Our speakers will suggest authoritative answers to key problems of EU design law and give an update on most recent case-law.
Topics
Key issues regarding the Community Designs
Application and invalidity proceedings before the EUIPO
Infringement and defences to infringement
Remedies and jurisdiction
CJEU case-law update
Case study: ‘Easy Sanitary’ revisited
Aims and objectives
The trend is clear - design protection is increasingly attracting attention from both SMEs and global players. This comparatively inexpensive IP right is a means of driving not only product imitations but also design variations produced by competitors out of the market. In this respect, growing caselaw from the CJEU as well as a rich body of decisions from EUIPO and national Community design courts provide helpful guidance
on the application of the sophisticated legislation.
This practical course will be a much-needed guide to law and practice. Attendees will get a systematic overview and will examine the interpretation provided by EUIPO and the European Courts, as well as direction on issues which remain unsolved. Our speakers will suggest authoritative answers to key problems of EU design law and give an update on most recent case-law.
Who should attend
Do you work in a corporate IP/trademark/design/legal department or as a patent, trademark or design attorney in private practice and need a systematic overview of EU design law? Then this course is designed for you. Knowledge of IP law is required.
Speaker
Gordon Humphreys
Chairperson, Fifth Board of
Appeal, European Union
Intellectual Property Office,
Alicante (Spain)
EUIPO practice: formalities examination, deficiencies, reply to office actions
Latest Board of Appeal case-law
Invalidity proceedings
before the EUIPO
Grounds for invalidity: novelty, individual character, earlier rights
Consequences of invalidity
How to show invalidity: facts, evidence and arguments
Interplay with infringement issues: tactics, counterattacks, stay of proceedings
Latest case-law from the Board of Appeal and the General Court of the EU
Infringement and defences
to infringement
Presumption of validity of a registered Community design
Scope of protection and freedom of the designer (degree and constraints)
Right to use and right to prevent third party use (infringing acts)
Defences to infringement: private use, prior use, exhaustion, right to make citations
Unregistered Community Designs
Establishing protection (disclosure in the territory of the EU)
Protection against copying
Term of protection
Infringement actions: jurisdiction
and sanctions (remedies)
Competent courts, international jurisdiction, forum shopping
Sanctions (injunction, damages, other remedies) and applicable law
Territorial scope of sanctions
Provisional measures
Possible defences and counter-attacks (counterclaim, request for a declaration of invalidity or action for declaration of non-infringement)
CJEU case-law update
Case study: ‘Easy Sanitary’ revisited
Case study: ‘DOCERAM’ revisited
Brexit
Gordon Humphreyshttps://www.forum-institut.com/seminar/1903183-eu-design-law/referenten/19/19_03/1903183-Seminar-EU-Design-Law--One-Day-Practitioners-Guide_Humphreys.jpg
Gordon Humphreys
Chairperson, Fifth Board of
Appeal, European Union
Intellectual Property Office,
Alicante (Spain)
After having qualified as a barrister of England and Wales and been admitted to the Brussels Bar as an avocat in 1994, Gordon worked in private practice in Luxembourg before joining the EUIPO Legal Department in 1997, where he acted in several of the
earliest Community Trade Mark cases before the (then) Court of First Instance. He served as Head of the Register Service from 2002-2005 before becoming a member of the EUIPO Boards of Appeal in December
2005, handling both trade mark and design cases.
Dr. Henning Hartwig, Attorney-at-Law, partner at BARDEHLE PAGENBERG, Munich, has represented users on design matters at
the EUIPO for many years and helped in procuring over 3,500 Community designs and enforcing over 60 Community and German
designs. He is the author of numerous publications on international design law and the editor of the four-volume casebook, ‘Design
Protection in Europe.’
1.080,- € plus tax
The fee includes course documentation (incl. free download) as well as midsession refreshments, lunch and certificate. Invoice and confirmation will be forwarded to you.
What attendees in March 2018 have told us about the course:
"The course has met my expectations. It was to the point."
Jeremie Vaquer, Legal Counsel, Trademark and Design Lawyer
Nokia Corporation, Espoo (Finland)
"The course has met my expectations, it is a good overview, there was no need for deep prior knowledge. What I liked most about this event: good examples."
Andreas Leijon, European Patent Attorney
Alfa Laval Corporate AB, Lund (Sweden)
15.03.2018
"The course has met my expectations. I liked most that it was a one-day overview."
Gwenaelle Vache, IP Director
FMTM Distribution Limited, Jersey (United Kingdom)
15.03.2018
"The course has met my expectations. What I liked most about this event: the high quality content."
Paul Mazel, IP Lawyer
Trip Advocaten & Notarissen, Groningen (The Netherlands)
15.03.2018
"The course has met my expectations. What I liked most about the course: the case-law discussion about protection strategies."
Marc Münzer, European Patent Attorney
Guardian IP Consulting I/S, Lyngby (Denmark)
15.03.2018
CPD
This course merits 6.5 hours of CPD and 6.5 credit points unter the rules on professional competence of the Netherlands Bar Association. It is also a potentially relevant CPD for Fellows of the CIPA Details
Hands-on Training Course: Essential PCT Formalities
Comprehensive training course for IP administrators
The hands-on training programme will provide attendees with detailed guidance to the formal requirements of the PCT and information on the regulations related to the PCT.
Recent decisions of the Boards of Appeal
First-hand update for patent practitioners & EQE candidates:
Each year the boards of appeal of the European Patent Office hand down more than 2000 decisions. These decisions set the standard for interpreting and applying the European Patent Convention (EPC).
Essentials - Tools - Implementation in Practice
The value of patents depends on factors such as competitive advantages, potential for exploitation and legal cover. It plays an important role in, among others, patent purchases, strategic IP portfolio management and mergers & acquisitions.
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