CEIPI's Newsletter n° 42 - June 06, 2019

HEADLINES

CEIPI’S governance and management team – the Administrative Board of CEIPI adopts a reform of its statutes for the 1st September 2019

Press release by the President of the Administrative Board of CEIPI, Benoît Battistelli

Board members at the meeting of 7 December 2018

In a context of major development of CEIPI’s activities and its European and international influence, the CEIPI Administrative Board amended, at the meeting held on 7 December 2018, the statutes of the center in order to implement the reform of the governance of CEIPI decided at the meeting of 28 November 2017 which will be effective, subject to validation by academic authorities, by 1st September 2019.

This reform introduces a Management Board composed, at the beginning of 2019-2020 academic year, of three directors – the directors of CEIPI sections (French, International and Research Sections), one of them being the Director General of the Center acting as a « primus inter pares ». In this framework, the Director of the French Section, Mr. Yann BASIRE, was unanimously elected Director General of CEIPI, for a duration of five years.

The purpose of this reform is in particular to ensure a continuity in the implementation of the strategy of the CEIPI as driven by the Administrative Board, while guaranteeing a well-balanced representation and development on all fields of activities of the center’s three sections, and being entirely complementary. Henceforth, this new mode of governance will contribute appropriately to the needs of a European and International oriented center evolving in competitive environment, requiring a strong and proactive entrepreneurial initiative, and in total synergy.

Signature of the renewal of the cooperation agreement between CEIPI and INPI, 09 May 2019, Strasbourg

From left to right: Mr. Christophe Geiger, Director General of CEIPI, Mr. Pascal Faure, Director General of INPI and Mr. Michel Deneken, President of the University of Strasbourg

The CEIPI was pleased to welcome, on 9 May 2019, Mr. Pascal Faure, Director General of INPI, for a conference and for the renewal of their cooperation agreement.

The CEIPI and the French National Institute of Industrial Property (INPI) show a long cooperation. Eager to develop both their collaboration on training in intellectual property law, as well as common research areas, the two institutes signed a framework agreement on 6 June 2014 in Strasbourg, which was completed each year through work plans setting out common actions in the field of industrial property training and research; as the framework agreement came to its end, both partners have decided to renew it.

The signature of the renewal of this cooperation agreement took place on 9 May 2019, during a ceremony organized at CEIPI, in the presence of the President of the University of Strasbourg, Mr. Michel Deneken, the Director General of INPI, Mr. Pascal Faure and the Director General of CEIPI, Mr. Christophe Geiger and members of CEIPI team.

The ceremony preceded the conference of Mr. Pascal Faure on the topic “The vision of INPI on ‘Loi PACTE’” (see below).

A new 67th volume released in the CEIPI Collection: “Computer-Implemented Inventions: Challenges, Current Practices and Perspectives”, edited by Professor Christophe Geiger and Matthieu Dhenne

The CEIPI is happy to announce the publication of the 67th volume “Computer Implemented Inventions: Challenges, Current Practices and Perspectives” with LexisNexis, in June 2019, edited by Professor Christophe Geiger, Director General and Director of the Research Department of CEIPI, University of Strasbourg and Matthieu Dhenne, Lawyer at the Paris Bar and PhD in Law. 

At the heart of the knowledge economy, the protection of Computer Implemented Inventions is a fascinating yet complex topic in intellectual property law. The exclusion of computer programs from patentable subject-matter by the European Patent Convention renders an assessment of their patentability particularly problematic. Although, numerous decisions have been delivered on this topic by the Boards of Appeal of the European Patent Office, they are not always easy to comprehend; more so because they are sometimes contradictory to decisions delivered by national courts, thereby giving rise to legal uncertainty. In 2005 a proposed EU Directive which aimed at harmonizing national patent laws and practices of Member States was rejected by the European Parliament by an overwhelming majority, yet again demonstrating the sensitivity of this subject. While the demonstration of infringement and the co-existence of patent protection with protection granted to software under copyright law also raise questions, recent developments in US jurisprudence and the resolution of the AIPPI at the Sydney Congress has revived the debate surrounding this topic.

This book amalgamates contributions made at a symposium organized by AACEIPI and the CEIPI on 24 November 2017 (held at the Grand Chamber of the Court of Cassation) with many other fundamental studies on this topic, with the objective of offering a comprehensive understanding on this issue which is critical for both present and future patent law practice.

The book includes the contributions of Nicolas Binctin, Christophe Caron, Sylvain Chatry, Matthieu Dhenne, Christophe Geiger, Alain Girardet, Stuart J.H Graham, Charles de Haas, Benjamin Jean, Martin Köhler, Franck Macrez, Catalina Martinez, Frédéric Pollaud-Dulian, Emmanuel Py, Julien Richaud, Stefan V. Steinbrener, Bertrand Warusfel.

The CEIPI develops an active policy of publication in its own editorial collection, under the direction of Professor Christophe Geiger, Director General and Director of CEIPI Research Department.

 Click here for the latest volumes.

“Intellectual Property and Judiciary” won the prize for the best book of the year in intellectual property IP Kat blog

CEIPI is very pleased to announce that the book "Intellectual Property and the Judiciary" obtained on 12th January 2019 the prize for the best book of the year in intellectual property awarded by the prestigious and very followed blog IP Kat. This book published in November 2018 was produced under the scientific direction of Professor Christophe Geiger, Director General and Director of the Research Department of the Center for International Intellectual Property Studies (CEIPI), University of Strasbourg, France; Professor Craig Allen Nard, Director of the Spangenberg Center for Law, Technology and the Arts, and Xavier Seuba, Lecturer in Law, Training Coordinator and Scientific Officer at the Center for International Intellectual Property Studies (CEIPI), University from Strasbourg, France. He is the fourth in the collection of the European Intellectual Property Institutes Network (for previous works, see www.eipin.org).

Intellectual Property and the Judiciary examines the role of the judiciary in the development and interpretation of intellectual property law, examining how public intellectual property doctrine and policies are developed and how judges construct and apply the standards in different judicial systems. The authors undertake a comparative study of various national, European and international judicial systems and evaluate the competing and complementary roles of the various institutions.

Each chapter analyzes the institutional comparative advantages of government bodies in existing legal frameworks and provides a thorough examination of common law and civil law traditions in the context of judicial processing of intellectual property. The result is a series of proposals on the architecture of judicial systems and the functional role of judges to ensure that lawyers are optimally positioned to deal with complex issues and improve intellectual property doctrine and policies.

This book was the subject of an analysis by Judge Klaus Grabinski, Prof. Rochelle Dreyfuss, the Prof. Raquel Xalabarder, Louise van Greunen (WIPO), and Prof. Martin Senftleben, analyzes available here.

This book is part of CEIPI's broader set of research, training and policy-related activities in the area of rights implementation. A presentation of the book produced within the framework of the Intellectual Property Rights Advisory Committee of the World Intellectual Property Organization is available at the following address:

http://www.wipo.int/edocs/mdocs/enforcement/en/wipo_ace_13/wipo_ace_13_8.pdf 

For more information, see:

http://www.ceipi.edu/actualites/actualite/?tx_ttnews%5Btt_news%5D=10814&cHash=bd74f9d153561819395a98a29b39abde

http://www.ipkat.com/

https://www.e-elgar.com/shop/intellectual-property-and-the-judiciary

UPCOMING TRAININGS: SEVERAL PLACES STILL AVAILABLE!

New CEIPI Advanced Training Program on Regulatory Affairs and Intellectual Property Protection in the Pharmaceutical Industry: Registration is open!

CEIPI launches a new Advanced Training Program on Regulatory Affairs and Intellectual Property Protection in the Pharmaceutical Industry, a proposal targeting regulatory and intellectual property professionals in the pharmaceutical sector. The three days of training revolve around the interface between patent law, supplementary protection certificates and test data protection.

This training program is addressed to regulatory officers, patent attorneys and in-house lawyers, as well as public servants working in public health organizations, who must navigate through the several legal domains of relevance in pharmaceutical research, development and innovation.

When it comes to pharmaceutical products, branches of law of administrative nature become tied to private law. The interfaces between pharmaceutical law, intellectual property law, competition law and consumer law are numerous. Patents, supplementary protection certificates and regulatory exclusivities, notably test data protection, make up a sophisticated legal framework of overlapping exclusivities that impact both on innovation and competition.

The program has a total duration of 20 hours, distributed in three days (Thursday 19 to Saturday 21 September 2019).

Click here to download the brochure.

Course and tuition fees

1.600€ if you register before 30 June 2019, 1.800€ afterwards.

This price includes all conferences, on-line material, lunches and coffee-breaks as well as a welcome cocktail

The program has been jointly designed and directed by: 

  • Xavier Seuba, Associate Professor of Law, Academic Coordinator and Scientific Responsible of CEIPI, Director of the Diploma on Patent Litigation in Europe
  • Peter Thomsen, Chairman of the Litigation Committee of the Institute of Professional Representatives before the European Patent Office
  • Francis Ahner, Of Counsel, French Patent Attorney, European Patent Attorney, Life Sciences & Chemistry Department at Regimbeau

See all details and download the registration documents on the dedicated website

Please send your document to Mrs. Isabelle Mahoudeau (imahoudeau@ceipi.edu) in order to register. For further information, please contact Mr. Xavier Seuba for questions related to the academic content of the program (xavier.seuba@ceipi.edu)

Fourth edition of CEIPI’s Executive IP Management Days, 21–22 November 2019, Strasbourg

This program, that takes place from 21 to 22 November 2019 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.

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.

Click here to download the program.

CEIPI Summer School on Intellectual Property in Europe, 1st to 12 July 2019, Strasbourg

A Summer School in European Intellectual Property Law - Summer School - has been established at CEIPI since 2009.

The 11th edition will be organized from 1st to 12 July 2019.

Click here to download the program.

Overview

Unique in Europe and in the world, this Summer School offers 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.

Learning Objectives

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.

All participants who successfully complete the program will receive a certificate of attendance. Attendance and active participation in at least 80% of the program is required.

Lecturers

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.

More Than Just A Legal Training...

Events are organized such as a boat-trip around Strasbourg, a visit of European Institution or a guided tour in the heart of the wine road with a wine-tasting. During the day, learn and debate and by night, enjoy the nice city of Strasbourg. Meet practitioners from across Europe and share this marvelous experience with the other participants coming from all around the world!

Eligibility

The Summer School is open to 40 participants. Participation is not limited to professional in IP law. Researchers, legal European professionals not specialized in IP or non european IP experts are also encouraged to apply.

Students on this course must be fluent or nearly-fluent in English language, as the whole training is taught in English. Students from all over the world are welcome.

Registration Fees

Rate: 2000€

Special rate: 1800€ (registration before 31/05/2019)

Tuition fees includes:  course material, lunch every day from Monday 1 July to Friday 12 July, (except not on Saturday 6 and Sunday 07 July) – a welcome dinner –2 visits and a guided tour of half a day/ coffee and refreshments- a closing banquet.

Tuitions fees are not including:  accommodation, travel and additional expenses.

How To Apply

To register:

Deadline for enrolment is June 19, 2019.

CEIPI/WIPO/INPI Advanced Training Course on Intellectual Property, Technology Transfer and Licensing, 11 to 21 June 2019, Strasbourg

The CEIPI/WIPO/INPI Advanced Training Course on Intellectual Property, Technology Transfer and Licensing will take place from 11 to 21 June 2019 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 touches upon the legal and economic aspects of technology transfer and licensing. 

The training is addressed to technology transfer professionals, including professionals working in university technology transfer offices, national and regional intellectual property offices and science and technology ministries. With an integrated and practical approach, the CEIPI/WIPO/INPI Advanced Training Course on Intellectual Property, Technology Transfer and Licensing will be also of the interest of lawyers and economists.

Participants benefit 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.

Click here to download the program and the registration form

For further information, please contact Ms. Sylvie Kra for administrative questions/registration (sylvie.kra@ceipi.edu), or Mr. Xavier Seuba for questions related to the academic content of the program (xavier.seuba@ceipi.edu).

CEIPI advanced one-day training program on Intellectual Property and Traditional Knowledge and Culture, 19 June 2019, Strasbourg

Speaker: Professor Natalie Stoianoff, Faculty of Law, University of Technology Sydney

Much has been written about traditional or Indigenous knowledge, its nature, its value, the desire to access that knowledge and the need for its protection. Traditional knowledge and culture have also been the subject of considerable international debate and law-making to ensure protection and access on mutually agreed terms with the communities that hold such knowledge and cultural expressions, including the establishment of benefit-sharing arrangements.

Intertwined with this debate has been the impact of the role of Indigenous or traditional knowledge which is not protected under conventional intellectual property regimes. This has led to significant investigation by the World Intellectual Property Organisation (WIPO), revealing the variety of mechanisms that nations have engaged to protect traditional and Indigenous knowledge and has led to the ongoing development of draft provisions for their protection.

This one-day advanced training program considers the nature of traditional knowledge and culture and the development of strategies for protection. It includes an overview of the international treaty framework and explores the concerns of Indigenous peoples such as appropriation of Indigenous arts and culture, language, spirituality, biodiversity, biotechnology, medicinal knowledge, film and music. Participants are also introduced to comparisons with protection regimes in nations such as Australia, China and India.

  • Module 1: Nature and definitions of Traditional Knowledge and Intellectual Property Rights
  • Module 2: The international treaty framework
  • Module 3: Preservation, Protection and Benefit Sharing
  • Module 4: Comparative legal frameworks

Upload here general program of the training.

Click here to download the biography of the speaker.

The training will be taught in English.

Venue: University of Strasbourg (limited number of seats)

Schedule: 9-12 and 14-17, two coffee breaks and refreshments included

Registration: The registration fees for this training are 500 euros. The training is free for students of the University of Strasbourg.

 Registration documents:

Please send your document to Ms Stéphanie Strasser, 00.33.3.68.85.88.94 / stephanie.strasser@ceipi.edu in order to register.

ENROLMENT FOR THE ACADEMIC YEAR 2019/2020

Become European Patent Attorney with the CEIPI

CEIPI is pleased to announce that the brochure presenting the complete training offer for the year 2019-20 is available.

Courses preparing for the European Qualifying Examination (EQE) 2020

CEIPI offers a complete range of courses preparing for the European Qualifying Examination (EQE) 2020, using proprietary high-quality training material. The tutors for these courses are either professional representatives (from private practice and industry), or staff of the departments of first instance of the EPO and of the Boards of Appeal.

Enrolment for all courses is open. Candidates enrolling for the complete range of courses preparing for one or more papers of the EQE will benefit from a “package” discount. Further information about the courses and the enrolment procedure is available on the CEIPI website:

http://www.ceipi.edu/en/training-in-european-patent-law-and-preparation-for-the-eqe-eqf/preparation-for-the-eqe/overview-2019-2020/

Basic training in European Patent Law

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 2019. Enrolment for these courses is now open. In case of early enrolments (by July 1st, 2019), a reduced “early bird” fee is applicable. Further information about the courses and the enrolment procedure is available on the CEIPI website: http://www.ceipi.edu/en/training-in-european-patent-law-and-preparation-for-the-eqe-eqf/basic-training-in-european-patent-law/

Course on Patent Litigation in Europe 2019-2020, 17th edition

The course on Patent Litigation in Europe organized by the CEIPI (Centre d’Etudes Internationales de la Propriété Intellectuelle, Université de Strasbourg) is composed of seven modules of two days each, followed by a final seminar of three days. It takes place from October to June. The content of the CEIPI course corresponds to the draft curriculum for a European Patent Litigator’s Certificate (Draft EPLC: Rules on the European Patent Litigation Certificate and other Appropriate Qualifications pursuant to Article 48(2) of the Agreement on a Unified Patent Court). The course covers all basic European laws and conventions relevant in the field of patent litigation. A good knowledge of the European Patent Convention and related matters by participants is a prerequisite.

The course is held on Fridays / Saturdays (to economize on time and travel arrangements). Lunches are included and we have negotiated rates for CEIPI participants in different hotels in Strasbourg.

A diploma of the University of Strasbourg is awarded to successful participants (Diplôme Universitaire sur le Contentieux des brevets en Europe).

During a period of one year from the entry into force of the Agreement on a Unified Patent Court, the CEIPI Diploma on Patent litigation in Europe will be deemed as appropriate qualification for a European Patent Attorneys to represent parties before the UPC as established in the Rules on Patent Litigation Certificate and Other Appropriate Qualifications pursuant to article 48(2) of the Agreement on a Unified Patent Court.

For more information and registration documents, click here.

Enrolment for the “Patents” and “Trademarks/Industrial Designs” in Long Tuition, academic year 2019-2020: Application deadline - 15 June 2019

CEIPI offers a “long” tuition, which runs for the approximate duration of an academic year; it is divided into autonomous courses: mid-September/February and early February/mid-May.

  • A “Patents” course, offered during the first semester of the academic year, leading to the Diploma in “Patents”.
  •  A “Trademarks and designs” course, offered during the second semester of the academic year, leading to the Diploma “Trademarks and industrial designs”.

Applications for the long tuition course in Patents and Trademarks and Industrial Designs for the 2019-2020 academic year are open.

Download the registration file. Deadline for application: June 15, 2019

Enrolment for the Master 2 Industrial Property, academic year 2019-2020

CEIPI is offering a program intended for scientists and engineers who wish to expand their knowledge of industrial property law and who are already graduates of the CEIPI diploma « Patents ». This new program leads to an LL.M. in Intellectual Property Law specialising in industrial property.

Place of training: Strasbourg and Paris

Registration opening date: July, 1st, 2019!

For more information: http://www.ceipi.edu/en/ceipi-courses-leading-to-diplomas/master-of-laws-2-llm-equivalent/master-2-in-industrial-property/admission/

Contact: Valérie Cotineau, valerie.cotineau@ceipi.edu, Phone: 03 68 85 80 11

Enrolment for the Master of Intellectual Property Law and Management (MIPLM), academic year 2019-2020

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.

Click here for further information

Enrolment for the year 2019-2020 is open.

Fees : 6400 €.

Time schedule for the course year 2019-2020. About 250 training hours and 9 teaching units.

  • Module 1: 20 to 25  January 2020
  • Module 2: 17 to 22  February 2020
  • Module 3: 16 to 21  March 2020
  • Module 4: 20 to 25 April 2020
  • Module 5: 25 to 30 May 2020
  • Module 6: 15 to 20 June 2020

The working language of the programme is English.

You can download:

to be sent to the CEIPI at the address below. Enroment deadline: 4 November 2019.

CEIPI
Isabelle Christ
Section internationale
11 rue du Maréchal Juin
BP 68
67046 Strasbourg cedex
isabelle.christ@ceipi.edu

Tél : (+ 33) 03 68 85 80 17
Fax : (+ 33) 03 68 85 85 66

RESEARCH ACTIVITIES

Copyright reform in the EU: Opinion of the CEIPI on the European Commission’s Proposal to Facilitate the Access and Use of Out-of-Commerce Works

In order to contribute to the debate on the copyright reform at the EU level, adopted in April 2019, CEIPI drafted an Opinion on the use of out-of-commerce works, in the Directive on copyright in the Digital Single Market of 14 September 2016. Other topics of the reform are reviewed in separate position papers.

The Opinion supports the proposal to facilitate access to the European cultural heritage and its digitisation through the establishment of extended collective licensing of rights for out-of-commerce works. This opinion endorses the extension of the notion of “out-of-commerce works” to works never intended for commercial use and the possibility to determine the out-of-commerce status of a collection of works as a whole. At the same time, it proposes some amendments regarding the scope of out-of-commerce search, the representative character of collective management organisations, the sufficiency of general publicity measures on the use of out-of-commerce works, and the application of the mechanism to third-country works.

CEIPI follows and comments the main developments in the area of intellectual property at national, European and international levels. Development of a balanced and efficient intellectual property system of the European Union is of great interest to the centre. This Opinion follows the previous CEIPI Opinion on the proposed introduction of neighbouring rights for press publishers, CEIPI Opinion on exceptions and limitations to copyright as well as a Study for the Committee on Legal Affairs of the European Parliament on the exception for text and data mining.

The CEIPI Opinion is available here.

Click here to access a table comparing the texts adopted by the European Commission, by the Council of the EU and by the European Parliament. To access previous position papers click here.

Invited professors and researchers

The CEIPI was pleased to welcome in 2018/2019 academic year the following invited professors:

  • Prof. Daniel Gervais, Professor of Law and Director of Intellectual Property Program of the School of Law at Vanderbilt University, United States
  • Prof. Carlos Correa, Professor, Buenos Aires University and CEIDIE Director, Argentina 
  • Prof. Natalie Stoianoff, Director, Intellectual Property Program, Faculty of Law, University of Technology, Sydney, Australia
  • Prof. Jeremy de Beer, Award-winning Professor at the Faculty of Law, University of Ottawa, Director of Open AIR, and practicing lawyer and expert consultant, Canada
Prof. Daniel Gervais
Prof. Carlos Correa
Prof. Natalie Stoianoff
Prof. Jeremy de Beer

Visiting program for foreign researchers within CEIPI Research Department

In order to foster exchanges, the CEIPI Research Department has opened a visiting program for foreign researchers. The hosted researchers have the possibility to interact with researchers from the center and to participate in multiple academic activities: conferences, seminars, panel discussions, etc.

The program is opened to researchers working in the field of intellectual property law, who benefit from a funding:

  • national government scholarships
  • Marie Curie fellowships
  • Fulbright fellowships
  • other scholarships
  • Financed sabbaticals from their home universities.

In the framework of this program, visiting researchers are invited to participate to the center's research environment (e.g. to teach in one of the CEIPI’s masters, to propose a seminar to present the research topic, to write articles jointly with the members of the Research Department or other activities…).     

Two application deadlines (for information only):

  • 15 September 2019 (for research stays starting on 1st November)
  • 1st January 2020 (for research stays starting on 1st March)

For more information: http://www.ceipi.edu/en/research/visiting-program-for-foreign-researchers-within-ceipi-research-department/

As part of this program, the CEIPI Research Department is pleased to welcome:

  • From 28 September 2018 to 30 August 2020, Ms. Yukari Hira, Lecturer, Kyoto University of Education, Japan, with a funding from the Japan Society for the Promotion of Science. Her research project focuses on the topic “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 1st September 2019 to 30 August 2020, Mr. Branislav Hazucha, Professor of Intellectual Property Law, Hokkaido University, Graduate School of Law, with a funding from the Japan Society for the Promotion of Science. His research project focuses on the topic “Public Views on the Role of Parody in Copyright Law”.
Yukari Hira
Branislav Hazucha

Publication on the CEIPI website of two Master thesis written by CEIPI students

We are happy to announce the publication in full text of two Master thesis written by CEIPI students during the Academic year 2017/2018.

  • L’exception de copie privée et les nPVR by Louise Boye-Della Giustina under the supervision of Stéphanie Carre, Associate Professor at CEIPI
  •  Le référencement internet sous le prisme du droit des marques by Justine Offre under the supervision of Yann Basire, Associate Professor at CEIPI

Clik here to read these papers.         

UPCOMING CONFERENCES AT CEIPI

Distinguished CEIPI lecture “Technology Transfer and Development”, 21 June 2019, Strasbourg

Frederick Abbott
Pedro Roffe

CEIPI is pleased to announce the distinguished lecture of Professor Frederick Abbott, Edward Ball Eminent Scholar Professor of International Law at Florida State University College of Law, and Pedro Roffe, External Senior Advisor of the United Nations Conference on Trade and Development (UNCTAD), on the topic “Intellectual Property Transfer and Development”.

Their lecture will address the relationship between these two central public policy objectives. Open to the academic community of the University of Strasbourg, and in particular to CEIPI and BETA researchers, the lecture of Professor Frederick Abbott and Pedro Roffe will also end two weeks of lectures in the context of the CEIPI/WIPO/INPI Advanced Training Course on Intellectual Property, Technology Transfer and Licensing.

The lecture will take place on Friday 21 June 2019, (09h00-11h00), Amphitheater 23 of the Escarpe building (ground floor) and will be animated by Xavier Seuba, Associate Professor, Academic Coordinator and Scientific Responsible at CEIPI.

Free admission subject to availability.

Click here for the bios of the speakers.

PAST CONFERENCES AT CEIPI

Conference-debate “The digital transformation of the Justice System”, Librairie Kléber, Strasbourg, 3 June 2019

In the framework of the series “Discussion around copyright”, organized by the CEIPI research department in partnership with the Kléber bookshop, under the scientific supervision of Mr. Franck Macrez, Associate Professor at CEIPI, University of Strasbourg, the CEIPI had the pleasure to organize a new edition of the series, that took place on Monday 3 June 2019, 17h30 at Librairie Kléber (salle Blanche), Strasbourg.

The topic of this edition was “The digital transformation of the Justice System” with Pascal Créhange, Lawyer at the Strasbourg Bar, specialist in intellectual property, Société d’avocats Créhange & Lau, former President of the Bar (bâtonnier), Thierry Ghera, Judge, President of the High Court of Strasbourg and Yannick Meneceur, Research Associate at the Institut des Hautes Etudes sur la Justice (IHEJ), Policy advisor on digital transformation and artificial intelligence at the Council of Europe.

This conference-debate was moderated by Mr. Raphaël Eckert, Professor at the University of Strasbourg.

Click here to download the program.

For further information regarding the conference-debates, click here.

From left to right: Pascal Créhange, Thierry Ghera, Raphaël Eckert and Yannick Meneceur

30th European tutors’ meeting of CEIPI, 23-24 May 2019, Strasbourg

On 23 and 24 May 2019, the CEIPI celebrated, under the supervision of Thierry Debled, Director of the International section and Adjunct Professor at CEIPI, its 30th annual European tutors’ meeting in Strasbourg. With nearly 90 participants, the meeting was one of the largest ones since the creation of this event in 1989. Specialists in European Patent law, coming from several European countries, as well as representatives of the European Patent Academy (EPO) and the World Intellectual Property Organization (WIPO) were attending this meeting to share their experience and to attend various presentations on European patent law and the corresponding training, the Unified Patent Court and the PCT.

During the meeting, Derk Visser, European patent attorney and author of « The annotated European Patent Convention », gave his appreciated annual presentation on recent EPO case law. Matthias Reischle-Park, deputy director of the PCT Legal and User Relations Division of the WIPO, presented recent PCT updates. Luc Santarelli, Managing Partner of Santarelli, gave a speech on evidence and preservation of evidence in France, including comparative patent law aspects vis-a-vis the Unified Patent Court. The meeting also focussed on an important topical issue regarding the preparation for the European Qualifying Examination: the draft reform of the EQE pre-examination. A brief presentation was followed by a plenary discussion on this topic.

As usual, and in particular in the light of its anniversary date, the meeting also gave the opportunity to the participants to informally exchange their experience on the occasion of cultural and culinary events.

Thierry Debled and Luc Santarelli during the meeting

CEIPI Conference “The free flow of non-personal data”, 24 May 2019, Strasbourg

The CEIPI Research Department was pleased to organize the conference on the topic “The free flow of non-personal data” under the scientific supervision of Mr. Franck Macrez, Associate Professor at CEIPI.

The conference took place on 24 May 2019, in Strasbourg.

The “Regulation (EU) 2018/1807 of the European Parliament and the Council of the EU from 14 November 2018 establishing a framework for the free flow of non-personal data in the European Union” was published in the Official Journal on 28 November 2018 and it was set to become effective on 27 May 2019.

This important text introduces a fifth principle of free flow, related to non-personal data. Its main objective is to stimulate the digital single market and to exploit more effectively the potential of digital technologies by reducing the possibilities for Member States to introduce or maintain data localization requirements, as well as by implementing a principle to access and to port data.

This conference offered an interdisciplinary analysis (Computer science, Political science and Sociology, Economics, Law) of this new fundamental text for the future of the “data-driven economy”.

Click here to download the program.

To watch the video recording of this conference: http://www.canalc2.tv/video/15380

Yann Basire, Associate Professor and Director of the French Section of the CEIPI and Franck Macrez, Associate Professor at CEIPI, during the welcoming address
Stéphanie Carre, Associate Professor at CEIPI

One-day seminar of the CEIPI’s Research Department “Intellectual Property at the Court of Justice of the European Union”, 10 May 2019

As every year, a one-day seminar, dedicated to European case law in intellectual property, entitled “Intellectual Property at the Court of Justice of the European Union” was organized by the CEIPI’s Research Department and the Research Federation “L’Europe en mutation”. This day, under the scientific leadership of Ms. Stephanie Carre, Associate Professors at CEIPI, took place on 10 May 2019, at CEIPI, in Strasbourg.

Academics from CEIPI and practitioners (Vercken & Gaulier, Fidal et Meridian Avocats law firms) are invited to present the case law of the year and to analyze the important decisions more precisely in order to draw the impact and practical consequences.

This year, a debate allowed Professor André Lucas and Alain Girardet, Counsellor at the 1st Civil Chamber of the Supreme Court of France to discuss the jurisprudential requirement of a substantive decision motivating the balance of interests in the event of infringement of an alleged copyright justified by a fundamental right and in particular by freedom of expression.

Click here to download the program.

André Lucas, Laurence-Dreyfuss Bechmann and Franck Macrez
André Lucas and Alain Girardet

Conference by Mr. Pascal Faure, Director General of INPI, on the topic “The vision of INPI on ‘Loi PACTE’”, 9 May 2019, Strasbourg

Within the framework of the CEIPI series of lectures "Institutional, political and social perspectives on intellectual property", CEIPI had the pleasure of welcoming on 9 May 2019, Mr. Pascal Faure, Director General of INPI. The public lecture focused on the topic “The vision of INPI on ‘Loi PACTE’”.

The debates were moderated by Professor Christophe Geiger, Director General of CEIPI and the President of the University of Strasbourg, Professor Michel Deneken, delivered an opening address at the conference.

The conference was preceded by a signing ceremony of the Framework Agreement between INPI and CEIPI (see supra).

You can download Mr. Faure's biography.

Christophe Geiger, Michel Deneken and Pascal Faure

Conference organized by the CEIPI’s Research Department “The Asimov’s Laws of Robotics and the Law”, 26 April 2019, Strasbourg

The CEIPI’s Research Department organized on 26 April 2019, in Strasbourg, under the scientific direction of Franck Macrez, Associate Professor at CEIPI, a conference on the topic “The Asimov’s Laws of Robotics and the Law”.

  • Zeroth law: A robot may not harm humanity, or, by inaction, allow humanity to come to harm;
  • First Law: A robot may not injure a human being or, through inaction, allow a human being to come to harm, except in case of contradiction with the Zeroth Law;
  • Second Law: A robot must obey the orders given it by human beings except where such orders would conflict with the First Law;
  • Third Law: A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

The famous laws of robotics of Isaac Asimov in his cycle of robots are often a reference model for who wants to think about the regulation of artificial intelligence. The reference to this universe, which belongs to the collective imagination, is nevertheless very often intuitive, even when it is the European Parliament that seizes it. No study has been conducted to establish the validity and interest of these Three Laws for the legal system and to think about its evolution. It is to these issues that the conference tried to answer, with four questions corresponding to each Law: The robot, guardian of humanity? The robot, responsible? The robot, obedient? The robot, autonomous entity?

From philosopher to lawyer and to the writer of science fiction, the interdisciplinary of the fields covered by the conference allowed us to understand the relationship between law and artificial intelligence, for the present and for the future.

Laurence Dreyfuss Bechmann, Yann Basire, Marie Tuffery-Andrieu et Franck Macrez

In the press:

 Click here to download the program.

 The conference was recorded and can be followed here: http://www.canalc2.tv/video/15372

“Big data and Intellectual Property Law”, Public lecture by Professor Daniel Gervais in the CEIPI lecture series “(Re) think intellectual property”, 16 April 2019, Strasbourg

Christophe Geiger and Daniel Gervais at the conference

In the context of the lecture series “(Re)thinking Intellectual Property, Fundamental Questions and New Perspectives”, the CEIPI had the pleasure of welcoming on 16 April 2019 in Strasbourg, Prof. Daniel Gervais, Director of the Vanderbilt Intellectual Property Program, Faculty Co-Director, LL.M. Program, Vanderbilt University (USA).

The public lecture focused on the topic “Big data and Intellectual Property Law”. The debate was moderated by Prof. Christophe Geiger, Director General of CEIPI.

Brief CV:

 Daniel Gervais is the Milton R. Underwood Chair in Law at Vanderbilt University, where he is leading the research program on Intellectual Property and the LLM program. He is also full professor at the University of Amsterdam (2017-2019).  Until August 2019, he is Chairman of the International Association for the Advancement of Teaching And Research in Intellectual Property (ATRIP). Professor Gervais previously served as acting dean and vice-dean for research of the Common Law Section at the University of Ottawa. He is a member of the bars of Quebec and Ontario, member of the Academy of Europe and of the American Law Institute (elected), where he serves as Associate Reporter of the Restatement of Copyright (First). He is Doctor of Law from the University of Nantes.

A detailed CV (in English) with links to his main publications is available at the following address: works.bepress.com/daniel_gervais/

A more detailed CV (in English) with links to its main publications is available at works.bepress.com/daniel_gervais/

Click here for a summary of his intervention.

Conference by Associate Professor Péter Mezei on the topic “The Challenges of Digital Second-Hand Marketplaces for European Copyright Law”, 10 April 2019, Strasbourg

Christophe Geiger and Péter Mezei during the conference

In the context of the lecture series “(Re)thinking Intellectual Property, Fundamental Questions and New Perspectives”, the CEIPI had the pleasure of welcoming on 10 April 2019, in Strasbourg, Dr. habil. Péter Mezei, Associate Professor of Law at the University of Szeged Faculty of Law and Political Sciences.

The public lecture focused on the topic “The Challenges of Digital Second-Hand Marketplaces for European Copyright Law”. The debate was moderated by Prof. Christophe Geiger, Director General of CEIPI.

Click here for a summary of his presentation and for his biography.

This presentation was also the opportunity to present the findings of his recent book entitled “Copyright Exhaustion - Law and Policy in the United States and the European Union” published with Cambridge University press.

Conference-debate “Collective management of copyright: what transparency?”, 28 February 2019, Librairie Kléber, Strasbourg, moderated by Franck Macrez

In 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 to organize a new edition of the series, that took place on 28 February 2019, at Librairie Kléber (salle Blanche), Strasbourg.

The topic of this edition was “Collective management of copyright: what transparency?”, with Mr. Gilles Vercken, Lawyer at the Paris and Strasbourg Bar, Cabinet Vercken & Gaullier and Mr. Marc Rees, Journalist at NextInpact.

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

Click here to download the program.

For further information regarding the conference-debates, click here.

Gilles Vercken, Franck Macrez and Marc Rees during the conference

“Adapting copyright to the digital environment in the EU: the impossible reform?”, Roundtable organized by CEIPI and the Biennale of Contemporary Art in Strasbourg, February 14, 2019

From left to right: Julia Reda, Christophe Geiger, Yasmina Khouaidjia, Florian Mehnert and Giancarlo Frosio

The Center for International Intellectual Property Studies (CEIPI) of the University of Strasbourg organized in partnership with the Biennale of Contemporary Art in Strasbourg a round table on the topic “Adapting copyright to the digital environment in the EU: the impossible reform?”.

The roundtable was held on 14 February 2019, at the Café de la Biennale at the Hotel des Postes, within the framework the Biennale dedicated to the citizen in the digital world (https: // biennale -strasbourg.eu/touch-me/) and consisted of a free discussion involving artists, MEPs, political advisers and academics on the future of copyright in the online world.

Introduction to the roundtable:

  • Yasmina Khouaidjia, Commissioner of the Strasbourg Biennale of Contemporary Art, and Christophe Geiger, Professor at the University of Strasbourg, Director General and Director of the CEIPI Research Department.

Speakers:

  •  Florian Mehnert, Artist and exhibitor at the Strasbourg Biennale of Contemporary Art
  • Julia Reda, Member of the European Parliament
  • Michel Vivant, Professor at the Sciences Po, Paris and at CEIPI
  • Giancarlo Frosio, Senior Researcher at CEIPI.

The roundtable was chaired by Christophe Geiger, Professor at the University of Strasbourg, Director General and Director of the CEIPI Research Department.

Click here to download the program. 

Please click here to view the online video recording.

For further information: https://biennale-strasbourg.eu/en/event/roundtable-adapting-copyright-to-the-digital-environment-in-the-eu-the-impossible-reform/

“Advancing Nationalism Through Patent Rights”, Public lecture by Prof. Sapna Kumar, 6 February 2019, Strasbourg

Christophe Geiger et Sapna Kumar lors de la conférence

In the context of the lecture series “(Re)thinking Intellectual Property, Fundamental Questions and New Perspectives”, the CEIPI had the pleasure of welcoming on 6 February 2019 in Strasbourg, Prof. Sapna Kumar, Law Foundation Professor of Law at the University of Houston Law Center, co-director of the Institute for Intellectual Property and Information Law, United States and Visiting researcher at CEIPI.

The public lecture focused on the topic “Advancing Nationalism Through Patent Rights”. The debate was animated by Prof. Christophe Geiger, Director General of CEIPI.

Click here for her biography and more details on her intervention.

TRAINING EDUCATION

Preparatory Seminar for the EQF

The 2019 aptitude test session necessary to be registered on the Industrial Property Qualified Members, mention “Patents” has been announced by the National Institute of Industrial Property (INPI).

Click here to download the notice.

The CEIPI organized a Preparatory Seminar for the French Qualifying Examination, mention “Patents”. This seminar took place on 22 and 23 May 2019 at the Leonard de Vinci Institute, COURBEVOIE.

Second edition of the CEIPI’s advanced training program on “Artificial Intelligence and Intellectual Property”, 16-18 May 2019, Strasbourg

The second edition of the CEIPI’s Advanced training program on “Artificial Intelligence and Intellectual Property” took place from 16 to 18 May 2019 in Strasbourg.

This new edition followed the very successful edition of past year, gathering a high number of professionals coming from thirteen European countries, and as far as Brazil, Canada, United States, China and Malaysia, and including senior officials from renowned institutions.

Artificial Intelligence (AI) and robots have been the subject of science fiction for some time. That fictional future is now a present reality. The AI market is predicted to grow from $8 billion in 2016 to more than $47 billion in 2020. Investment in AI increased more than 300 percent in 2017 compared to 2016. Intelligent machines, machine learning algorithms, sapient bots and neural networks have invaded our daily life. Humans will be increasingly called to interact with AI, especially in the digital environment. The regulation of AI’s activities is set to become a primary policy issue. Lawyers, entrepreneurs, or policy makers must fast learn about the key legal challenges that AI will bring about, if they want to play a role in a revolution that will occupy the policy debate for the next years to come and beyond.

This training program explored these thorny questions by dissecting legal, policy and ethical issues concerning AI impact on creativity and innovation. In this course, CEIPI gathered leading experts in the field to discuss these novel issues from a broader international perspective and make sense of inconsistent and inadequate national solutions.

For more information, please see our dedicated website.

Jean-Marc Deltorn, Christophe Geiger, Giancarlo Frosio and Ana Ramalho during the opening of the program
The participants at the training program, surrounded by the speakers

Update Modules on the Unified Patent Court, April 2019

Last April 2019 a training program exclusively devoted to the Unified Patent Court (UPC) was organized by CEIPI in partnership with the French National Institute of Industrial Property (INPI). The program was divided in two modules of two days each (5-6 and 26-27 April) and allowed participants to go through the institutional aspects of the UPC, the rules of procedure and remedies available to the parties.

Speakers in this edition of the program: Alexander Ramsay, Klaus Grabinski, Kevin Mooney, Sam Granata, Beate Schmidt, Pierre Véron, Laurence Brüning-Petit, Thierry Debled, Stefan Luginbuehl and Sapna Kumar.

The program is organized every year and is open to former participants of the Diploma on Patent Litigation in Europe, lawyers practicing in the area of intellectual property, and other intellectual property professionals with an interest in patent litigation and enforcement.

Click here to download the program of the training.

Sam Granata during the session on 26 April 2019
Xavier Seuba and Stefan Luginbuehl during the session on 6 April 2019

CEIPI study visit to the European Patent Office in Munich for the students of University Diploma on the long tuition in “Patents”

The CEIPI students at the European Patent Office in Munich

From 21 to 23 January 2019, students of the University Diploma on “Patents (long tuition), went on a study visit to the European Patent Office in Munich. During this 3-day visit, the students were received by Mrs. Pia Björk, member of the Academy of the European Patent Office and by other members of the EPO and were able to attend sessions of oral proceedings.

This study visit is held every year in late January and allows CEIPI students to get familiar with the functioning of the Office.

You can download the program of the study visit.

CEIPI STUDENTS IN THE SPOTLIGHT!

We are pleased to announce that CEIPI students have won several awards.

Mélanie Chassaing, accompanied by Mrs. Caroline Hiltgen Lebouvier, Lawyer at Noésis and Mr. Marc Tena, Commercial Director Corsearch, during the award ceremony, copyright © APRAM

Ms. Mélanie Chassaing, a graduate of the Master 2 Intellectual Property Law and Cultural Activities for the 2017/2018 academic year, was awarded the third prize of the 2019 APRAM (Association of Trademark Law Practitioners) competition.

The subject of the competition was “Au vu de la pratique des Offices et de la jurisprudence française et européenne, comment parvenir, aujourd’hui, à faire sanctionner l’atteinte à une marque de renommée ? Comment s’apprécient et s’articulent les conditions liées au « profit indu » ou au « préjudice » avec la preuve de la renommée de la marque antérieure et de son identité ou similitude avec la marque postérieure ?”.

As a reminder, the CEIPI students won this prize also in 2011, 2012, 2013 and 2017.

The two teams of CEIPI accompanied by Stéphanie Carre and Franck Macrez, Associate Professors at CEIPI

We are also very proud to announce that CEIPI students’ arrived in the semifinal of the 11th edition of the Intellectual Property Moot Court Competition (CN2PI) held in Lyon on 29 March 2019.

The teams were supervised by Yann Basire, Associate Professor and Director of the French Section of CEIPI, and Franck Macrez, Associate Professor at CEIPI.

Download the list of CEIPI students who participated in the CN2PI competition.

CEIPI expresses its congratulations to its students!

PARTICIPATION OF CEIPI MEMBERS IN SYMPOSIUMS, CONFERENCES, AND OTHER EVENTS

The scientific activity of the center’s researchers is extremely important, thus contributing to the outreach of CEIPI’s research department. Therefore, the CEIPI research team members are participating in various conferences and scientific events.

Click here for further information.

Intervention of Christophe Geiger at the Study day of the ALAI (The Netherlands) “Copyright and the European Charter: A Balancing Act?”, Amsterdam (NL), 8 February 2019
Tamar Khuchua, Christophe Geiger, Clara Ducimetière and Natasha Mangal at the 20th EIPIN Congress from 3 to 6 April 2019 in London

CEIPI’S JOB AND INTERNSHIP OFFERS

PhD Contract at CEIPI

The Research Department of the CEIPI is looking for a legal student with a Master 2 or LLM in intellectual property law.

The selected PhD candidate will be recruited to do a PhD thesis on the topic “Intellectual property and sustainable development: what interactions? what protection?”.

To view the offer, click here.

CEIPI Employment or internship offer - Patent litigation and Unified Patent Court

CEIPI is looking for a lawyer with a Master’s degree or LLM in Intellectual Property who would like to bring its expertise to the Center in patent litigation and the Unified patent court (research and support for the training activities of the center). Depending on candidate's profile, the position could take the form of a research assistant contract, a casual work contract or internship. This position could open the possibility of writing a doctoral thesis in the field of intellectual property.

To view the offer, click here.

CEIPI Internship offer - Legal Researcher in Human Rights and Intellectual Property

The CEIPI is looking for a legal intern to advance the educational and research missions of the center.

The intern will work with Prof. Christophe Geiger (Director General and Director of the Research Department of the CEIPI) on the research project on Human Rights and Intellectual Property. The intern will research the case law with regard to fundamental rights implications of intellectual property. Excellent research and drafting skills are required.

Click here to view the offer.

CEIPI Internship offer - Legal intern in Intellectual Property

We are looking for a legal intern expected to advance the educational and research missions of the CEIPI. This internship can be taken while studying for the bar exam.

To view the offer, click here.

Employment offers

Find on CEIPI’s website, section “Employment offers” several offers for employment and internships regularly updated, in the Intellectual property field (patents engineers, lawyers).

PRACTICAL INFORMATIONS

Editorial information

Editorial supervision of the newsletter: Christophe Geiger
Editorial Board
Coordination: Ionela Asandulesei
Members: Ionela Asandulesei, Oleksandr Bulayenko, Caroline Ertz, Thibaud Lelong, Christiane Melz, Alain Messmer, David Rouster, Stéphane Thomas
Design and production: Alain Messmer

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