CEIPI's Newsletter n° 40 - July 25, 2018

The Center for International Intellectual Property Studies (CEIPI) is pleased to announce the publication of the fifth issue in the CEIPI/ICTSD series on Global Perspectives and Challenges for the Intellectual Property System, produced jointly with the International Centre for Trade and Sustainable Development (ICTSD).

This new issue, Intellectual Property and Digital Trade in the Age of Artificial Intelligence and Big Data, edited by Xavier Seuba, Christophe Geiger and Julien Pénin, elaborates on changes in modes of innovation, production and commercialisation of innovation, which are central in current discussions and relate closely to intellectual property law and competition. The chapters of this volume feed the debate, identify the central aspects and may be instrumental at drafting a research agenda.

The origin of this publication was the conference Intellectual property and digitalization: challenges for intellectual property management, organised in May 2017 by the CEIPI– Bureau d'économie théorique et appliquée (BETA) Project in Law and Economics of Intellectual Property, in association with the International Institute for Intellectual Property Management (I3PM). The objective of the conference was to shed light on the most recent evolution in intellectual property brought by digitalisation, gathering an eclectic group of experts from academia, public institutions, and industry.

The CEIPI–BETA Project in Law and Economics of Intellectual Property was launched in 2013, becoming the first joint research initiative of two constituent bodies of the University of Strasbourg, made up by law and economics scholars. Seminars, workshops, publications and conferences have been possible since then thanks to the interaction of both groups of scholars and the support of Air Liquide and Total.

This publication contains two largely interdependent parts. Part One: From Digital Trade to Commercialisation and Management of Intellectual Property includes contributions by Keith E. Maskus, Yann Ménière and Ilja Rudyk, Sean M. O’Connor, Catalina Martínez, Peter Bittner, and Alissa Zeller. Part Two: Regulating and Using Big Data in the Digital World includes contributions by Reto Hilty, Christophe Geiger, Giancarlo Frosio, and Oleksandr Bulayenko, Ryan Abbott, Timo Minssen and Jens Schovsbo, Francesco Lissoni and Gabriele Cristelli, and Claudia Jamin.

The CEIPI/ICTSD publication series provides high quality academic and policy-oriented papers dealing with topics that are of global relevance because of their normative pre-eminence, economic relevance, and socio-economic impact.

The previous issues in the series can be consulted at:

• Current Alliances in International Intellectual Property Lawmaking: The emergence and Impact of the Mega-Regionals”, (Issue 4 – August 2017)
• Intellectual Property and Access to Science and Culture: Convergence or Conflict? (Issue 3 – November 2016)
• Specialised Intellectual Property Courts - Issues and Challenges (Issue 2 - March 2016)
• Rethinking International Intellectual Property Law: What Institutional Environment for the Development and Enforcement of IP Law? (Issue 1 - November 2015)

Click here to download the volume.

CEIPI is pleased to announce a very high success rate on the EQE pre-examination 2018 of candidates having attended the CEIPI courses preparing for this examination. Recent statistics show that the pass rate on the EQE pre-examination 2018 of candidates having attended the CEIPI preparation courses is higher than 82%, i.e. 10% higher than the pass rate of other candidates. The success rate of French speaking candidates having been trained by the CEIPI is even higher than 93 %, i.e. 20 % higher than the pass rate of other candidates. These figures prove once again the excellent quality of the CEIPI courses preparing for the EQE.

Enrolments for the CEIPI courses preparing for the EQE pre-examination 2019 and for papers A, B, C and D of the main examination 2019 are open. Information about the courses as well as about the enrolment procedure is available on our website.

Registration to the new edition of the CEIPI advanced training program on “Internet Platforms, GDPR and Intellectual Property” is now opened. The training program will take place in Strasbourg from 6 to 8 December 2018.

As a lawyer, entrepreneur, or policy maker working at the forefront of Internet and technology industry, you must know how web-based and mobile technologies can be protected, which obligations apply to access providers and communications platforms like Google, Twitter and Facebook, and whether and when they are liable for their users’ online activities. These are critical emerging issues for online businesses and key factors that affect innovation.

This training program will explore legal, policy and ethical issues facing online businesses and intermediaries from a national and international perspective. In this course, the participants will learn about novel issues of Internet jurisdiction and innovation regulation. The course will discuss the legal framework, case law and enforcement strategies dealing with intermediate liability for copyright, trademark, and privacy infringement, including a broader overview of data protection obligations emerging under the newly enacted General Data Protection Regulation (GDPR). It will provide key notions regarding patentability, protection and business strategies related to web-based and mobile technology. Also, this course focuses on the role of Internet platforms and service providers in moderating the speech they carry for customers, including obligations and liabilities for defamation, hate and dangerous speech.

The training program will pay great attention to online platforms’ regulation within the GDPR and the upcoming Digital Single Market (DSM) reform package in Europe. It will expose participants to most recent caselaw from European and other international courts, while providing state-of-the-art understanding of the legal aspects of Internet technology and recent intermediary liability trends online.

This training program would gather together media, creative economies, and high-tech professionals and entrepreneurs, lawyers, policy makers, judges, and students.

For more detailed information regarding the training, please see a draft program here.

Click below to download the registration forms:

“Convention de formation professionnelle” if you work in France and the tuition fees will be borne by your employer.

“Contrat de formation professionnelle” if you work in France and will pay the tuition fees yourself.

“Agreement” if you work abroad.

“Agreement for students”, if you are student.

For further information, please contact Ms. Isabelle Mahoudeau for administrative questions/registration imahoudeau@ceipi.edu or Mr. Giancarlo Frosio for questions related to the academic content of the program, gcfrosio@ceipi.edu.

This program, that takes place from 29 to 30 November 2018 in Strasbourg, is dedicated to train IP management executives in industry and institutions. Since 2006 the MIPLM program educates IP management skills to IP experts from all over the world. There is a growing and devel­oping best practice in business orientated IP management.

The workshops aim to provide insight into industry specific aspects of IP strategy development, practical issues in systematic synthetic invention, IP protection of perceived customer benefits and sustainable organizational change in companies.

The workshop program is mainly addressed to IP professionals, but it is also open for graduate students who are interested in these topics.

The framework is designed for inspired discussions and networking.

Download below the program and the Agreement.

• program
• agreement

Deadline for enrolment : 26 October 2018.

For further information, please contact Ms. Isabelle Christ for administrative questions/registration isabelle.christ@ceipi.edu or Mr. Thibaud Lelong for questions related to the academic content of the program, thibaud.lelong@ceipi.edu.

- from 2 to 20 July 2018, Ms. Concepción Saiz, Professeur Titular de Derecho Civil, University of Valencia, Spain. Her research project focuses on the topic “Publishing Contracts for Literary Works”.

- from 28 September 2018 to 30 August 2020, Ms. Yukari Hira, Lecturer, Kyoto University of Education, Japan, who enjoys a funding from the Japan Society for the Promotion of Science. Her research project focuses on “Copyright and Freedom of Expression in Europe: European Court of Human Right’s new approach and paradigm shift of the Cour de Cassation in France”.

- from 24 October to 3 December 2018, Mr. Henry Biggs, Adjunct Professor, International Intellectual Property (Law School), Washington University in St Louis. His research project focuses on the topic “Intellectual Property and Human Rights, understanding motivators to creative production”

- from 7 January to 9 February 2018, Ms. Sapna Kumar, Associate Professor of Law George Butler Research Professor, Co-director, Institute for Intellectual Property & Information Law, University of Houston, United States (Fulbright scholarship). Her research project focuses on the topic “Promoting Innovation Through Patent Unification: A Transatlantic Comparison”.

On 26 June 2018, Mr. Adrien Bouvel, Associate Professor at the University of Strasbourg and member of the CEIPI Research Department, defended his thesis for the habilitation to supervise research (HDR) on the topic « Essai de réflexion sur les modes actuels d'élaboration de la règle de droit et de résolution des conflits dans l’environnement numérique - projet de direction d'ouvrage collectif innovant », under supervision of Mr. Théo Hassler, Professor at CEIPI.

 Members of the jury:

• Norbert Olszak, Professor at the University Paris 1 Panthéon-Sorbonne
• Caroline Le Goffic, Associate Professor at the University Paris Descartes
• Karine Favro, Associate Professor at the University Haute-Alsace
• Jean Lapousterle, Professor at the University Paris Sud and co-director of CERDI
• Théo Hassler, Professor at CEIPI (habilitation supervisor).

On 14 September 2018, Ms. Natalia Kapyrina will defend her thesis on the topic “The internationalization of design protection”, written under supervision of Professor Christophe Geiger, Director General and Director of the Research Department of CEIPI. The defense will take place at 14h00, Amphithéâtre Alain Beretz (Nouveau Patio). 

Members of the jury:

• Mireille Buydens, Professor at Université Libre de Bruxelles (rapporteur)
• Pascal Kamina, Professor at the University Franche-Comté, Centre de recherches juridiques (rapporteur)
• Jerome Reichman, Professor of Law at Duke Law School, USA
• Anna Tischner, Professor of Law at Jagiellonian University, Intellectual Property Law Chair, Faculty of Law and Administration, Krakow, Poland
• Christophe Geiger, Professor at the University of Strasbourg, Director General and Director of the Research Department of CEIPI (thesis supervisor).

The CEIPI launched in May 2018 of a new series of publications entitled “CEIPI Studies in Intellectual Property” published by the leading international academic and professional publisher, Edward Elgar.

Under the scientific direction of Prof. Christophe Geiger, Director General and Director of Research Department of CEIPI, the series aims to provide high-quality monographs and edited volumes connected to the work of the center, and dedicated to innovative research across the entire spectrum of themes in intellectual property law and policy.

The first volume of the series is the book of Giancarlo Frosio, Senior Researcher and Lecturer at CEIPI “Reconciling Copyright with Cumulative Creativity: The Third Paradigm”, published in May 2018.

The volume examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. This ground-breaking work will appeal to all of those interested in both the history and future of creativity and copyright.

In this context, a presentation of this new collection and of Giancarlo Frosio’s book is scheduled on 4 October 2018 during a research seminar to take place at 17h00, building Escarpe, amphitheatre 23.

For further information,click here for an abstract of the book.

Click here to order the book.

n the framework of the series “Discussion around copyright”, organized by the CEIPI research department in partnership with the Kléber bookshop, the CEIPI had the pleasure of organizing the six edition of the series, that took place on Friday 06 July 2018, at Club de la Presse, Strasbourg.

The topic of the second edition was “Software and free licences”, with Mr. François Pellegrini, Professor at the University of Bordeaux, Researcher at LaBRI / Inria, President of the centre of expertise Aquinetic, co-author of “Droit des logiciels”, PUF 2013 and Mr. Benjamin Jean, President of Inno3, President of OpenLaw, legal expert in Open Innovation.

This conference-debate was moderated by Mr. Franck Macrez, Associate Professor at CEIPI.

Click here to download the program. Click here for further information.

CEIPI is pleased to announce that Prof. Lisa Ramsey, Professor of Law at the University of San Diego School of Law, delivered a presentation on 10 July 2018, as part of the lecture series “(Re) Thinking Intellectual Property, Fundamental Questions and New Perspectives” as well as a Annual Guest of Honor Lecture in the 10th edition of the Summer School in European intellectual property law.

Her presentation focused on the theme “Resolving Conflicts between Trademark Laws and Free Expression in the United States and Europe”.

Click here for the abstract and a short biography.

The CEIPI had the pleasure of welcoming Mrs. Concepción Saiz García, Professor of Law at the University of Valencia and Visiting Researcher at CEIPI, for a research seminar on the topic “Artificial Intelligence-Created Works and their protection under copyright law”. The talk took place on 18 July 2018 and was moderated by Mr. Giancarlo Frosio, Senior Lecturer and Researcher at CEIPI.

For further information, click here for the abstract of her intervention and a short biography.

The CEIPI/WIPO/INPI Advanced Training Course on Intellectual Property, Technology Transfer and Licensing took place from 11 to 22 June 2018 in Strasbourg. This training course is jointly organized since 1978 by the World Intellectual Property Organization (WIPO), the Centre for International Intellectual Property Studies (CEIPI) and the French National Institute of Industrial Property (INPI). Like in the past edition, the present course touched upon the legal and economic aspects of technology transfer and licensing. 

The training was addressed to technology transfer professionals, including professionals working in university technology transfer offices, national and regional intellectual property offices and science and technology ministries, also to lawyers and economists.

Participants benefited from the expertise of specialists from several international organizations, prestigious research institutes and universities, and renowned experts, while interacting with professionals coming from all over the world. The interest of the program for developed, emerging and developing economies makes it a unique forum to exchange experiences and share opportunities. The advanced training course was taught in English.

Download the Program.

For the 10^th year in a row, the CEIPI organized the Summer School on IP in Europe. The courses were held from 2 to 13 July 2018.

Unique in Europe and in the world, this Summer School offered a two weeks training as theoretical as practical for both scientific and law backgrounds. In fact, the division of the course into two parts, the first devoted to a general stream and the second a specialized stream, during which students may opt for a “Patent path” or a “Trademark and Designs path”, grants to this Summer School its specificity.

The lecturers are selected from the academic staff of CEIPI, from experts in the intellectual property field, including professors and experienced practitioners but also official representatives, examiners, members of opposition chambers and so on.

The Summer School aims at providing a general overview of the intellectual property in the context of the European Union’s legal system, and likewise, to bring practical solutions in regard to intellectual and industrial property rights litigation in Europe. The course is addressed especially to students and practitioners willing to gain a solid background in European and international intellectual property law.

Click here to download the program.

This European Master’s program is designed especially for European patent attorneys, lawyers and other experienced IP professionals. Its ultimate objective is to qualify experienced IP professionals to act as IP managers with the practical skills and knowledge to deal with the new challenges of wealth creation and profit generation. Participants acquire first and foremost a new understanding of how intellectual property works in business models and are conveyed the necessary skills to achieve the systematic alignment of IP management and business objectives.

This Master addresses students and practitioners with a minimum of three years’ experience in the Intellectual Property field.        

Click here for further information and enrolment.

Contact: Isabelle Christ (isabelle.christ@ceipi.edu).

Several basic training courses in European Patent Law, designed to accompany professional practice of future Patent Attorneys and organized in currently 40 European cities, will start in autumn 2018.

Enrolment for these courses is now open. Further information about the courses and the enrolment procedure is available here.

The international section of CEIPI is pleased to announce that the brochure presenting its complete training offer for 2018-19 is now available.

Click here to download the brochure.

Mr. Christophe Geiger, Professor at the University of Strasbourg and Director General of CEIPI, and Ms. Elena Izyumenko, Doctoral Candidate and Researcher at CEIPI, will participate in the ATRIP 37^th Annual Congress on “Fairness, Morality and Ordre Public in Intellectual Property” in Helsinki, Finland, on 5-8 August 2018. At the Congress, they will present their “work in progress” paper on “European ‘Fair Use’ Grounded in Freedom of Expression”. Mr. Christophe Geiger will also moderate a panel on the topic “Fairness, Morality and Ordre Public: What Does it Mean for Access to Copyright Works?”.

Click here to access the 37^th ATRIP Congress website.

On 2-3 July 2018, Giancarlo Frosio, Senior Lecturer and Researcher and CEIPI, participated to the Regional Forum on Trade and Development 2018 organized by the International Institute for Trade and Development in Bangkok. Giancarlo Frosio delivered a presentation on the topic “IPRs and Innovation in the 4th Industrial Revolution: Regionalization and the European Experience”.

For further information: http://www.itd.or.th/event/trade-and-development-regional-forum-2018/

The PhD thesis viva of Ms. Paula Westenberger was held on 28 June 2018 at Queen Mary University of London.

Her thesis title is “Cultural Palimpsests: Artistic Reuses in Brazil in the Context of Copyright and Human Rights” under the supervision of Professors Uma Suthersanen and Jonathan Griffiths.

The members the jury were:

• Professor Fiona Macmillan, Birkbeck College, University of London
• Professor Christophe Geiger, Director General and Director of the Research Department of CEIPI, University of Strasbourg.

Xavier Seuba, Associate Professor at CEIPI, University of Strasbourg, participated in the WIPO-WTO-University of Geneva “IP Researchers Europe Conference”.

Xavier Seuba delivered a talk on “Twenty-Five Years of Intellectual Property Bilateralism”, tracing back the treatment that intellectual property has received since the adoption of the North-American Free Trade Agreement, arguably the most notable example of first-generation trade agreements regulating intellectual property.

For further information: http://www.wipo.int/meetings/en/details.jsp?meeting_id=48647

Ms. Stéphanie Carre, Associate Professor at CEIPI, University of Strasbourg, participated in the symposium “La paternité du réalisateur sur les œuvres cinématographiques : un passé toujours d'avenir ?”, organized by the Centre Georges Chevrier and the CREDIMI with the support of the search and rescue mission “Droit et Justice” that took place on 21 June 2018 in Dijon, University of Bourgogne.

Stéphanie Carre delivered a presentation on the topic “L’œuvre de collaboration, un défi à la propriété artistique ? Genèse et affirmation de la qualité d’auteur du réalisateur de cinema”.

Click here for further information.

CEIPI is pleased to announce the recruitment of Mr. Yann Basire as Associate Professor at CEIPI, from 1^st September 2018. Mr. Yann Basire will also head the French section of CEIPI, which is in charge of the organization of CEIPI’s French speaking courses, leading to diplomas.

Mr. Yann Basire is a former student and doctor of CEIPI. For more details, click here to see his resume.

CEIPI addresses its warm congratulations to Mr. Yann Basire and wishes him all the best for his new duties.