Actualités

 

8e Session (2010-2011)

(last update : July, 27)

• Structure and time frame
• Themes and purpose
• Participants
• Lecturers and languages
• Modules
• For further information or application

Structure and time frame

The Course on Patent Litigation in Europe, jointly organised by the CEIPI (Centre d'Etudes Internationales de la Propriété Industrielle, Université Strasbourg) and the Institute of Professional Representatives before the European Patent Office (epi), is composed of six Modules of two days each. Three Modules take place in the autumn and three Modules in the spring of the university year, followed by a final Seminar of three days.

The course is held on Fridays / Saturdays (to economise on time and travel arrangements). The Course ends with an oral Control of the knowledge acquired by the participants. A Diploma of the University of Strasbourg is awarded to successful participants.

Themes and purpose

European Patent Attorneys should acquire a deepened knowledge of patent litigation procedures in Europe and of envisaged future centralised proceedings, as well as of related rules of procedure, in order to be able to better advise their clients on the enforcement and defence of European patents. It is also important that European case law be taken into account when dealing with applications before the European Patent Office, in particular before its Boards of Appeal. In this context also basic European Laws and Conventions will be covered by the course. The knowledge of the European Patent Convention and related matters by participants is a prerequisite.

The Course is held at the CEIPI in Strasbourg on the following dates:

• Module 1: October 8/9,2010
• Module 2: November 5/6, 2010
• Module 3: December 3/4, 2010
• Module 4: January 21/22, 2011
• Module 5: February 25/26, 2011
• Module 6: March 25/26, 2011

The Seminar takes place on: April 28-30, 2011 (update : July, 27)
The Oral Control is foreseen for June 6, 2011 (update : July, 27)

Participants

The course is open to European Patent Attorneys on the List before the European Patent Office. The number of participants is limited to 45. Applications are taken on a first come, first served basis.

Lecturers and languages

The lectures are given by experts from different member states. The lectures are mainly in English; however use of the other two official languages of the EPO is made in some sessions and also in discussions, papers and/or abstracts.

Modules

The Modules will inter alia comprise the following topics:

Module 1

Status quo of Profession in Europe
EU Council Regulations (Brussels, Lugano, Hague Convention)
EU Council Directive on Enforcement
European Union Institutions
Proceedings before the European Court of Justice and the Court of First Instance
European Competition Rules

Module 2 - Comparative Law:

Continental Law / Common Law and Practice
Structure of Procedural Rules (The German Laws as a Model)
Proceedings before the Federal German Patent Court
UK Law and practice

Module 3 - Possible Centralised Procedures:

European Patent Litigation Agreement and Court Statute in comparison to the draft Community Patent Regulation
The European Union Patent Court and Court Statute
Impact of centralised proceedings on national laws
The interpretation of patent claims under article 69 EPC

Module 4 - Practical Procedures / Preliminary Steps:

Determining infringing acts (importation, offer for sale, use....)
Obtaining evidences of infringement
Warning Letters and consequences
Seizure procedure ("Saisie"), discovery procedure, other means
The Infringement Action
Determining jurisdiction, forum shopping
The writ introducing the action
Various requirements, grounds for nullity, defence and counterclaims, presentation of the case
The drafting the briefs, formal and substantial, requirements
UK, German and French law and practice as well as French Saisie procedure

Module 5 - Expertise:

The technical expert / the court appointed expert
Appointment of the expert
Procedure before the expert
Evidence and Case Management (with emphasis on Italian Law)
Experiments
Witnesses
Management of the court procedure:
Intervening before the judges
Procedural incidents
Case strategy
Italian and Spanish Law and practice

Module 6 - Oral Proceedings:

Right of audience
Presentation of the case / Oral pleadings
Enforcement of orders
Sanctions and civil liability
Interlocutory injunctions
Actions for Declaration of Non-Infringement
Negotiation and Settlement
German law and practice
Oral proceedings before the EPO Boards of Appeal and case law

3 - Day Practical Seminar

Arbitration and Mediation
National decisions
Practical Infringement Case Studies

Mock Trial

For further information or application

Please, turn to:

Walter Holzer (Course Coordinator)
WHolzer@gmx.at