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2012
Standards, FRAND, NPEs and Injunctions Conference
6 & 7 November 2012
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.
Speakers:
- 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
- The Rt. Hon. Professor Sir Robin Jacob (Chair).
Download the full programme here.
Domain Name Disputes in the '.uk' Domain - Practice and Procedure
2 November 2012
The Nominet domain name Dispute Resolution Service has now been in operation for over 10 years. This one-day workshop provides 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, with participation from The Rt Hon. Professor Sir Robin Jacob and The Rt Hon the Lord Neuberger.
Question the Trade Mark Judges
17 October 2012
About the event:
A this joint IBIL and MARQUES event, the Chair, The Rt Hon Professor Sir Robin Jacob, posed a set of pre-selected questions from the audience to a panel of trade mark judges.
Speakers:
- 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
The Real, Dramatic and Ongoing Changes to US Patent Law and their Impact on the Practice of Patent Law
17 October 2012
The US Patent system is in the midst of major changes. In late 2011, the Leahy-Smith America Invents Act (AIA) was enacted – legislation that has rightfully been identified as the greatest single modification to the US 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 have collectively issued hundreds of precedential decisions covering virtually every aspect of patent law.
This course, presented by Professor Dennis Crouch (University of Missouri and Author of the Patently-O Blog) 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.
A Conversation with Chief Judge Randall R. Rader and Professor Sir Robin Jacob
26 June 2012
A 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.
Intellectual Property Debate in association with CIPA
19 June 2012
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.'
Panel:
FOR - Michael Willcox (Michael Willox School of Colour) and Vicki Salmon (CIPA)
AGAINST - Sean Dennehey (IPO) and James Nurton (Managing IP)
The Rt Hon Prof. Sir Robin Jacob (Chair)
What Would Leadership in Copyright Policy Look Like?
3 April 2012
The 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 seminar held, William F Patry, Chief Copyright Counsel, Google Inc. discussed the issues and the current state of play on copyright. 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.
Watch a recording of the event here on our YouTube channel, or read the IPKat blog about it here.
Patents Stop People Doing Things? So Why Are They a Good Thing?
6 March 2012
Speaker: The Rt. Hon. Professor Sir Robin Jacob
The public debate about patents is old and never stops. Here is what Jeremy Bentham said: 'So long as men are governed by unexamined prejudices and led away by sounds, it is natural for them to regard patents as unfavourable to the encrease of wealth. So soon as they obtain clear ideas to annex to these sounds, it is impossible for them to do otherwise than recognize them to be favourable to that encrease: and that in so essential a degree, that the security given to property can not be said to be compleat without it.'
This lecture puts the debate in modern context and shows why Bentham was right.
Watch a recording of the lecture on our YouTube channel.
Is the United States Really Becoming a First to File Patent System?
1 March 2012
Speaker: Professor Dan Burk, University of California at Irvine.
Download the slides here.
Trade Marks and the Internet: US and European Views
15 February 2012
About the 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?
Speakers:
- Professor Barton Beebe, NYU (Download Paper)
- Alexander von Muhlendahl, Bardehle Pargenberg (Download Paper)
- The Hon Mr Justice Arnold (Chair)
Watch a recording of the event on our YouTube channel.
Brüstle v Greenpeace: Has the European Court seriously damaged stem cell research?
1 February 2012
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.
Speakers:
- 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
- The Rt Hon Professor Sir Robin Jacob (Chair).
2011
Brand, Competition Law and IP Law Conference
2 December 2011
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.
Speakers:
- Christian Alhborn (Linklaters)
- Tony Appleton (Proctor & Gamble)
- Simon Baxter (Skadden Arps)
- Deven Desai (Google, Inc)
- Dr Peter Davis (Compass Lexecon) - Brands and Economics: Friend or Foe? (pdf)
- Dr Amelia Fletcher (OFT) - Brands: An Introduction to their competitive effects (pdf)
- Prof. Sir Robin Jacob (UCL Laws)
- Dr Ioannis Lianos (UCL Laws)
- John Noble (British Brands Group) - Brands & the interaction between competition law and TM law
- Prof. Spencer Weber Waller (Loyola University Chicago) - Brands, Competition and the Law
- Simon Pritchard (Allen & Overy) - Brands in UK Merger Control
Conor v Angiotech - On Appeal from the House of Lords and the District Court of the Hague
23 November 2011
About the event:
Conor v Angiotech was a real case in which the House of Lords reversed concurrent findings of obviousness by the High Court and the Court of Appeal. The House of Lords agreed with the Dutch court which had decided the parallel case in Holland. A sold out UCL Laws event on 23 November revisited this important patent law case and related arguments.
The event took the form of a moot between Lord Hoffmann and the Rt. Hon. Professor Sir Robin Jacob of UCL Laws, who raised fundamental questions about the law of obviousness. A neutral introduction to the problem was followed by legal argument from the two 'counsel' (who themselves had given the lead judgments in the Court of Appeal and House of Lords respectively). The 'Judge', Justice Rothstein of the Canadian Supreme Court, flew in to London especially for the event, and acted as an 'international' arbitrator. Members of the audience were invited to join in the debate, as well as the equally lively drinks reception afterwards.
View pictures of the event here or download the documents:
Patent Specification with amendments
Court of Appeal Judgment
House of Lords Judgment
Skeleton Arguments of the Parties
Final Judgement from Justice Rothstein
Question the Trade Mark Judges
16 November 2011
About the event:
A this joint IBIL and MARQUES event, the Chair, The Rt Hon Professor Sir Robin Jacob, posed a set of pre-selected questions from the audience to a panel of trade mark judges.
Speakers:
- 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
View photos taken at the event here.
Exclusions from Patentability and Exceptions to Patentees’ Rights ... or ... Taking Exceptions Seriously
19 May 2011
Speaker: Professor Lionel Bently, University of Cambridge
Drawing on a research study prepared for WIPO’s Standing Committee on the Law of Patents, this talk explores 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 considers 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 asks what is at stake in the choice between the two legal mechanisms. While recognising there are arguments in favour of exclusions, Bently suggests 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.
Do Patents Incentivise or Inhibit Innovation? A scientific and legal panel discussion
6 April 2011
About the event:
A groundbreaking scientific and legal panel discussion at Beveridge Hall, Senate House in London, this sell-out event brought together participants from across the university, the legal profession and beyond.
Speakers:
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)
View pictures taken at the event here.
A Dialogue with David Kappos, Director of the US Patent & Trademark Office
4 April 2011
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) and Professor Sir Robin Jacob.
Trade Marks: The Future of the Advertising Function
23 March 2011
Speakers:
Jerome Gilson (Brinks, Hofer, Gilson & Lione) - Download Paper
Dr Ilanah Simon Fhima (UCL) - Download Presentation
Prof. Dr Annette Kur (Max Planck Institute of IP) - Download Presentation
The Hon Mr Justice Arnold (Chair)
Remedies Masterclass
March 2011
In this high level short course, the first of its kind in the UK, speakers drawn from the judiciary, the bar and private practice provided 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.
Speakers and on 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 Hon Mr Justice Floyd
- Daniel Alexander QC (8 New Square)
- John Hull (Memery Crystal / UCL IBIL)
- Dr Matt Fisher (UCL IBIL)
2010
The Protection of Famous Marks Masterclass
November 2010
This Masterclass aimed 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 introduced 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.
Taught by Dr Frederick Mostert, Chief Counsel, Richemont, and Visiting Professor, UCL Faculty of Laws.
Patent Claim Interpretation
17 November 2010
This seminar brought together leading speakers from Germany, the UK and US to consider issues including Article 69 EPC and its Protocol, claims 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.
Speakers:
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
Professor Daniel Alexander QC, UCL and 8 New Square (Chair).
How can Europe be a key player at a global level in the patent field? What is the role of the EPO?
8 November 2010
Speakers:
Benoît Battistelli, President of the European Patent Office (EPO)
John Alty, Chief Executive of the UK Intellectual Property Office (IPO)
Alasdair Poore, President of the Chartered Institute of Patent Attorneys (CIPA)
The Rt Hon Lord Justice Jacob (Chair).
Trade Marks and the Internet
24 February 2010
About the 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, including L’Oreal v eBay and Google.
Speakers:
- Prof. Graeme Dinwoodie, University of Oxford (Chair)
- Frederick Mostert, Richemont Group
- Cédric Manara, Associate Professor of Law at EDHEC, Paris
- Henry Carr QC, 11 South Square
- Dr Harjinder Obhi, Google
Read the IPKat blog report about the event here.
Brand Protection and Competition
27 January 2010
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:
- 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).
2009
The Future of Patent Litigation
11 November 2009
Speakers:
- Chair: Professor Lionel Bently, University of Cambridge (Chair)
- The Rt Hon Lord Justice Jackson, Court of Appeals - Litigation Costs
- The Hon. Mr Justice Arnold, High Court of England and Wales -The Patents County Court
- Professor Adrian Zuckerman, University of Oxford - Civil Procedure as it Affects Patent Law
Trade Mark Infringement without Confusion - Dilution
11 February 2009
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 brought together leading speakers from the US, the UK and the Benelux.
Speakers:
The US Perspective - Professor J. Thomas McCarthy, University of San Francisco, USA
Download Presentation:
ibil_11feb09_mccarthy_ppt.pdf
The UK Perspective - Professor David Llewellyn, King's College London, UK
Download Presentation:
ibil_11feb09_llewelyn_ppt.pdf
The Benelux Perspective- Professor Charle Gielen, NautaDutilh, Amsterdam, The Netherlands
Download Presentation:
ibil_11feb09_gielen_ppt.pdf
Patents in the Pharmaceutical Sector - The Aftermath of the European Commission's Report
21 January 2009
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.
The Hon Mr Justice Barling, President, Competition Appeal Tribunal (Chair)
- Paul Denerley, AstraZeneca - The Innovation Process and Patenting - Download Presentation:
ibil_21jan09_denerley_pp.pdf
- Ann Nielson, Bristol-Myers Squibb - Regulatory Considerations- Download Presentation:
ibil_21jan09_neilsen_pp.pdf
- Howard Rosenberg, Frommer, Lawrence and Haug LLP - The Generic Industry Perspective:
ibil_21jan09_rosenberg_pp.pdf
- David Rosenberg, GSK - Litigating and the Commission's Methodology - Download Presentation:
ibil_21jan09_rosenberg_pp.pdf
- John Kallaugher, UCL and Latham & Watkins LLP - Competition Law Issues - Download Presentation:
ibil_21jan09_kallaugher_pp.pdf
2008
Patents Enforcement - Problems and Possibilities
11 November 2008
Speakers:
- Professor Sir Hugh Laddie QC, Director, Institute of Brand and Innovation Law, UCL
- The Hon Mr Justice Arnold (Chair)
- The Honorable Judge Randall R Rader, Circuit Judge of the Court of Appeals for the Federal Circuit, USA - Injunctions and Remedies in the post-Troll IP World - Download Slides:
ibil_11nov08_rader_ppt.pdf
- Professor Jan Brinkhof, Presiding judge of the Intellectual Property Chamber of the Court of Appeal of the Hague; Professor of IP, Utrecht University - The 'Desire for harmonisation'-factor - Download Presentation:
ibil_11nov08_brinkhof_ppt.pdf
- The Hon. Mr Justice Kitchin, High Court of England and Wales - Speed, cost and remedies - striking a balance.