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.
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 1 Human Rights as Balancing Tools:The Principle of Proportionality
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 5 Human Rights and International IP Law
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)
TOPIC 7 Human Rights and IP Law at Bilateral and Plurilateral Level
Click here to watch the video recording of this presentation.
TOPIC 8 Human Rights and IP at International, Regional and Bilateral Levels: Specific Issues for Developing Countries
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
TOPIC 9 IP in Decisions of National Constitutional Courts in Europe
Click here to watch the video recording of this presentation.
TOPIC 10 Impact of Constitutional Rights and Freedoms on the IP Decisions of the US Supreme Court
Click here to watch the video recording of this presentation.
TOPIC 11 Human Rights in the Case-Law of the OHIM
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
TOPIC 12 Right to Health and Patents
Click here to watch the video recording of this presentation.
TOPIC 13 Right to a Fair Trial and IP Enforcement
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)
TOPIC 14 Freedom of Expression and the Right to Information: Implications for Copyright
Click here to watch the video recording of this presentation.
Topic 15 Right to Privacy, Moral Rights and Limitations to Copyright
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)
TOPIC 16 Right to Culture and Freedom of Arts and Sciences: Participation and Access
Click here to watch the video recording of this presentation.
TOPIC 17 Right to Development and IP Law: What Implications for the Multilateral Framework?
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)
TOPIC 18 Freedom of Expression and Trade marks: Parody and Misappropriation of Signs
Click here to watch the video recording of this presentation.
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)
Click here to watch the video recording of this presentation.
Questions team 10 / Discussion: CHAIR: Yann Basire, Associate Professor at the University of Orléans (France) and Lecturer at the CEIPI, University of Strasbourg (France)
MODULE IV Looking Forward: lmplementing lntellectual Property Provisions in Human Rights Instruments
Click here to watch the video recording of this presentation.
Click here to watch the Closing ceremony.