University diploma in European Union Trade Mark and Community Design Law

Who is it for?

The University Diploma in “European Union Trade Mark and Community Design Law” is a professional training program for students and practitioners (and future practitioners) active in this area.

It has been particularly designed to prepare candidates for the French Qualifying Exams in Trade Marks and Designs and for professional examinations leading to a career as a judge or attorney.

The Diploma aims to provide:

  • An up-to-date and in-depth knowledge of EU Trade Mark and design law and the EU legal framework on Community designs.
  • Training in comparative Trade Mark and Design law for several key jurisdictions that are steadily gaining importance for the European practitioner, including the United States and Japan.
  • Insight in to how developments in information technology are influencing the application and enforcement of Trade Mark and design law and related businesses.

Teaching language: English.

Requirements

  • A good English level
  • Must have completed at least one Master 1 in Private law
  • Applications from candidates who have already obtained:

- the CEIPI diploma in “Patents” and/or “Trade Marks and Designs”

OR,

- a Masters 2 in private law

are especially welcome.

Admissions procedure

An admission committee composed of academics and professionals reviews the application to verify the English level, the level of studies and to evaluate the motivation of candidates.

Opening of applications: 26 June 2020

Deadline for applications: 10 November 2020

Notification of accepted applications: 15 November 2020

Program objectives

The number of European Union Trade Marks filed every year exceeds 150 000 applications, whereas the number of Community Design applications filed on a yearly basis exceeds 100 000. In addition the European Union Intellectual Property Office receives oppositions in excess of 20 000, more than 1 000 invalidity actions and close to 3 000 appeals to the Boards.

In this context, this University Diploma provides a unique opportunity to learn from highly qualified practitioners, academics and EUIPO officials the ins and outs of these EU Uniform IP Rights. The training program has the objective of providing a comprehensive knowledge and understanding of European and comparative trade mark and design law.

It will focus on the following areas:

  • Filing applications for the registration of European Union Trade Marks and Community designs
  • Responding to office actions, initiating oppositions, invalidity and appeal proceedings and responding thereto
  • Infringement and litigation.

Skills and competencies

Skills and competencies acquired by participants at the conclusion of the training program:

  • This program will prepare participants for the French Qualifying exams in Trade Marks and Designs and for careers as lawyers and judges specializing in intellectual property law;

  • This program will also provide a foundation for further studies at the Institute of Juridical Studies and the School of Management of the University of Strasbourg.

Course and exam schedule for the academic year 2020/2021

Program

1st week: Introduction to the EUTM system and absolute grounds of refusal

2nd week: Relative ground: introduction to opposition proceedings

3rd week: EU Trade Mark Litigation

4th week: Infringement of EU Trade Marks and EU Design Law

WEEK 1: Introduction to the EUTM system and absolute grounds of refusal

  • Introduction  to the EUTM
  • The functions of the EUTM
  • Type of marks
  • Absolute grounds for refusal – general principles
  • Article 7 (1)(a, b, c, d, e, f, g, h, i, j, k) EUTMR
  • Article 7(3) EUTMR
  • The life cycle of a mark
  • Workshop: drafting response to an objection from the examiner

WEEK 2: Relative ground: introduction to opposition proceedings

  • Introduction to US Trade Mark Law
  • Overview of the opposition procedure
  • Article 8(1)(a) EUTMR: Double identity
  • Article 8(1)(b) EUTMR: Likelihood of confusion
  • Article 8(3) EUTMR: Unauthorised filing by agents of the TM proprietorArticle 8(4) EUTMR: Opposition based on Business names, domain names, non-registered trade marks
  • Article 8(5) EUTMR: Trade Marks with reputation
  • Article 8(6) EUTMR: Opposition based on Protected Geographical Indications
  • Opposition: settling the disputes
  • Workshop

WEEK 3: EU Trade Mark Litigation

  • Revocation proceedings
  • Invalidity based on absolute & relative grounds
  • Proceedings before the Boards of appeal
  • ADR
  • Actions before the General Court
  • Introduction to Japanese Trade Mark law
  • Workshop

WEEK 4: Infringement of EU Trade Marks and EU Design Law

  • Infringement
  • Prohibited acts
  • Comparative advertising
  • Parody of a trade mark
  • Exhaustion
  • Remedies
  • Customs seizures
  • Introduction to Community design Law
  • Application for a Community design
  • Design invalidity proceedings
  • Infringement proceedings

Lecturers

The training program will be taught by European and international experts in the areas of trade mark and design law including judges, practitioners and academics.

Speakers include:

Christoph Bartos, Member of EUIPO’s Board of Appeal
Yann Basire,
Associate Professor at CEIPI, University of Strasbourg, Director General and Director of the French Section of CEIPI
Julien Canlorbe,
Partner MERIDIAN Avocats, Paris and Lecturer ESCP Europe / ISTEC
Arnaud Folliard,
International Cooperation and Legal Affairs Department (ICLAD), EUIPO
Eléonore Gaspar,
Partner, DTMV & Associés (Paris) and President of the French Group of International Association for the Protection of Industrial Property (AIPPI)
Natalia Kapyrina,
Lawyer, Institut de recherché en propriété intellectuelle (IRPI), Paris
Caroline Le Goffic,
Associate Professor, University Paris Descartes
Silvère Lefèvre,
Legal Secretary, General Court of the European Union
Paul Maier,
Director EUIPO’s Observatory
Stefan Martin,
Member of EUIPO’s Board of Appeal
Alexandre Nappey,
Partner SCAN Avocats, Paris
Cinzia Negro,
Member of EUIPO’s Board of Appeal
Nicolas Nord,
Associate Professor, Faculty of Law, University of Strasbourg
Ben Quarmby,
Partner Molo Lamken LLP, New York
Vincent Ruzek,
International Cooperation and Legal Affairs Department (ICLAD), EUIPO
Shoko Tsutsui, Patent and Trademark Attorney of Japan, TSUTSUI & Associates, Tokyo

Teaching methods

The program is conducted in English through lectures, seminars and workshops involving case studies.

Furthermore students are expected to engage in independent studies such as reading, case studies preparation and research.

Evaluation and examination

A written and an oral examination are held at the end of the courses, covering the subjects taught during the classes.

The students who have completed their studies successfully, will be awarded the University Diploma “EUROPEAN UNION TRADE MARK AND COMMUNITY DESIGN LAW” by the President of the University of Strasbourg.

Information and enrolment

Fees for the academic year 2020/2021 (subject to validation by the university bodies

  • Continuing training (including tuition fees): 3 500 euros

Contact

diploma_eutm_cd@ceipi.edu

Course direction

Yann BASIRE
Associate Professor at CEIPI, University of Strasbourg, Director General and Director of the French Section of CEIPIE-Mail: yann.basire@ceipi.edu