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Intellectual Property in Alternative Dispute Resolution Panels
M. 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 (USA) Peter K. Yu (余家明) is Professor of Law and Co-Director of the Center for Law and Intellectual Property at Texas A&M University School of Law. Before joining Texas A&M University, he held the Kern Family Chair in Intellectual Property Law and was the founding director of the Intellectual Property Law Center at Drake University Law School. He served as Wenlan Scholar Chair Professor at Zhongnan University of Economics and Law in Wuhan, China and a visiting professor of law at Hanken School of Economics, the University of Haifa, the University of Hong Kong, the University of Helsinki, the University of Strasbourg and Washington and Lee University. He also founded the nationally renowned Intellectual Property & Communications Law Program at Michigan State University, at which he held faculty appointments in law, communication arts and sciences, and Asian studies. Born and raised in Hong Kong, Professor Yu is a leading expert in international intellectual property and communications law. He also writes and lectures extensively on international trade, international and comparative law, and the transition of the legal systems in China and Hong Kong. A prolific scholar and an award-winning teacher, he is the author or editor of six books and more than 100 law review articles and book chapters. He serves as the general editor of The WIPO Journal published by the World Intellectual Property Organization (WIPO) and chairs the Committee on International Intellectual Property of the American Branch of the International Law Association. Professor Yu has spoken at events organized by WIPO, the International Telecommunication Union, the U.N. Conference on Trade and Development (UNCTAD), the U.N. Educational, Scientific and Cultural Organization (UNESCO), the Chinese, EU and U.S. governments and at leading research institutions from around the world. His lectures and presentations have spanned more than 25 countries on six continents. He is a frequent commentator in the national and international media. His publications have appeared in Chinese and English and have been translated into Arabic, French, Hausa, Japanese, Persian, Portuguese, Spanish and Vietnamese. They are available on his website at www.peteryu.com.
This session will introduce the way intellectual property is addressed in two international bodies of particular relevance for the shaping of global and national intellectual property law
Durée :
Intellectual Property and the Judiciary
Du au
Palais Universitaire, Strasbourg
Université de Strasbourg - CEIPI - Centre d'études internationales de la propriété intellectuelle
Study the role of the judiciary in the elaboration and implementation of IP law.
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
Draw conclusions on how to ideally design courts in the future so that they can deal with IP in a balanced and most efficient manner/way
Draw conclusions on how to best train the judiciary of an IP court.
Thème(s) : Sciences juridiques
Sciences juridiques et politiques
Producteur : Université de Strasbourg
Réalisateur : Université de Strasbourg
SESSION 2 - IP AND EUROPEAN QUASI-JUDICIAL BODIES: EPO, OHIM AND CPVO
Boards of Appeal of the European Patent Office (EPO)
M. Wim van der Eijk
Vice-President of the EPO and Head of the EPO Boards of Appeal (Germany) Mr. Wim van der Eijk is Vice President Appeals (DG3) and Chairman of the Enlarged Board of Appeal at the EPO since 1st December 2011. Before that and since 2005, he was Principal Director Patent Law and Multilateral Affairs. Additionally, he was Vice-President in 2009 and 2010 responsible for Legal and International Affairs (DG5). Before joining the EPO he was manager of the Patent Division and chief legal officer of the Netherlands Patent Office. He also worked in the Ministry of Economic Affairs of the Netherlands in a variety of legal posts. Mr. van der Eijk was chairman of the Patent Law Committee of the European Patent Organisation and chairman of a working group that drafted the European Patent Litigation Agreement (EPLA). He assisted as a honorary judge the District Court of The Hague in dealing with patent cases.
Chairman: Julián López Richart, Associate Professor of Civil Law and Director of Magister Lvcentinus at the University of Alicante (Spain)
Boards of Appeal of the European Patent Office (EPO)
M. Cees Mulder
Associate Professor of Intellectual Property Law at Maastricht University (Netherlands) Cees Mulder (NL) is a European patent attorney and an Associate Professor of Intellectual Property Law at Maastricht University. He holds a PhD in physics (1982) and in law (2011). In 2001, Cees was one of the founding partners of DeltaPatents. After resigning, he was a Senior Adviser of DeltaPatents from 2009-2014. Cees is a senior lecturer in courses and seminars on the European Patent Convention, the Patent Cooperation Treaty, the Paris Convention and the Patent Law Treaty. Since 2009, Cees has been lecturing patent law at the Faculty of Law of Maastricht University where he is one of the resident teachers in the post-doc curriculum “Advanced Masters in Intellectual Property Law and Knowledge Management (LL.M/MSc)”. Since the academic year 2010- 2011, the IPKM has been accredited by the Examination Board of the European Patent Office: MSc graduates benefit from a remission of the period of professional activity required for admission to the European Qualifying Examination for European Patent Attorney. In addition, Cees Mulder together with Nyske Blokhuis (EP&C) provide training for candidates preparing for the European Qualifying Examination at Maastricht University. Cees is the author of the book "The Cross-Referenced Patent Cooperation Treaty" (published annually by helze.com). In addition, he is co-author of the book "Proceedings before the European Patent Office - A Practical Guide to Success in Opposition and Appeal" issued by Edward Elgar (2015)
Questions and Discussion
M. Julián López Richart
Associate Professor of Civil Law and Director of Magister Lvcentinus at the University of Alicante (Spain)
Board of Appeal of the Community Plant Variety Office (CPVO)
M. Martin Ekvad
President of the CPVO (France) Martin Ekvad took office as President of the Community Plant Variety Office (CPVO) in 2011. Prior to his elevation to the position of President, he held the position of Head of the CPVO Legal Unit from 2003. From 1996 to 2003 Mr. Ekvad worked as a lawyer (Advokat, Member of the Swedish Bar Association) in the law firm Linklaters, in Brussels and in the law firm Magnusson Wahlin Advokatbyrå, in Stockholm. Mr. Ekvad’s legal work concentrated on intellectual property and competition law. Prior to working in private practice, Mr. Ekvad worked at a civil court in Sweden for two years. Mr. Ekvad has a law degree from the University of Lund in Sweden 1993 and an LL.M. from King’s College in London UK 1994.
Chairman: Anselm Kamperman Sanders, Professor of Intellectual Property Law and Director of the Institute for Globalisation and International Regulation at Maastricht University (Netherlands)
Board of Appeal of the Community Plant Variety Office (CPVO)
M. Gert Würtenberger
Partner at WürtenbergerKunze law firm and President of GRUR (Germany) Gert Würtenberger is a specialist in the fields of trademark registration and infringement litigation, patent infringement litigation, plant variety protection, negotiating licenses in relation to all kinds of IPR and EU Law, as well antitrust law issues related to these fields. He is author of the leading German commentary on national and European plant variety protection and is the initiator and co-author of the book European Union Plant Variety Protection. He currently serves as the Chairman of the Süddeutsche Schiedsgericht für Saatgut- und Sortenschutzstreitigkeit [Southern German Arbitration Court for Seed and Plant Variety Protection], as President of GRUR [German Association for IP] and as Chairman of the GRUR-Fachausschusses für den Schutz von Pflanzenzüchtungen [GRUR Special Committee for the Protection of Plants Varieties].
Questions and Discussion
M. Anselm Kamperman Sanders
Boards of Appeal of the Office for Harmonization in the Internal Market (OHIM)
M. Alexander von Mühlendahl
Visiting Professor in Trade Mark Law at the CCLS (UK) and Attorney at Bardehle Pagenberg law firm (Germany) Attorney-at-Law, BARDEHLE PAGENBERG Partnerschaft mbB, Munich, Germany Visiting Professor, Queen Mary, University of London Vice-President of the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), 1994-2005 Honorary Member of ECTA, Honorary Member of the Hungarian Trademark Association, Honorary Member of APRAM One of the original members of the IP Hall of Fame Dr,iur., Munich; J.D., LL.M., Northwestern University, Chicago, Illinois, 1970
Chairman: Yann Basire, Associate Professor at the University of Haute Alsace and Lecturer at CEIPI (France)
Boards of Appeal of the Office for Harmonization in the Internal Market (OHIM)
M. Stefan Martin
Member of the Fifth Board of Appeal of the OHIM (Spain) Member of the Boards of Appeal of the Office for Harmonisation in the Internal Market (Alicante) amd the Board of Appeal of the Commuinity Plant Variety Office. Lecturer C.E.I.P.I (Strasbourg), University Aix-Marseille- Faculty of Law, Universitade Autonoma de Madrid, Université de St-Quentin- Versailles-Faculté de droit : European trade mark law.
SESSION 3: IP IN UNITES STATES COURTS
Lessons Learned from the Federal Circuit Experience
M. John Duffy
Professor of Law at the School of Law of the University of Virginia (USA) John Duffy joined the Law School in 2011 after serving on the faculty at George Washington University Law School since 2003, most recently as Oswald Symister Colclough Research Professor of Law. Duffy teaches torts, administrative law, patent law and international intellectual property law. In the field of intellectual property, Duffy has been identified as one of the 25 most-influential people in the nation by The American Lawyer and one of the 50 most influential people in the world by the U.K. publication Managing Intellectual Property. He was named a legal “visionary” by the Legal Times in 2009 and has been profiled in BusinessWeek. After receiving an undergraduate degree in physics, Duffy served as articles editor on the University of Chicago Law Review and was awarded an Olin Fellowship in Law and Economics. Duffy clerked for Judge Stephen Williams on the U.S. Court of Appeals for the D.C. Circuit and for U.S. Supreme Court Justice Antonin Scalia, served as an attorney adviser in the Department of Justice’s Office of Legal Counsel, and practiced law with the Washington, D.C., firm Covington & Burling. Since entering academia in 1996, Duffy has been on the faculty of the Benjamin N. Cardozo School of Law and the William and Mary School of Law, and has also served as a visiting professor at the University of Chicago. He has published articles in the University of Chicago Law Review, Columbia Law Review, Texas Law Review and Supreme Court Review, and he is the co-author of a casebook on patent law.
Chairman: Craig Nard, Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts (USA)
Lessons Learned from the Federal Circuit Experience
Mme 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 (USA) Professor of Technology Law. She has served as the Director of Center for Advanced Study and Research on Intellectual Property (CASRIP) at the University of Washington School of Law between 2003 and 2015. She teaches Patent Law, Advanced Patent Law, Advanced Trademark Law, Intellectual Property Enforcement Tutorial and Transnational IP Law Theory and Practice. She has extensively published in the field of comparative patent law and is a frequent speaker for academic and professional seminars focusing on patent law. Her most recent book is Patent Enforcement in the US, Germany and Japan published by Oxford University Press. After receiving a Bachelor of Law degree from Seikei University, Tokyo, Professor Takenaka pursued a successful career in patent prosecution and management with Texas Instruments Japan Ltd., where she served as a patent prosecution specialist. In 1986, she passed the Japanese Patent Attorney (Benrishi) Bar and worked as an associate for the Yamasaki Law and Patent Office. She was a visiting scholar with the Max Planck Institute for Domestic and International Intellectual Property in Munich, Germany, and a visiting professor at Waseda University in Tokyo, Japan. She has extensively published in the field of comparative patent law and is a frequent speaker for academic and professional seminars focusing on patent law. She is on the board of editors for Journal of Intellectual Property Law and Practice and a member of Intellectual Property Committee within Japan’s Ministry of Economy, Trade and Industry’ Industrial Structural Council.
Lessons Learned from the Federal Circuit Experience
Mme Kathleen O’Malley
Circuit Judge at the Court of Appeals for the Federal Circuit (USA) Kathleen M. O’Malley was appointed to the United States Court of Appeals for the Federal Circuit by President Barack Obama in 2010. Prior to her elevation to the Federal Circuit, Judge O’Malley was appointed to the United States District Court for the Northern District of Ohio by President William J. Clinton on October 12, 1994. Judge O’Malley served as First Assistant Attorney General and Chief of Staff for Ohio Attorney General Lee Fisher from 1992-1994, and Chief Counsel to Attorney General Fisher from 1991-1992. From 1983 to 1991, Judge O’Malley was in private practice, where she focused on complex corporate and intellectual property litigation; she was with Porter, Wright, Morris & Arthur from 1985 to 1991 and with Jones Day from 1983 to 1985. During her sixteen years on the district court bench, Judge O’Malley presided over in excess of 100 patent and trademark cases and sat by designation on the United States Circuit Court for the Federal Circuit. As an educator, Judge O’Malley has regularly taught a course on Patent Litigation at Case Western Reserve University Law School; she is a member of the faculty of the Berkeley Center for Law & Technology’s program designed to educate Federal Judges regarding the handling of intellectual property cases. Judge O’Malley has served as a board member of the Sedona Conference; as the judicial liaison to the Local Patent Rules Committee for the Northern District of Ohio; and as an advisor to national organizations publishing treatises on patent litigation (Anatomy of a Patent Case, Complex Litigation Committee of the American College of Trial Lawyers; Patent Case Management Judicial Guide, Berkeley Center for Law & Technology). Judge O’Malley began her legal career as a law clerk to the Honorable Nathaniel R. Jones, Sixth Circuit Court of Appeals in 1982-1983. She received her J.D. degree from Case Western Reserve University School of Law, Order of the Coif, in 1982, where she served on Law Review and was a member of the National Mock Trial Team. Judge O’Malley attended Kenyon College in Gambier, Ohio where she graduated magna cum laude and Phi Beta Kappa in 1979.
Questions and Discussion
M. Craig Nard
Craig Allen Nard, Galen J. Roush Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts at the School of Law of Case Western Reserve University (United States) Nard is the Galen J. Roush Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts at Case Western Reserve University School of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy in Torino, Italy and served as a Visiting Professor at the University of Strasbourg’s Centre d’Études Internationales de la Propriété Intellectuelle. Mr. Nard is widely Northwestern Law Review, Supreme Court Economic Review, Boston University Law Review, and the Review of Law and Economics. published in the area of patent law, with scholarly articles appearing in many prominent law journals, including Georgetown Law Journal, He is also the author of The Law of Patents (3rd ed, Wolters Kluwer 2014), and a co-author of The Law of Intellectual Property (4th ed, Wolters Kluwer). Prior to entering the legal academy, Mr. Nard clerked for the Honorable Giles S. Rich and Helen W. Nies of the United States Court of Appeals for the Federal Circuit in Washington, D.C. and, before that, was a patent litigator in Dallas, Texas and Julius Silver Fellow in law and technology at Columbia University School of Law. He is a member of the Texas bar, and is licensed to practice before the United States Patent & Trademark Office.
US District Court Perspective on Patent Adjudication
M. Polk Wagner
Professor of Law at the School of Law of the University of Pennsylvania (USA) Polk Wagner (@ProfPolkWagner) focuses his research and teaching in intellectual property law and policy, with a special interest in patent law. He has written over 20 articles (see them here) on topics ranging from an empirical analysis of judicial decision-making in the patent law to the First Amendment status of software programs. His work has appeared in the Stanford Law Review, Columbia Law Review, and the University of Pennsylvania Law Review, among several others. He is the author (with Professor Craig Nard) of Patent Law: Concepts and Insights (Foundation Press 2008). He is a frequent lecturer on intellectual property topics worldwide. Prior to joining the Penn Law faculty in 2000, Wagner served as a clerk to Judge Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit. He holds degrees from Stanford Law School, the University of Michigan, the College of Charleston, and was the 1994-95 Roger M. Jones Fellow at the London School of Economics.
Chairman: Toshiko Takenaka, Washington Research Foundation Professor of Technology Law and Director of CASRIP (USA)