Human Rights and Intellectual Property: From Concepts to Practice

EIPIN Conference organized by the CEIPI

April, 5-7, 2013
European Court of Human Rights in Strasbourg and Maison Interuniversitaire des Sciences de l'Homme - Alsace (MISHA)

From April 5 to 7, 2013, the CEIPI organized and hosted the Congress of the European Intellectual Property Institutes Network (EIPIN). To commemorate the 60th anniversary of the entry into force of the European Convention on Human Rights, the Congress, entitled "Human Rights and Intellectual Property: From Concepts to Practice", attempted to take stocks of the emerged, often complex, relationship between the two areas of law, which are now firmly rooted in the European and international legal order. The conference was organized under the academic direction of Christophe Geiger, Associate Professor, Director General and Director of the Research Department of CEIPI.

The conference explored practical and doctrinal implications of human rights on intellectual property law and case-law. In particular, the conference  scrutinized issues related to the role of human rights in development of the balanced intellectual property legal framework, practices of European courts and quasi-judicial bodies, and it attempted to identify legal significance of different human rights for exercise of intellectual property rights. This noteworthy event featured an array of intellectual property and human rights experts and practitioners of world renown.

Christophe Geiger, Associate Professor, Director General and Director of the Research Department of CEIPI.

CEIPI is pleased to propose the presentations of the participants to this conference.

You can see the video recordings of the presentations of days 6 and 7 April online on the website canalc2 of the University of Strasbourg (presentations of April 5 have not been videotaped).

MODULE 1 Legal Reality behind Human Rights

TOPIC 2 Interaction between Human Rights: Are All Human Rights Equal?

SPEAKER:  Peggy Ducoulombier, Professor at the University of Perpignan (France)

CHAIR: Noam Shemtov, Lecturer in lntellectual Property and Technology Law at the Queen Mary lntellectual Property Research lnstitute (OMIPRI). Queen Mary,University of London (UK)

TOPIC 3 Interaction between International Human Rights Law and the European Legal Framework

TOPIC 4 The Constitutionalisation of the Euro­ pean Legal Drder: Impact of Human Rights Obligations on IP in the EU

SPEAKER: Tuomas Mylly, Associate Professor of Law at the University of Turku (Finland)

CHAIR: Anselm Kamperman Sanders, Profes­sor of lntellectual Property Law and Director of the lnstitute for Globalisation and Interna­ tional Regulation (IGIR) at the University of Maastricht (Netherlands)

MODULE 2 Human Rights'lmplications for the Development of IP

PART 1 Human Rights' Implications for IP Legislation

TOPIC 6 IP as a Human Right: Consequences for IP Legislation

SPEAKER:  Alexander  Peukert, Professor  at the Goethe University Frankfurt (Germany)

Click here to watch the video recording of this presentation.

Questions team 4 / Discussion: CHAIR: Josef Drexl, Professor and Managing Director of the Max Planck lnstitute for lntel­lectual Property and Competition Law (Mu­nich, Germany)

Click here to watch the video recording of this presentation.

Click here to watch the video recording of this presentation.

Questions team 5 / Discussion: CHAIR: Manuel Desantes, Professor of Law, University of Alicante (Spain)

PART 2 Impact of Human Rights on Decisions of Courts and IP Offices

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Click here to watch the video recording of this presentation.

Click here to watch the video recording of this presentation.

Questions team 6 / Discussion: CHAIR: Yves Reboul, Professor and Director of the French Section of the CEIPI, University of Strasbourg (France)

MODULE 3 Looking Closer: Practical Interac­tion between Human Rights and IP

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Questions team 7 / Discussion: CHAIR: Dieter Stauder,  Attorney-at-Law at Bardehle Pagenberg [Munich, Germany) and former Director of the International Section of the CEIPI, University of Strasbourg (France)

Click here to watch the video recording of this presentation.

Click here to watch the video recording of this presentation.

Questions team 8 / Discussion: CHAIR: Stéphanie Carre, Associate Professor at the CEIPI, University of Strasbourg (France)

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Click here to watch the video recording of this presentation.

Questions team 9 / Discussion: CHAIR: Franck Macrez, Associate Professorat the CEIPI, University of Strasbourg (France)

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TOPIC 19 Public Health and Trademarks: Aus­tralian Tobacco Plain Packaging Act and the TRIPS Agreement

SPEAKER: Jeffrey M.Samuels, Professor of Law, Director of the Center for lntellectual Property Law and Technology at the University of Akron (USA) and Visiting Professorat the CEIPI, Uni­versity of Strasbourg (France)

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Questions team 10 / Discussion: CHAIR: Yann Basire, Associate Professor at the University of Orléans (France) and Lecturer at the CEIPI, University of Strasbourg (France)

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Click here to watch the Closing ceremony.