UCL FACULTY OF LAWS
Institute of Brand and Innovation Law

Institute of Brand and Innovation Law

Past Events

19 November 2014
Intellectual Property and Crime

Panel discussion between:

  • Mark Fenhalls QC (Criminal Bar Association)
  • DI Andrew Stirling, Head of Police Intellectual Property Crime Unit (PIPCU)
  • Phil Owen, Training Standards Institute (TSI)
  • Matthew Cope, Deputy Director of IP Enforcement at the UK Intellectual Property Office (IPO)
  • HHJ Anuja Dhir QC (A circuit judge)

6 & 7 November 2014
Patents and Telecoms Conference
Joint conference with UCL Institute of Brand and Innovation Law (IBIL) and George Washington University
To be held in Washington DC

To access the conference website, click here

Wednesday 15 October 2014
UCL Institute of Brand and Innovation Law and MARQUES
Ask the Trade Mark Judges

Panel discussion between:

  • Sylvie Mandel, ex Court de Cassation and Board of Appeal Alicante
  • Oliver Morris, Principal Hearing Officer and Company Names Adjudicator, UK IPO
  • Richard Hacon, Judge of the Intellectual Property Enterprise Court
  • Fidelma Macken, former Judge of the European Court of Justice and former judge of the Irish Supreme Court
Wednesday 25 June 2014
UCL Institute of Brand and Innovation Law
2014 Sir Hugh Laddie Lecture
Culture of the Public Domain - A Good Thing?
  • Speakers: Professor Hugh Hansen, Fordham Law School
  • Chair: The Rt Hon Prof. Sir Robin Jacob, UCL Laws
  • Accreditation: Accreditation for CPD is pending for this event


Wednesday 26 February 2014
Annual Brands Lecture
on
Trade Marks and Designs: the Designers' Perspective

  • Speakers: Matthew Cockerill (Seymour Powell, Chris Griffin (pi global and the Museum of Brands), Alexander Carter-Silk (Speechly Bircham), and Simon Malynicz (3 New Square)
  • Chair: The Hon Mr Justice Birss

About this event:
Trade mark and design law make many assumptions about how designers design things and use those assumptions are the basis of tests which shape the scope of legal protection for designs. Furthermore, design-related questions underlie the tests for protectablity. These include distinctiveness, novelty, individual character, design freedom and different overall impression and functionality. In this seminar, a product and a packaging designer will explain the design process and how they make design choices. Experienced lawyers will then consider the extent to which the legal tests inherent in trade mark and design regulation reflect the realities of the design process.

Wednesday 19 February 2014
IBIL Special Lecture
How Japanese IP Litigation Really Works
  • Speaker: Chief Judge Toshiaki Iimura of the IP High Court, Tokyo
  • Chair: Prof. Sir Robin Jacob (UCL)

About this event
The Chief Judge will cover all the following topics, answer questions and entering into debate: General: the court structure, numbers, speed and trends, who the judges are and how they are selected; Interim injunctions; Procedures on the way to trial including discovery, party and court experts, what happens when the defendant attacks validity and the Japanese approach to bifurcation; Remedies, injunctions (mandatory or discretionary) damages, account of profits, legal costs, international jurisdiction Invalidation actions Post-trial procedure and the active involvement of judges in settlement discussions.

DOWNLOAD THE SLIDES FROM THIS EVENT

Tuesday 5 & Wednesday 6 November 2013
Standards, FRAND, NPEs & Injunctions


Hosted jointly by UCL Laws IBIL and Taylor Wessing LLP and chaired by The Rt Hon Professor Sir Robin Jacob (the Sir Hugh Laddie Chair of Intellectual Property at UCL Laws), this 2 day conference combines commentary from key industry and legal experts from the UK, Germany, the Netherlands, Sweden and the US on:

  • Injunctions and jurisdictions
  • Standards, FRAND and its use in Europe
  • Patent portfolios
  • Unified Patents Court
  • Dispute resolution on licensing terms
  • Competition considerations
Through a combination of panel discussions, presentations and keynote addresses, the aim of this flagship event is to inform and update on the very latest developments with the benefit of the views and insights of leading authorities including from the industry, the judiciary and private practice in this complex and very topical field. 
Wednesday 16 October 2013
IBIL with MARQUES - Question the Trademark Judges


The chair The Rt Hon Professor Sir Robin Jacob posed a set of pre-selected questions from the audience to:
  • The Hon Mr Justice Birss
  • Allan James (Senior Hearing Officer and Head of Trade Mark Tribunal, UK IPO)
  • Tony Willoughby, Adjudicator of domain name disputes for WIPO and Nominet and Chair of Nominet Expert Review Group
  • Anna Carboni, Appointed Person.
Wednesday 12 June 2013
Annual Sir Hugh Laddie lecture 2013
supported by Taylor Wessing LLP
Community Trade Marks - Are they a Swiss Cheese? Do Community Trade Marks still have unitary effect in the EU?
  • Speaker: Prof. Dr. Joachmin Bornkamm (German Supreme Court)
  • Chair: Prof. Sir Robin Jacob (IBIL)
  • Accreditation: 1 CPD hour (SRA and BSB)

DOWNLOAD THE SPEAKERS' SLIDES

Tuesay 11 June 2013
UCL Institute of Brand and Innovation Law (IBIL) with Taylor Wessing LLP
The role of experts and scientific advisors in patent litigation around the European Union
  • Speakers: Prof. Sir Robin Jacob (IBIL); Judge Sharon Prost (Federal Judge, United States Court of Appeals for the Federal Circuit); Judge Edger F. Brinkman (Senior Judge, District Court of The Hague, The Netherlands); Judge Mine Reimnitz (Landgericht, Dusseldorf) Nigel Stoate (Taylor Wessing); Professor Michael Yudkin (University of Oxford; Scientific Advisor to the House of Lords in Kirin-Amgen); Dr Roger S. Newton (Former Director of the Chemical Research Division of Glaxo Group Research Limited, expert witness in several trials before the UK Patents Court); Professor David Limebeer (Department of Engineering Science, University of Oxford; Expert witness in several cases and scientific advisor to the Court of Appeal in one); Christoph de Coster (Taylor Wessing, Germany); Pedro Merino Baylos (Baylos Abogados, Spain); Ruprecht Hermans (Brinkof Advocaten, Netherlands); Thomas Bouvet (Veron & Associes, France); Jonas Westerberg (Lindahl Advokatfirman, Sweden); Klaus Ewald Madsen (Bech Bruun, Denmark); Andrea Mondini (Schellenberg Wittmer, Switzerland); Fabrizio Jacobacci (Jacobacci, Italy);
  • About this event: This day conference focused on the role of experts and scientific advisors in patent litigation around the EU. It has speakers from the USA, The Netherlands, Germany, UK, Spain, France, Sweden, Denmark, Switzerland and Italy. It also includes judicial input from the Court of Appeals for the Federal Circuit of the USA, UK, Germany and Holland.  For the first time ever, some experts who have given evidence in patent actions and scientific advisors to the court have been gathered together to give their views on the subject.
  • Accreditation: 6.5 CPD hours (SRA / BSB)
Tuesay 11 June 2013
UCL Bentham Association Lecture / Inaugural Lecture
IP Law: Keep Calm and Carry On?
  • Speakers: Prof. Sir Robin Jacob (IBIL)

 

27 February 2013, 6 - 7.30pm
IBIL Annual Brands Lecture
Assessing confusion in trade mark and passing off cases
  • Speakers: Tony Durham, Director of Shopper Insights at Procter and Gamble; Dr Jane Leighton, Consultant at Nielsen Neurofocus; Tony Willoughby; and Mark McKenna, Professor of Intellectual Property, Notre Dame Law School
  • Chair: The Hon Mr Justice Arnold
  • Accreditation: 1.5 CPD by the SRA (BSB pending) and constitutes relevant CPD for IPReg

7 November 2012, 6 - 7.30pm
IBIL Annual Innovation Lecture
Patent and Telecoms
The Panellists include:
The Hon. Mr Justice Arnold, High Court Judge of the Patent Court, UK Judge Klaus Grabinski, Federal Court of Justice, Germany
Judge Robert van Peursem, Justice of the Court of Appeal, The Hague, The Netherlands Judge Alain Girardet, Cour de Cassation, France
Chaired by The Rt. Hon. Sir Robin Jacob, the Sir Hugh Laddie Chair of Intellectual Property at UCL Laws
Topics to be covered in this panel include:
More or less discovery (disclosure) on infringement/validity?
Court (technical) expert vs party expert; what can be learnt from other jurisdictions?
More or less cross-examination?
Does the PCC have a role - more shorter trials? How would the damages cap apply?

6 & 7 November 2012
IBIL & Taylor Wessing LLP two-day conference
Standards, FRAND, NPEs and Injunctions Conference

Tuesday 6 November
Programme includes:

  • Keynote address by Mr Justice Floyd
    Panel discussion on Comparison of the law as to injuctions across jurisdictions - the impact of FRAND declarations to standards bodies; intermin injunctions; Orange Book Offers
  • Industry discussion panel on Determining FRAND
  • The Market for Patent Portfolios
Wednesday 7 November
  • Present Pan-European Position and Manoeuvres - stays of infringement actions, expedition of UK revocation proceedings
  • Keynote address on the formation of Unified Patent Court
  • Competitions, complaints and standard setting



This 2-day conference combines commentary from key industry and legal experts from the UK, Germany, the Netherlands, Sweden and the US on:
  • Injunctions and jurisdictions
  • Standards, FRAND and its use in Europe
  • Patent portfolios
  • Unified Patents Court
  • Dispute resolution on licensing terms
  • Competition considerations
  • Through a combination of panel discussions, presentations and keynote addresses, the aim of this flagship event is to inform and update on the very latest developments with the benefit of the views and insights of leading authorities including from the industry, the judiciary and private practice in this complex and very topical field.

    Download the full programme

    (correct at 17/8/12 - subject to change)

2 November 2012
IBIL & Nominet one-day conference
Workshop on Domain Name Disputes in the '.uk' Domain - Practice and Procedure

Topics covered includ:

  • DRS and its history - (circumstances leading to the introduction of the DRS and its development)
  • First Element – (the criteria needed to get a complaint off the ground)
  • Second Element – (domain name registration with abusive intent and abusive use of the domain name)
  • Defences
  • Common procedural issues
  • The work of the Nominet Team
  • Domain Name Disputes and the Courts

 

About this workshop
The Nominet domain name Dispute Resolution Service has now been in operation for over 10 years. The purpose of this 1-day workshop is to provide a high level, in-depth review of the operation of the service for the benefit of academics, practitioners and domain name registrars and registrants, the end-users. This will be the first seminar of its kind dealing in-depth with the Nominet DRS, which is now handling on average as many as 60 disputes per month. It is a ‘must’ for anyone with a serious interest in the procedure.

The programme has been organised in partnership with UCL with participation from The Rt Hon. Professor Sir Robin Jacob and The Rt Hon the Lord Neuberger.

Wednesday 17 October - IBIL / MARQUES: Question the Trade Mark Judges
Chaired by The Rt Hon Prof. Sir Robin Jacob
The Panellists included:
  • The Rt Hon Lord Justice Kitchin
  • Allan James (Senior Hearing Officer and Head of Trade Mark Tribunal, UK IPO)
  • Daniel Alexander QC, Appointed Person
  • The Rt Hon Sir Konrad Schiemann

UCL Institute of Brand and Innovation Law (IBIL) and MARQUES, the European Association of Trade Mark Owners, invite you to meet and questions some of the judges that are regularly deciding our trade mark disputes.
Read about this event on IPKAT

Wednesday 27 June 2012 - IBIL 4th Annual Sir Hugh Laddie Lecture
The Growing Imperative to Internationalise the Law
by Chief Judge Randall Rader of the US Court of Appeals for the Federal Circuit
Chaired by The Rt Hon Prof. Sir Robin Jacob
Accredited with 1 CPD hour by the SRA and BSB

The Chief Judge of perhaps the most important patent court in the world provided key insights into the increasing forces for international harmonisation of intellectual property (and particularly patent) law. The recent American Invents Act whereby the USA moved away from the "first to invent" system to a "first to file but with a grace period" system is likely to provide a huge further impetus towards harmonisation across the world. Similarly the case law of one country increasingly affects the law in other countries.

June - July 2012 - CPD Course: The Real, Dramatic and Ongoing Changes to United States Patent Law and their Impact on the Practice of Patent Law
Speaker: Professor Dennis Crouch, University of Missouri and Author of the Patently-O Patent Law Blog

Seminar 1:
Changes in the Way Patents are Prosecuted in the US

Seminar 2:
US Patent Litigation Structure and Changes to the Process

Seminar 3:
Litigation, Administrative Style; Subject Matter Eligibility

Accredited with 6 CPD hours by the SRA and BSB

About this course

The U.S. Patent system is in the midst of major changes. In late 2011, President Barack Obama enacted the Leahy-Smith America Invents Act (AIA) – legislation that has rightfully been identified as the greatest single modification to the U.S. patent system since the modern Patent Act was signed into law in 1952. Some provisions in the new law have already become effective, others will take effect in the coming months, and the full impact of the reforms may not be known for years to come. Meanwhile courts have also been shaping the law. Over the past year, the US Supreme Court and the Court of Appeals for the Federal Circuit (CAFC) have collectively issued hundreds of precedential decisions covering virtually every aspect of patent law. Meanwhile, the US Patent Office continues to modify its processes and structure its newfound power under the AIA.This course addressed these recent major events and their impact on procurement, litigation, and monetization of patent rights. In parallel, it highlighted practical empirical results that suggest “evidence based strategies” for addressing specific client concerns.
26 June 2012 - A Conversation with Chief Judge Randall R. Rader and Professor Sir Robin Jacob
rader and jacobA day before delivering the 2012 Sir Hugh Laddie lecture, Randall Rader, Chief Judge, US Court of Appeal for the Federal Circuits, met with The Rt Hon Professor Sir Robin Jacob for an informal IBIL event attended by some 80 young IP professionals. The two 'conversationalists', both Appeal Judges, spoke on a range of IP topics including jury trial equivalents, damages calculations, when injunctions should be held, and the future of intellectual property law in 25 years' time. It was a chance for the audience to access two authoritative IP experts, spanning the US and UK jurisdictions, in a rare and freewheeling discussion.
19 June 2012 - CIPA 2012 Intellectual Property Debate in association with the UCL Institute of Brand and Innovation Law
THE MOTION:
'This house believes that political pressure and a few loud business voices are making the IP systems in Europe less and less relevant to the needs of small enterprises.'
Panellists are: FOR - Michael Willcox (Michael Willox School of Colour) and Vicki Salmon (CIPA). AGAINST - Sean Dennehey (IPO) and James Nurton (Managing IP)
Chaired by The Rt Hon Prof. Sir Robin Jacob
3 April 2012 - What Would Leadership in Copyright Policy Look Like?

bill patryThe Hargreaves Review bemoaned the prevalence of lobbynomics and the tendency of policy-driven evidence-making, instead of evidence-driven policy-making. When politicians talk about being leaders, what does it mean to lead when policy is not based on evidence? Who is leading who?

At a lively UCL Institute for Brand and Innovation Law (IBIL) Brands Seminar held on 3 April, William F Patry, Chief Copyright Counsel, Google Inc. discussed the issues and the current state of play on copyright with The Rt Hon Prof Sir Robin Jacob of UCL Laws, who chaired the event. A copyright lawyer for 30 years, Bill Patry previously served as copyright counsel to the US House of Representatives Committee on the Judiciary and as a Policy Planning Advisor to the Register of Copyrights. He is also a prolific writer on copyright. He offered his frank and far-reaching expertise on US and international copyright issues to the UCL audience in attendance.





For more info:
IPKat Event Blog Part I
IPKat Event Blog Part II

6 March 2012 - Patents Stop People Doing Things? So Why Are They a Good Thing?

UCL Lunch Hour Lecture
The Rt. Hon. Professor Sir Robin Jacob

 

1 March 2012 - Is the United States Really Becoming a First to File Patent System?
IBIL IP in Practice Student Seminar
with guest speaker Professor Dan Burk (University of California at Irvine)
Download the slides
15 February 2012 - Trade Marks and the Internet: US and European Views
Speakers:
Professor Barton Beebe (NYU) - DOWNLOAD PAPER
Alexander von Muhlendahl (Bardehle Pargenberg) - DOWNLOAD PAPER
Chair: The Hon Mr Justice Arnold

About this event
What amounts to a trade mark infringement on the Internet is a a matter of vital commercial importance. Both the question of whether there is an infringement and who should be liable are subjects of wide debate and argument. Can a trade mark owner sue an internet auctioneer? Could others (ISPs, credit card companies via whom infringers are paid sand so on). And how far can a court grant remedies having cross-border effect. These questions are increasingly coming before the courts on both sides of the Atlantic. Is a common approach possible or necessary? Attendees had clear understanding of the current state of the law and where it may be going in the figured.



1 February 2012 - Brüstle v Greenpeace: Has the European Court seriously damaged stem cell research?
Institute of Brand and Innovation Law (IBIL) at UCL's Law Faculty with the UCL Centre for Stem Cells and Regenerative Medicine

Dr Justin Turner QC, 3 New Square Chambers
Professor Pete Coffey, UCL Centre for Stem Cells and Regenerative Medicine
Professor Jo Wolff, UCL Department of Philosophy
Chaired by The Rt Hon Professor Sir Robin Jacob
Accredited with 1.5 CPD hour by the SRA and BSB

About this event

On Tuesday 18th October 2011, the Court of Justice of the European Union published it's decision regarding the case of Brüstle v Greenpeace, declaring that a process which involves removal of a stem cell from a human embryo at the blastocyst stage, entailing the destruction of that embryo, cannot be patented. There is a widespread view that its effect has been to provide a significant bar to patentability in this area. In this event the true legal limits of the decision will be explored and its practical and ethical implications will be examined.

2 December 2011 - Brand, Competition Law and IP Law

organised by the UCL Centre for Law, Economics Society, UCL IBIL, and Loyola University Chicago

Speaker include: Christian Alhborn (Linklaters), Tony Appleton (Proctor & Gamble), Simon Baxter (Skadden Arps), Deven Desai (Google, Inc), Dr Peter Davis (Compass Lexecon), Dr Amelia Fletcher (OFT), Prof. Sir Robin Jacob (UCL Laws), Dr Ioannis Lianos (UCL Laws), John Noble (British Brands Group), Prof. Spencer Weber Waller (Loyola University Chicago)

About this conference
The aim of this conference was to reflect on the legal and economic understanding of brands by explaining what brands are and how they function, how trademark and competition law integrate brands in their framework and if this is satisfactory, and the role brands play in business competition. The conference also delved into specific issues raised by branding in the 21st century business competition, such as the challenges raised by online business and the increasing role of private labels in distribution.

Download slides for the following Speakers' talks

Also available is:

This conference was accredited with 4.5 CPD hour by the SRA and BSB

23 November 2011 - Innovation Seminar
Conor v Angiotech
On Appeal from the House of Lords and the District Court of the Hague

Before the Supreme Patent Court (Justice Rothstein of the Supreme Court of Canada)
Council for the Appellants:
The Rt Hon. Professor Sir Robin Jacob and members of the Audience
Council for the Respondents:
The Rt Hon Professor Lord Hoffmann and members of the Audience
Accreditation: 1.5CPD hours (SRA / BSB / IPReg)

Documents to download


16 November - Question the Trade Mark Judges
UCL IBIL & MARQUES- Questions for the Trade Mark Judges
Panellists:
• The Rt. Hon. Sir Robin Jacob (Chair)
• The Hon. Mr Justice Arnold, High Court judge
• Gordon Humphreys, member of 2nd, 3rd and 5th Boards of Appeal, OHIM
• Amanda Michaels, Appointed Person
• Allan James, Senior Hearing Officer and Head of Trade Mark Tribunal, UK IPO
22 June 2011 - The Sir Hugh Laddie Annual Lecture
Killing the Goose that Laid the Golden Egg: too many trademarks?
Speaker: The Hon Mrs Justice Fidelma Macken, Irish Supreme Court
Chaired by The Rt Hon Lord Justice Mummery

DOWNLOAD THE LECTURE PAPER

19 May 2011 - CLP Lecture
Exclusions from Patentability and Exceptions to Patentees’ Rights ... or ... Taking Exceptions Seriously
Speaker: Lionel Bently (University of Cambridge)

About the lecture:
Drawing on a research study prepared for WIPO’s Standing Committee on the Law of Patents, this talk will explore the relationship between exclusions from patentability (such as those in section 1(2) and 1(3) of the Patents Act 1977) and exceptions to patentees rights (such as those in section 60(5)). After a brief analysis of historical and international trends in both areas, the speaker will consider the degree to which these two legal devices (exclusions and exceptions), which are normally to be distinct and unrelated, in fact fulfil similar functions. To the extent that some exclusions and exceptions are found to be designed to fulfil similar functions, the speaker will ask what is at stake in the choice between the two legal mechanisms. While recognising there are arguments in favour of exclusions, Bently will suggest that there are good practical reasons for thinking that exceptions offer a more satisfactory way of giving effect to particular policy goals. The speaker therefore calls upon national governments, as well as regional and international norm-setters, to begin to take exceptions seriously.  

Accredited with 1 CPD hour (SRA / BSB / IPReg)
6 April 2011 - DEBATE
Do Patents Incentivise or Inhibit Innovation? A scientific and legal panel discussion
The panel consisted of:
  • Sydney Brenner, 2002 Nobel Laureate for Physiology or Medicine,
  • Professor Sir John E. Sulston (2002 Nobel Laureate for Physiology or Medicine, Chair of Institute for Science, Ethics & Innovation, University of Manchester),
  • Professor Salvador Moncada (Director, Wolfson Institute for Biomedical Research, UCL),
  • The Rt Hon Lord Justice Jacob (Sir Hugh Laddie Professor of Intellectual Property Law, UCL)
  • Patrick Vallance (Senior Vice President, Medicines Discovery and Development, GlaxoSmithKline)

Accredited with 1.5 CPD hours (SRA / BSB / IPReg)



4 April 2011
A Dialogue with David Kappos, Director of the US Patent & Trademark Office
UCL's Institute of Brand and innovation Law hosted an event organised by the Directors Roundtable Institute with the Cooperation of AIPPI UK
David Kappos, the top official of the U.S. Patent & Trademark Office, discussed key policies of the US Government regarding intellectual property including current patent filing and approval rules, and trademark regulations. He was joined by:

- Avril Martindale, Parter at Freshfields
- Richard Vary, Director of European Litigation, Nokia
- Lord Justice Jacob, Sir Hugh Laddie Professor of Intellectual Property, University College London.

Accredited with1.5 hours by SRA / BSB / IPReg

The transcript of this event will be available soon

23 March 2011
Trade Marks: The Future of the Advertising Function
Jerome Gilson (Brinks, Hofer, Gilson & Lione) - DOWNLOAD PAPER
Dr Ilanah Simon Fhima (UCL) - DOWNLOAD SLIDES
Prof. Dr Annette Kur (Max Planck Institute of IP) - DOWNLOAD SLIDES
Chaired by The Hon Mr Justice Arnold
Accredited with 2 CPD hour


 

4 week Masterclass starting from 1 March 2011 - 22 March 2011
Remedies Masterclass

In this high level short course, the first of its kind in the UK, speakers drawn from the judiciary, the bar and private practice will provide a comprehensive overview of the different types of remedies open to those seeking to enforce their IPRs, from pre-action remedies to final injunction and everything in between. Over four weeks, expert speakers will take an in-depth look at the various types of monetary remedies and injunctions, their strengths and weaknesses, latest developments and predictions for the future.

The course was accredited with 8 CPD hours by the Solicitors Regulation Authority and the Bar Standards Board.  

Speakers include:

  • The Rt Hon Lord Justice Jacob
  • Michael Block QC (Wilberforce Chambers)
  • Mark Engelman (Hardwicke Chambers)
  • Mark Bezant (FTI Consulting)
  • Benet Brandreth (11 South Square)
  • Alan Bryson (Wilberforce Chambers)

The masterclassses will be chaired by:

  • The Hon Mr Justice Flolyd
  • Daniel Alexander QC (8 New Square / UCL IBIL)
  • John Hull (Memery Crystal / UCLIBIL)
  • Dr Matt Fisher (UCL IBIL)
23 & 30 November 2010
Masterclass: The Protection of Famous Marks
Taught by Dr Frederick Mostert, Chief Counsel, Richemont, and Visiting Professor, UCL Faculty of Laws

About the masterclass:
This Masterclass is designed to equip participants with a thorough understanding of the special legal protection granted to famous marks at the international level and in the US and European Union. It also introduces the challenges faced by famous marks on the internet, and the legal and practical means that famous mark holders have to control unauthorised used of their marks online.

17 November 2010
Patent Claim Interpretation

Prof. Dr. Peter Meier-Beck, Judge at the German Federal Court of Justice
Professor Dan Burk, Chancellor's Professor of Law, University of California, Irvine
Dr Matt Fisher, UCL IBIL
Chaired by Professor Daniel Alexander QC, UCL and 8 New Square

About this event:
This seminar examined some of the many issues that surround the interpretation of a patent's claims in Germany, the UK and US. Patents operate as a breakwater from competition, enabling control of the supply and use of a certain type of information; information that would otherwise be freely appropriable by all. They create scarcity where there would naturally be none, marking out a novel zone of virgin territory that may only be cultivated by the patentee or with their permission. Due to this effect their scope is of critical importance. In the UK, as in Germany and the US, the patent's claims are the key to its scope. They are utilised by the granting Office when considering issues of patentability and by the courts in matters of validity and infringement. Their breadth is important to the patentee as this defines the extent of their proprietary interest, and to their competitors for the very same reason.

This seminar brought together leading speakers from Germany, the UK and US to consider issues including:

  • Article 69 EPC and its Protocol; their form and function
  • The German approach to claim interpretation;
  • The Doctrine of Equivalents;
  • The US approach to claim construction; and
  • The current UK approach to construction.
8 November 2010
How can Europe be a key player at a global level in the patent field? What is the role of the EPO?

Benoît Battistelli, President of the European Patent Office (EPO)

Followed by a panel discussion with the speaker and
John Alty, Chief Executive of the UK Intellectual Property Office (IPO) and
Alasdair Poore
, President of the Chartered Institute of Patent Attorneys (CIPA)

The chair was taken by The Rt Hon Lord Justice Jacob

View the video of this event:

The Sir Hugh Laddie Lecture, 15 June 2010

The Sir Hugh Laddie lecture was delivered by Mr Raimund Lutz, President of the German Federal Patent Court, Munich
on "From National Patent Litigation to a European Patent Court - A Dream, A Wish or Soon Reality?"
Chaired by Professor Jan Brinkhof

IBIL Student Seminar Series 2009-10

These seminars were open to UCL, KCL and QMUL students, as well as IBIL sponsors.

TERM 1

3 November 2009
Rights and wrongs:
The impact of the European Union on IP law
Michael Silverleaf QC
Head of Chambers, 11 South Square

15 December 2009
Frederick Mostert
Chief Intellectual Property Counsel,
Richemont International

TERM 2

12 January 2010
Intellectual Property: What's Up Now?
Rt Hon Lord Justice Jacob
Court of Appeal
Chair: Ian Karet, Partner, Linklaters

2 February 2010
Stephen Jones
Partner, Baker & McKenzie

2 March 2010
Gordon Harris
Head of IP, Wragge and Co

16 March 2010
How to run a patent action: The do's and don'ts
HH Judge Fysh QC SC
Patents County Court

24 February 2010
TRADE MARKS AND THE INTERNET

About this event
This seminar examined the problems raised when online technology meets trade mark law, from the point of view of both brand owners and online service providers. Our international panel of speakers considered recent domestic and ECJ cases such as L’Oreal v eBay and Google.

Topics for discussion included:

  • the use of trade marks on internet auction sites;
  • the sale of trade marks as advertising keywords;
  • secondary liability for trade mark infringement and its relationship to secondary liability for IPR infringement more generally; and
  • the wider question of whether the advent of new technology should bring with it a change to well-established intellectual property rules.  

Speakers included:

  • Prof. Graeme Dinwoodie, University of Oxford (Chair)
  • Frederick Mostert, Richemont Group
  • Cédric Manara, Associate Professor of Law at EDHEC, Paris
    Download / View Slides
  • Henry Carr QC, 11 South Square
  • Dr Harjinder Obhi, Google
    Download Slides
27th January 2010
BRAND PROTECTION AND COMPETITION

The aim of this event was to bring together competition and IP specialists and industry experts to stimulate discussion on:

  • the protection of brand value under the competition rules;
  • the interaction of the competition rules with intellectual property law; and
  • L’Oreal v Bellure and other recent developments in the law.

Speakers included:

  • The Hon Mr Justice Arnold
  • Philip Collins (Chairman, OFT)
  • The Rt Hon Lord Justice Jacob
  • Deborah Majoras (Procter & Gamble)
  • Michael Miller (Amazon)
  • Jackie Holland (Director, OFT)
  • The Hon Mr Justice Roth
  • Dr Christopher Stothers (UCL & Arnold & Porter (UK) LLP) 

View the video of this event:

11 November 2009
THE FUTURE OF PATENT LITIGATION

Chair: Professor Lionel Bently, University of Cambridge
  • Litigation Costs
    The Rt Hon Lord Justice Jackson,
    Court of Appeals

  • The Patents County Court
    The Hon. Mr Justice Arnold,
    High Court of England and Wales

  • Civil Procedure as it Affects Patent Law
    Professor Adrian Zuckerman,
    University of Oxford;
A recording of this will be available soon.
Tuesday 16 June 2009
THE SIR HUGH LADDIE LECTURE:
THE FUNCTION OF A TRADE MARK: HUGH LADDIE AND THE EUROPEAN COURT OF JUSTICE

In this lecture, Lord Hoffmann, who recently retired as a Lord of Appeal in Ordinary (Law Lord), reflects on the contribution made to European trade mark law by the late Sir Hugh Laddie. In surveying Sir Hugh's leading cases, including Wagamama, Davidoff I, Arsenal and Boehringer Ingelheim, Lord Hoffmann focuses on Sir Hugh's belief that the key function of a trade mark is to act as a badge of origin. Lord Hoffmann concludes with the prediction that European trade mark lawyers may yet come to adopt Sir Hugh's approach. Until his untimely death in November 2008, Professor Sir Hugh Laddie was the Professor of Intellectual Property at UCL.

Speakers:
The Rt Hon the Lord Hoffmann
Chaired by The Rt Hon the Lord Neuberger of Abbotsbury
Presiding, Professor Malcolm Grant CBE
Introduction by Professor Dame Hazel Genn DBE QC

LISTEN AGAIN TO:
THE FUNCTIONS OF A TRADE MARK: HUGH LADDIE AND THE EUROPEAN COURT OF JUSTICE

or alternatively click on this link to download the pod and/or vodcast to your MP3 player.

Wednesday 11 February 2009
TRADE MARK INGRINGEMENT WITHOUT CONFUSION - DILUTION
BrochureThis seminar explored the controversial issue of trade mark dilution from the perspective of the United States, the Benelux countries and the UK.

Protecting trade marks against dilution has always been controversial. Traditionally, trade mark protection has been tied to whether consumers are confused. This can be justified because it means that the infringement action serves to protect consumers. However, there is no need for confusion in the dilution action, meaning that the traditional rationale for trade mark protection does not work. This has led to fears that dilution creates ‘property’ in trade marks and only benefits the trade mark owner.

It has also been very difficult to prove dilution. Unlike confusion, dilution is based on subconscious processes, and so both courts and legislators have had difficulty in defining it, and devising a test for it, and some have been sceptical about whether it takes place at all. Although these issues are no longer new, this is nevertheless a timely seminar: the US has only recently completely replaced its dilution legislation and, at the end of last year, the European Court of Justice issued its first decision considering the meaning of the types of detriment and unfair advantage that European legislation requires (another is in the pipeline).

This seminar brings together leading speakers from the US, the UK and the Benelux (which has always claimed that European dilution law is based on the pre-harmonisation Benelux law) to consider issues including:

  • Should we protect trade marks against dilution?
    If so, which marks should benefit from dilution?
  • How can dilution be proved?
  • Is the present scope of dilution too wide?
  • What are the differences between the protection available in the US and Europe? Can we learn from each others’ experiences?

The seminar is allied to two of IBIL’s key research themes: (i) IP and European integration and (ii) comparative trade mark law.

The American Perspective
Professor J. Thomas McCarthy, Founding Director, McCarthy Institute of Intellectual Property, University of San Francisco, USA
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The Benelux Perspective
Professor Charle Gielen, NautaDutilh, Amsterdam, The Netherlands
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The UK Perspective
Professor David Llewellyn, White & Case, and King's College London, UK
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Chair: The Rt. Hon. Sir Robin Jacob, Court of Appeal, UK

Accreditation: 2 CPD hour by the Solicitors Regulation Authority

Wednesday 21 January 2009
PATENT PRACTICES IN THE PHARMACEUTICAL SECTOR - THE AFTERMATH OF THE EUROPEAN COMMISSION'S REPORT
On 28th November 2008, the European Commission announced its preliminary report focusing on patent practices in the pharmaceutical sector. The lauch of the controversial report was attended by, amongst others, the leading English Court of Appeal judge, Rt. Hon Lord Justice Jacob, whose speech can be viewed here.

Programme:
Chair: The Hon Mr Justice Barling, President, Competition Appeal Tribunal.

The Innovation Process and Patenting
Paul Denerley, AstraZeneca
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Regulatory Considerations
Ann Nielson, Bristol-Myers Squibb
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The Generic Industry Perspective
Howard Rosenberg, Frommer, Lawrence and Haug LLP

Litigating and the Commission's Methodology
David Rosenberg, GSK
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Competition Law Issues
John Kallaugher, UCL and Latham & Watkins LLP
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This programme was developed in co-operation with the Rt. Hon. Sir Robin Jacob.




11 November 2008
PATENT ENFORCEMENT - PROBLEMS AND POSSIBILITIES
Welcome by Professor Sir Hugh Laddie QC, Director, Institute of Brand and Innovation Law, UCL
Chair: The Hon Mr Justice Arnold

Injunctions and Remedies in the post-Troll IP World
The Honorable Judge Randall R Rader, Circuit Judge of the Court of Appeals for the Federal Circuit, Washington DC, USA
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The 'Desire for harmonisation'-factor
Professor Jan Brinkhof, Presiding judge of the Intellectual Property Chamber of the Court of Appeal of the Hague; Professor of IP, Utrecht University
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Speed, cost and remedies - striking a balance
The Hon. Mr Justice Kitchin, High Court of England and Wales;
11 NOV BROCHURE
Tuesday 3 June 2008
LAUNCH SEMINAR OF THE INSTITUTE OF BRAND AND INNOVATION LAW
Topics include The “O2 Holdings” case and comparative advertising; Community Patent, the EPLA or nothing? A view from the negotiating table; The judgment in Actavis and the decision in Mobil/friction reducing additive; and An examination of the direction of EU harmonisation in the copyright field.

Speakers include:
Geoffrey Hobbs QC, Barrister, One Essex Court Chambers, Robin Stout, Head of EU Policy, the UK Intellectual Property Office, The Rt. Hon. Lord Justice Jacob, Dr Tilman Lüeder, Head of Copyright and Knowledge-based Economy Unit, DG Internal Market, European Commission

This seminar was accredited with 2.5 CPD by the Law Society, Bar Council and ITMA. This course constituted relevant CPD for CIPA Fellows


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