).

CEIPI has been involved in the “Candidates Support Programme” since 2013. This programme was initiated by the EPO with the aim of expanding and perfecting the training of representatives in contracting countries of the European Patent Office with at most five representatives qualified via the EQE. Within the framework of this project, the CEIPI has set up a preparatory programme for the pre-examination and main exam of the EQE intended for participants selected by the EPO. During 2013/2014 the CEIPI, the EPO and the EPI, together prepared 23 candidates for the pre-examination 2014 and 16 candidates for papers AB and D of the main exam 2014. In the upcoming year, this programme will be continued and expanded.

Two new basic courses in European Patent Law in Lisbon and Krakov

In 2014, the International Section of the CEIPI will, in co-operation with the EPI (Institute of Professional Representatives before the European Patent Office), organise two new basic courses in European Patent Law that will enlarge the palette of existing courses. The basic course in Lisbon organised with the help of the INPI of Portugal and the basic course in Cracow are intensive courses that cover in one year all the chapters of the reference framework. Teaching is ensured by local experts in European Patent Law. Regional teams of tutors are complemented by experienced experts that also lecture for the CEIPI in other European cities.

Several basic courses in other European cities also started at the beginning of this year: in Basel, Barcelona, Berlin, London, Ludwigshafen, Milan, Stuttgart, Vienna and Zurich. These classes run over two years.

Registration for theses courses is still open.

For more information please access to the link.

Publication of a reference text book on paper D: “D-Book”

The international section is pleased to announce the publication of the “D-book” by Andrew Rudge in December 2013. Andrew Rudge has been tutoring for more than 10 years on the CEIPI courses preparing for paper D of the European Qualifying Examination (EQE). The “D-book”, published by the editor Wolters Kluwer in cooperation with the CEIPI, is a new reference book for the preparation of the EQE. It completes the fourth edition of the C-book by the CEIPI tutors Hugo Meinders and William Chandler which has been republished in Autumn 2013.

Click here for more information.

Course on Master 2 in Intellectual Property Law and Management and the "Trademarks and designs" course, in long tuition

On January 20^th, 2014, the CEIPI welcomed the new class of the Master 2 programme in Intellectual Property Law and Management. The programme is addressed to patent attorneys, experts in industrial property and practitioners with at least 3 years experience in intellectual property.

Click on the image to download the brochure.

For more information, please contact Isabelle Christ: isabelle.christ@ceipi.edu.

On February 17^th, 2014, the CEIPI welcomed the new students from the "Trademarks and designs" course, in long tuition. This training brings together engineers and scientists who are already enrolled in the "Patent course" and lawyers who wish to specialize specifically in the field of Trademarks and designs.

For further information, please contact the French Section: Maria Schmitt maria.schmitt@ceipi.edu or Sabine Zorn sabine.zorn@ceipi.edu ; tel. (+33) 3 68 85 88 00

CEIPI Summer School – 2014

Renewal of the ERASMUS agreement between the CEIPI and the Technical University of Dresden

The CEIPI and the Faculty of Law, Technical University of Dresden, have for several years been offering a joint academic programme leading to a LL.M. in intellectual property within the framework of an Erasmus programme. Very few German Universities currently offer a course specialised in IP (LL.M.). Every year the CEIPI hosts students from the University of Dresden. The Erasmus agreement that ended in 2013 has been renewed until 2021. For the moment, this is a one-way exchange (from Dresden to Strasbourg), and it is intended to open from Strasbourg to Dresden in the future.

Practical information

Editorial supervision of the newsletter: Christophe Geiger
Editorial Board:
Coordination: Adeline De Vore
Members: Oleksandr Bulayenko, Elena Dan, Adeline De Vore, Marie Hemmerlé-Zemp, Natalia Kapyrina, Emmanuelle Lion, Christiane Melz, Alain Messmer, Stéphane Thomas
Design and production: Alain Messmer

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