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IP and ADR

01 May 2019, 12:30 pm–7:15 pm

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A conference organised by UCL IBIL, WIPO, Munich IP Dispute Resolution Forum (IPDR), and the Center for Intellectual Property and Competition Law, Zurich University (CIPCO)

Event Information

Open to

All

Organiser

UCL Laws Events

Location

UCL Faculty of Laws
Bentham House, Endsleigh Gardens
London
WC1H 0EG

About this conference

Intellectual Property (IP) is of ever-growing importance in modern economies, and so are IP disputes. Increasingly, such disputes are resolved by way of alternative dispute resolution (ADR) mechanisms. The FRAND licensing of standard-essential patents, as well as the Life Sciences sector are two areas in which mediation and arbitration are prominent, promising, but also challenging in some respects.

This conference, hosted by UCL, WIPO, the Munich IP Dispute Resolution Forum and Zurich University’s Center for Intellectual Property and Competition Law (CIPCO), addresses the key aspects of IP ADR in the SEP/FRAND and the Life Sciences area in a high-level setting. It brings together business representatives, judges, academia, and legal practitioners, providing best practice-advice and a first hand-insight on the future of IP ADR.

Speakers include:

  • Juliane Buchinski (Lead IP Litigation Counsel Europe, ZTE)
  • Ignacio de Castro (Deputy Director, WIPO Arbitration and Mediation Center)
  • Trevor Cook (WilmerHale)
  • Claudia Feller (Simmons & Simmons)
  • Dr. Clemens Heusch (Head of European Litigation, Nokia)
  • The Rt Hon Lord Justice Floyd
  • Prof. Sir Robin Jacob (Director, UCL Institute of Brand & Innovation Law (IBIL))
  • Dr. Monika Hupfauf (Partner, Koch/Hupfauf Attorneys)
  • Prof. Dr. Peter Meier-Beck (Judge, German Federal Supreme Court)
  • Prof. Dr. Peter Georg Picht (Director, Center for Intellectual Property and Competition Law (CIPCO), University of Zurich)
  • Gavin Pope (Head of Legal Global Pharmaceuticals Development, Medical Affairs & Litigation, Novartis Pharma AG)
  • Raffael Probst (Ludwig-Maximilians University, Munich)
  • Judge Randall Rader (former United States Circuit Judge and former Chief Judge of the United States Court of Appeals for the Federal Circuit)
  • Dr Ralf Uhrich (Patent Litigation Counsel, Google)
  • Annet van Hooft (van Hooft Legal)
  • Judge Dr Matthias Zigann (Presiding Judge, Regional Court Munich I)

 

This conference is organised by

UCL IBIL, WIPO and CICPO logos
and the Center for Intellectual Property and Competition Law, Zurich University (CIPCO)

 

View the programme

12:30

Registration and Lunch

14:00

Welcome and Introduction

  • Prof. Sir Robin Jacob (Director, UCL Institute of Brand & Innovation Law (IBIL))
  • Prof. Dr. Peter Georg Picht (Director, Center for Intellectual Property and Competition Law (CIPCO), University of Zurich)

14:20

Session 1: ADR in the SEP/FRAND Arena

Overview of FRAND case-law and WIPO FRAND ADR
Ignacio de Castro (Deputy Director, WIPO Arbitration and Mediation Center) and Trevor Cook (WilmerHale and WIPO Arbitrator)

The Munich IPDR Forum FRAND ADR Case Management Guidelines
Claudia Feller (Simmons & Simmons) & Raffael Probst (Ludwig-Maximilians University, Munich)

15:10

Panel 1: Industry View

  • Prof. Dr. Peter Picht (Chair)
  • Dr. Clemens Heusch (Head of European Litigation, Nokia)
  • Dr Ralf Uhrich (Patent Litigation Counsel, Google)
  • Juliane Buchinski (Lead IP Litigation Counsel Europe, ZTE)

15:50

Refreshment Break

16:10

Panel 2: Views form the Bench

  • Prof. Sir Robin Jacob (Chair)
  • Judge Randall Rader (former United States Circuit Judge and former Chief Judge of the United States Court of Appeals for the Federal Circuit)
  • Judge Dr Matthias Zigann (Presiding Judge, Regional Court Munich I)
  • The Rt Hon Lord Justice Floyd

17:15

Session 2: IP & ADR in the Life Science Industry

Introduction: Dr. Monika Hupfauf (Chair)

  • Dr. Monika Hupfauf (Partner, Koch/Hupfauf Attorneys)
  • Prof. Dr. Peter Meier-Beck (Judge, German Federal Supreme Court)
  • Annet van Hooft (van Hooft Legal)
  • Gavin Pope (Head of Legal Global Pharmaceuticals Development, Medical Affairs & Litigation, Novartis Pharma AG)

18:15

Closing remarks

 

Drinks Reception

About the speakers

Juliane  Buchinski, LL.M. is the Lead IP Litigation Counsel Europe at ZTE  in Düsseldorf, Germany. She is responsible for ZTE 's IP litigation, including IP Strategy and Policy throughout Europe. Since 2015 she defined the litigation strategy of ZTE  in Europe and was involved in large number of cases that specified the case law on FRAND  matters in Europe. Before joining ZTE , Juliane was a senior associate at the international law firm Hogan Lovells  (2008-2015) specialised in patent litigation. She studied law at the University of Halle/Saale, Germany and received a LLM  degree from the Victoria University of Wellington, New Zealand. Juliane is a registered lawyer at the Düsseldorf Bar and is fluent in German and English.

Ignacio de Castro, Deputy Director – WIPO Arbitration and Mediation Center - Geneva
Ignacio de Castro is a Spanish lawyer and an English solicitor. Ignacio holds an LL.M. degree from King's College London. Before joining WIPO in 2002, he was on the legal staff at the United Nations Compensation Commission in Geneva and, prior to that, practiced with the law firm Freshfields Bruckhaus Deringer, London in the areas of international arbitration and litigation.

Claudia Feller, attorney, Simmons & Simmons LLP
Claudia Feller is an attorney at law at Simmons & Simmons LLP. After completing her legal clerkship at the Higher Regional Court of Munich and the German Embassy in Madrid, she worked for several years as Academic Associate at the Chair for Business Law and Intellectual Property at the Technical University of Munich. She obtained a doctoral degree on the topic of FRAND-Declarations with a scholarship of the Max Planck Institute for Innovation and Competition. Claudia also holds a master´s degree in European and International Business Law (LL.M.eur.) from the Ludwig-Maximilians-University, Munich and a master´s degree in Intellectual Property Law and Policy (LL.M.) from the University of Washington, Seattle. She is member of the Executive Board of the Munich IP Dispute Resolution Forum and co-author of the Forum´s FRAND ADR Case Management Guidelines.

Christopher Floyd (The Rt Hon Lord Justice Floyd)
Sir Christopher Floyd has been a judge of the Court of Appeal for England and Wales since April 2013, and since October 2018 has been the supervising judge for intellectual property cases in the Court of Appeal.  From 2007 he was a judge of the Chancery Division of the High Court, a judge and subsequently judge in charge of the Patents Court, and a Deputy Chairman of the Competition Appeal Tribunal.  Before becoming a judge, he practised as a barrister in intellectual property law from chambers at 11 South Square, Gray’s Inn, becoming Queen’s Counsel in 1992. Whilst in practice he was a Deputy Chairman of the Copyright Tribunal, Chairman of the Intellectual Property Bar Association and a Recorder.

Clemens Heusch, Head of European litigation, Nokia Germany
Dr Clemens-August Heusch LL.M. is head of European litigation at Nokia, responsible for litigation and arbitration throughout Europe, Near East and Africa, with a strong focus on multi-national IP litigation. Since 2008 Nokia has been involved in more than 200 patent cases worldwide. Before joining Nokia, Clemens was an attorney-at-law at the international law firm Bird & Bird LLP (2004–2008). He studied law at the Universities of Freiburg and Bonn, Germany; received an LLM degree from the University of Maastricht, Netherlands, and a doctorate from the University of Cologne, Germany. During his traineeship, he worked inter alia in the competition law team of Freshfields Bruckhaus Deringer in Cologne and Brussels, Belgium. Clemens is a registered lawyer at the Cologne Bar and is a certified IP lawyer. Fluent in German, English and French, he regularly presents and writes on a range of legal topics. 

Annet van Hooft, Arbitrator
Annet is an independent arbitrator and counsel based in Paris. Admitted to practice in both common and civil law jurisdictions, Annet was a Partner and Co-Head of the International Dispute Resolution Group of Bird & Bird before setting up her own independent law firm in 2018.  Prior to being a Partner at Bird & Bird, Annet worked at Cleary, Gottlieb, Steen & Hamilton (Brussels, New York) and Jones Day (Paris), and acted as Counsel at the ICC International Court of Arbitration (Paris). She has a broad range of experience, both as counsel and as arbitrator, handling international arbitrations under various applicable laws and in a variety of sectors and fields, including in IP related disputes, in particular in the field of life sciences. She is a former Vice-Chair of the ICC Commission on Arbitration and ADR, Co-Chair of the Paris Bar Commission on International Arbitration and the Honorary President of the Bucharest International Arbitration Court (BIAC). 

Monika Hupfauf, Attorney at Law
Monika Hupfauf is an attorney at law based in Vienna. Her practice has a strong focus on Life Sciences, Intellectual Property and Technology and ADR. Monika worked at a patent lawyer’s office and a cancer research centre, was a partner in a business law firm and practiced several years in the IP and Technology Group at DLA Piper before becoming one of the founders of KOCH / HUPFAUF attorneys at law. Monika obtained her doctoral degree in the field of Intellectual Property Law and disputes and holds a degree in business mediation.  She is a registered mediator at WIPO and has in 2011 been admitted as judge at the Higher Regional Court of Innsbruck. Monika lectures at the University of Innsbruck and regularly gives workshops and presentations and publishes in the field of Intellectual Property Law and Life Sciences.

The Rt Hon Prof. Sir Robin Jacob
Sir Robin joined the UCL Faculty of Laws in May 2011 leaving the Court of Appeal of England and Wales to do so. Having read Natural Sciences at Cambridge, Sir Robin then read for the Bar (Grays Inn). He started practice at the Intellectual Property Bar in 1967. From 1976 to 1981 he was the Junior Counsel for the Comptroller of Patents and for all Government departments in intellectual property. He was made a Queen's Counsel in 1981. His practice took him abroad often (Hong Kong, Singapore, Europe, USA, and Australia). He was appointed a High Court Judge (Chancery Division) in 1993. From 1997 to 2001 he was Supervising Chancery Judge for Birmingham, Bristol and Cardiff. He was appointed a Lord Justice of Appeal in October 2003. He was Treasurer of Grays Inn in 2007. He continues to sit from time to time in the Court of Appeal and will sometimes act as an arbitrator or mediator. He has written extensively on all forms of intellectual property. He often lectures, mainly but not only on IP topics, both in the UK and abroad.

Peter Meier-Beck, Judge at the Bundesgerichtshof, the German Federal Supreme Court.
Peter is a German national, born in 1955, who received his law education at the Universities of Bonn and Freiburg, taking law degrees in 1980 and 1984 and a doctorate in law from the University of Freiburg. He practised as an attorney-at-law in 1984. After stages as a judge at the Düsseldorf Land¬gericht (Regional Court) and Ober¬landesgericht (Higher Regional Court) from 1985 to 1993 he assumed the position of the Presiding Judge of Düsseldorf Regional Court's 4th Civil Chamber which acted as North-Rhine Westphalia Patent Litigation State Court. In 2000 he was appointed Federal Judge and member of the Bundesgerichtshof where, again, he deals with patent and competition (anti-trust) cases. While remaining a member of the competition law division he serves as the Presiding Judge of the 10th Civil Senate (Patent Division) since November 2010. Peter Meier-Beck has been teaching intellectual property law and especially patent law for many years. Since February 2005 he holds an Honorary Professorship at the University of Düsseldorf.

Prof. Dr. Peter Georg Picht, LL.M (Yale)
Peter Georg Picht studied law at Munich University/Yale Law School and did his PhD at Munich University/the Max Planck Institute for Innovation and Competition. He has been working, i.a., with the EU Commission’s DG for Competition, as a Senior Research Fellow with the Max Planck Institute for Innovation and Competition, as well as with two international law firms. Prof. Picht now holds a chair for Commercial Law at the University of Zurich and is head of the University’s Center for Intellectual Property and Competition Law (CIPCO). He remains affiliated to the Max Planck Institute as a Research Fellow and is an Of-Counsel with the law firm Schellenberg Wittmer. His further affiliations include board memberships in the Academic Society for Competition Law (ASCOLA), the Association Européenne du Droit Èconomique (AIDE), and the Munich IP Dispute Resolution Forum. In 2019, he will be a Visiting Professor at King’s College, London. Prof. Picht is admitted to the bar in Germany and Switzerland (Art. 28 BGFA).

Gavin Pope, Head of Legal for Global Pharmaceuticals Development, Medical Affairs & Litigation, Novartis Pharma AG
Gavin Pope has served as the Head of Legal for Global Pharmaceuticals Development, Medical Affairs & Litigation at Novartis Pharma AG in Basel, Switzerland, since 2017.  He manages a regulatory legal team globally supporting Novartis Pharmaceuticals’ drug development and medical functions.  He is also globally responsible for litigation within the Pharmaceuticals Business Unit.  

Formerly, he worked as Head Legal AMAC (Africa, Middle East & Asian Countries) & Global Litigation, after almost a decade leading legal and compliance teams at Novartis across Africa, Asia, Europe, Latin America, and the Middle East.  He has a broad experience of litigation and arbitration in Europe and the emerging markets, focussed on commercial healthcare disputes and investigations.

He started his career as a criminal and family barrister in England, after call to the bar at the Middle Temple.  He is an accredited mediator and a Fellow of the Institute of Chartered Secretaries and Administrators. He holds a B.A. Honours Degree and a Master of Arts Degree in Law from Magdalene College, Cambridge, UK.

Raffael Probst, Ludwig-Maximilians University, Munich
Raffael Probst is a commercial mediator and strategy consultant in Berlin and Frankfurt am Main. Previously, he worked for the Federal Ministry for Food and Agriculture and acted as managing director of the Munich Center for Dispute Resolution (MuCDR). Raffael teaches negotiation and mediation at the LMU Munich and the Leibniz Universität Hannover.

Randall R. Rader, former Chief Judge of U.S. Court of Appeals for the Federal Circuit
For over 25 years, Judge Rader has been a leading thought leader in the field of intellectual property law and jurisprudence. His work as Chief Judge, his publications and his work teaching patent law globally to students, judges and government officials has left an indelible mark on the field of IP law and the protection of IP rights throughout the world. Randall R Rader was appointed to the US Court of Appeals for the Federal Circuit in 1990, becoming chief judge in 2010. He was appointed to the US Claims Court in 1988. Before that, he served as minority and majority chief counsel to sub-committees of the US Senate Committee on the Judiciary. From 1975 to 1980 he served as counsel in the House of Representatives for representatives on the Interior, Appropriations and Ways and Means Committees. He retired from the bench in 2014. Since leaving the bench, Judge Rader has founded the Rader Group, focusing on arbitration, mediation, and legal consulting and legal education services. Since 2014, Judge Rader has presided over major arbitration under UCC rules in Paris; conducted mediations to settle ongoing litigation; joined law faculty at Tsinghua University; conducted full-credit course at leading law schools in consulted with major corporations and law firms on IP policy and litigation, and advised foreign governments on international IP standards.  He continues to advocate improvements in innovation policy through speaking engagements worldwide.

Dr Ralf Uhrich, Patent Litigation Counsel, Google
Ralf Uhrich is a Patent Litigation Counsel at Google. He focuses on managing Google's patent docket in Europe and on preparing Google for the upcoming Unified Patent Court. He is also a lecturer at Basel University. Prior to Google, Ralf worked at Quinn Emanuel Urquhart & Sullivan, advising on contentious IP matters and representing clients before the German courts, the European Patent Office, the German Patent and Trademark Office, and in international arbitration proceedings. Ralf holds a PhD in law from the University of Bayreuth and earned an LLM in intellectual property from Queen Mary, University of London.

Dr. Matthias Zigann, Presiding Judge, Regional Court Munich I
Dr. Matthias Zigann is Presiding Judge at the Regional Court Munich I. There he has been the head of the 7th (patent) division since December 2012.  After a three-year post-grad fellowship as a research student at the Max-Planck-Institute for Innovation and Competition in Munich he served as a public prosecutor in Landshut for four years and as a regular member of the 7th division of the Regional Court Munich I  for six years. Prior to his appointment as presiding judge he was seconded to serve as a research associate with the Xth civil (patent) division of the German Federal Court of Justice in Karlsruhe for three years.  He is co-author of Haedicke/Timmann, Handbuch des Patentrechts [= Patent Law Handbook], 1st ed. 2012 (2nd ed. planned for 2019), and Cepl/Voß, Prozesskommentar zum Gewerblichen Rechtsschutz [= Commentary on Procedural Law in IP Cases], 2nd ed. 2018. Matthias is a frequent speaker at national and international conferences.

 

Videos of this event

The films of this conference are available on the UCL Laws YouTube Channel:
Session 1 - 3 (Welcome / ADR in the SEP/FRAND Arena)
Session 4 (Judges Panel)
Session 5 ( IP & ADR in the Life Science Industry)

 

Queries

Please contact Lisa Penfold at UCL Laws events if you have any queries about this conference

View the video of Session 1 - 3 of this conference