28-30 January 2016: Intellectual Property and the Judiciary
EIPIN Conference organized by the CEIPI from the 28th to 30th January 2016
The Center for International Intellectual Property Studies hosted, in partnership with the members of the EIPIN network and the Spangenberg Center for Law, Technology & the Arts (Case Western Reserve University School of Law, Cleveland USA), the 17th EIPIN Congress, held in Strasbourg, from the 28th to 30th January, Palais universitaire. The topic of the Congress was “Intellectual Property and the Judiciary”.
The European Intellectual Property Institutes Network (EIPIN) was founded in 1999 and represents some of Europe’s leading institutes of research and teaching in intellectual property. EIPIN members are Queen Mary Intellectual Property Research Institute (University of London); Magister Lvcentinvs (University of Alicante), the Munich Intellectual Property Law Center (MIPLC), the Intellectual Property Law and Knowledge Management (Maastricht University) and CEIPI (University of Strasbourg) (http://www.eipin.org).
- Prof. Craig Nard, Director of the Spangenberg Center for Law, Technology and the Arts & Prof. Christophe Geiger, Director General of CEIP
The objective of the congress was to study the role of the judiciary in the elaboration and implementation of IP law, to look at the way IP is applied in different court systems, be it in general courts, in specialized IP courts and quasi-judicial bodies as well as in specialized non-IP courts and to draw conclusions on how to ideally design courts in the future so that they can deal with IP in a balanced and most efficient way.
The Congress of Strasbourg aimed to bring together a wide range of leading experts in the field - academics, judges, institutional - and to generate student working groups on the issues raised by the various stakeholders.
We thank the judges and academics who have honored us with by their and accepted to confront their points of view during this event, namely: Ermias Tekeste BIADGLENG (UNCTAD), Vincent CASSIERS (Université catholique de Louvain), John DUFFY (University of Virginia), Martin EKVAD (CPVO), Susy FRANKEL (Victoria University of Wellington), Christophe GEIGER (University of Strasbourg), Daniel GERVAIS (Vanderbilt University), Sam GRANATA (Commercial Court of Antwerp), Jonathan GRIFFITHS (Queen Mary University of London), Marko ILESIC (Court of Justice of the European Union), Alejandro JARA (King and Spalding), Roger KAMPF (WTO), Phillip LANDOLT (Landolt & Koch), Barbara LYNN (District Court of the Northern District of Texas), Paul MAIER (EU Observatory on Infringements of IP Rights, Office for Harmonization in the Internal Market), Stefan MARTIN (OHIM), Cees MULDER (Maastricht University), Craig NARD (Spangenberg Center for Law, Technology & the Arts, Case Western Reserve University), Kathleen O'MALLEY (Court of Appeals for the Federal Circuit), Aurora PLOMER (University of Sheffield), Jens SCHOVSBO (University of Copenhagen), Xavier SEUBA (University of Strasbourg), Toshiko TAKENAKA (University of Washington), Wim VAN DER EIJK (EPO), Alexander VON MUHLENDAHL (Bardehle Pagenberg), Polk WAGNER (University of Pennsylvania), Gert WURTENBERGER (WürtenbergerKunze) and Peter YU (Center for Law and Intellectual Property, School of Law of Texas A&M University).
- The participants and the speakers during the guided visit of the Musée d’Art Moderne et Contemporain de Strasbourg (MAMCS)
- Christophe Geiger accompagnied by the CEIPI students selected to attend the congress, by Ionela Asandulesei and by CEIPI’s research assistants participating in organizing the congress
Furthermore, the papers of the congress will be published in the EIPIN series by Edward Elgar under the scientific supervision of Christophe Geiger, Craig Nard and Xavier Seuba.
The conference can be followed on the Internet: http://www.canalc2.tv/video/13667
Click here fot the pictures gallery.
For further details, please see the programme below.
You can download below the speakers presentations.
28TH JANUARY 2016 - SESSION 1 - IP AND EUROPEAN COURTS
Opening and introduction
Christophe Geiger, Professor, Director General and Director of the Research Department of the Centre for International IntellectualProperty Studies (CEIPI) at the University of Strasbourg (France)
Craig Nard,Galen J. Roush Professor of Law and Director of theSpangenberg Center for Law, Technology & the Arts at the School ofLaw of Case Western Reserve University (United States
Keynote lecture: IP Instruments and Tribunals at National, Regional and International Level
1. Intellectual Property in front of the European Court of Human Rights
- "Intellectual Property in front of the European Court of Human Rights" by Christophe Geiger, Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France)
- "The “IP Jurisprudence” of the European Court of Human Rights" by Jonathan Griffiths, Reader in Intellectual Property Law at the Centre for Commercial Law Studies (CCLS) at the School of Law of Queen Mary University of London (United Kingdom)
- "IP & the European Court of Human Rights" by Aurora Plomer, Professor of Law and Bioethics at the School of Law of the University of Sheffield (United Kingdom)
2. Intellectual Property in front of the Court of Justice of the EU
Marko Ilešic, Judge and President of Chamber of the Court of Justice of the European Union (Luxembourg)
- "Intellectual Property in front of the CJEU" by Paul Maier, Director, EU Observatory on Infringements of IP Rights, Office for Harmonization in the Internal Market (Spain)
- "IP and European Courts – Intellectual Property in front of the Court of Justice of the E.U." by Vincent Cassiers, Lecturer at the Université catholique de Louvain and Partner at SYBARIUS law firm (Belgium)
Chairman: Guido Westkamp, Professor at the CCLS at Queen Mary University of London (United Kingdom)
3. The Unified Patent Court
- “Better than yesterday but worse than tomorrow” - "the Unified Patent Court: Pros and cons of specialisation" by Jens Schovsbo, Professor of Law at the Centre for Information and Innovation Law at the University of Copenhagen (Denmark)
- "The technical judges of the Unified Patent Court - scientific complexity & patent litigation" by Xavier Seuba, Senior Lecturer and Researcher at CEIPI (France)
Chairman: Noam Shemtov, Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS), Queen Mary University of London
29TH JANUARY 2016 - SESSION 2 - IP AND EUROPEAN QUASI-JUDICIAL BODIES: EPO, OHIM AND CPVO
4. Boards of Appeal of the European Patent Office (EPO
Wim van der Eijk, Vice-President of the EPO and Head of the EPO Boards of Appeal (Germany)
Chairman: Julián López Richart, Associate Professor of Civil Law andDirector of Magister Lvcentinvs at the University of Alicante (Spain)
5. Board of Appeal of the Community Plant Variety Office (CPVO)
Chairman: Anselm Kamperman Sanders, Professor of Intellectual Property Law and Director of the Institute for Globalisation and International Regulation (IGIR) at Maastricht University (Netherlands)
6. Boards of Appeal of the Office for Harmonization in the Internal Market (OHIM)
- "IP and European Quasi-Judicial Bodies: Board of Appeal OHIM" by Stefan Martin, Member of the Fifth Board of Appeal of the OHIM (Spain)
- "Boards of Appeal of OHIM (the future EUIPO)" by Alexander von Mühlendahl, Visiting Professor in Trade Mark Law at the CCLS (United Kingdom) and Attorney at Bardehle Pagenberg law firm (Germany)
Chairman: Yann Basire, Associate Professor at the University of Haute Alsace and Lecturer at CEIPI (France)
29TH JANUARY 2016 - SESSION 3 - IP IN UNITED STATES COURTS
7. Lessons Learned from the Federal Circuit Experience
Kathleen O’Malley, Circuit Judge at the Court of Appeals for the Federal Circuit (United States)
- "Optimal Judicial Centralization: The U.S.’s Federal Circuit and Europe’s Unified Patent Court" by John Duffy, Samuel H. McCoy II Professor of Law at the School of Law of the University of Virginia (United States)
- "The Best Pratice for IP Judiciary" by Toshiko Takenaka, Washington Research Foundation Professor of Technology Law and Director for the Center for Advanced Study and Research on Intellectual Property (CASRIP) at the School of Law of the University of Washington (United States)
Chairman: Craig Nard, Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts (United States)
8. The US District Court Perspective on Patent Adjudication
- "U.S. District Court Perspective on Patent Adjudication" by Barbara Lynn, District Judge for the Northern District of Texas (United States)
- "The (hidden) Effects of Patent Appeals" by Polk Wagner, Professor of Law at the School of Law of the University of Pennsylvania (United States)
- "Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience" by Craig Nard, Galen J. Roush Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts (United States)
Chairman:Toshiko Takenaka, Washington Research Foundation Professor of Technology Law and Director of CASRIP (United States)
29TH JANUARY 2016 - SESSION 4 - IP IN SPECIALIZED NON-IP COURTS
9. Intellectual Property in Alternative Dispute Resolution Panels
Peter Yu, Professor of Law and Co-Director of the Center for Law and Intellectual Property at the School of Law of Texas A&M University (United States)
Chairman: Seth Ericsson, Research Fellow Intellectual Property and Competition Law, Max Planck Institute for Innovation and Competition
30TH JANUARY 2016 - IP IN SPECIALIZED NON-IP COURTS (CONTINUATION)
10. Intellectual Property in Dispute Resolution Bodies of the World Trade Organization (WTO)
Daniel Gervais, Professor of Law and Director of Intellectual Property Program of the School of Law at Vanderbilt University (United States)
Alejandro Jara, Counsel at King and Spalding law firm (Switzerland)
Chairman: Xavier Seuba, Senior Lecturer and Researcher at CEIPI (France)