Advanced seminar on International Arbitration and Intellectual Property Disputes - CEIPI - Center for International Intellectual Property Studies

CEIPI is pleased to announce its new advanced seminar on “International Arbitration and Intellectual Property Disputes”.

The training will take place on-site (in Strasbourg) and online (via Zoom) over 2,5 days in autumn 2023. Dates to be confirmed soon.

Public

The programme is open to professionals, lawyers, judges and students.

Language of training: English.

Prerequisites

Proficiency in English required.

Application and admission

This is a non-degree training course. Admission upon validation of the application file.

Educational objectives

The seminar is intended to introduce professionals and students to the basics of International Arbitration in the field of Intellectual Property Disputes (Arbitrability of IP Disputes, autonomy of the arbitration clause, the doctrine of Kompetenz-Kompetenz).

The seminar will present the pros and cons of Arbitration and the advantages of Institutional or Ad Hoc Arbitration.

The course will also address the various steps of the arbitration proceedings from the constitution of the arbitration panel until the recognition and enforcement of the award.

Programme

Content

Day 1 - afternoon

Introduction to arbitration
Overview of International Arbitration
Pros and cons of arbitration in the context of IP litigation
Ah hoc or Institutional Arbitration
UNCITRAL Rules
Med-Arb, Experts and Neutrals, Dispute Boards
Arbitration under the auspices of WIPO
Arbitration pot pourri: Compulsory arbitration regarding the determination of the remuneration to be paid by digital platform services for the use of news content: the French and Australian experience. Investment arbitration. Arbitration under the EU-Canada Comprehensive Economic and Trade Agreement. The Patent mediation and arbitration centre under the Agreement on a Unified Patent Court (CETA).

Day 2 - T morning

Arbitrability of IP Disputes: validity, licensing, ownership, infringement, violation of moral rights
Arbitration agreement, its validity and challenges against its validity

Day 2 - afternoon

Arbitration agreement, its validity and challenges against its validity (continued)
Initiating the arbitration process: constitution of the Arbitral Tribunal
Workshop: Drafting of the terms of reference
Case study: the Emergency Arbitrator pursuant to the ICC Arbitration Rules

Day 3 - morning

Confidentiality and Provisional injunction in arbitration proceedings: a comparative perspective
Conduct of the arbitration proceedings - Determining the law applicable to the dispute
Workshop: written submissions

Day 3 - afternoon

Case study: evidence in arbitration proceedings, including expert evidence. The International Bar Association (IBA)'s Rules on the Taking of Evidence in International Commercial Arbitration
Challenge, Recognition and Enforcement of arbitration awards under the New York Convention (1958)

Detailed brochure to follow shortly.