2019
Patents v Open Innovation: Incentivising 'Medicines for the Many'
27 November 2019
About the event:
How do we devise a suitable incentive scheme for the development of new pharmaceuticals and innovative health treatments? Traditionally, this has been the role of the patent system, but increasingly, claims are made that this focusses R&D efforts in the direction of greatest profits, rather than towards those areas of greatest public need. Patents – it is said – encourage the antithesis of open, collaborative research and render many new drugs unaffordable despite rising patient need.
While some advocate patent pools to ensure access to essential medicines or proffer prizes as a partial solution, others propose a Health Impact Fund. The topic looks likely to be a live issue in the forthcoming election. In September, UK Labour Party leader, Jeremy Corbyn asserted “We will tell the drugs companies that if they want public research funding, then they will have to make their drugs affordable for all.” Launching its ‘Medicines for the Many' policy document, the party pledges to ‘break patents’ by dusting off compulsory licensing provisions and making the very latest drugs available on the NHS via a public-owned generics company. Meanwhile, a recent NHS Confederation report suggests that the real price of Boris Johnson’s much touted post-Brexit trade deal with the USA is £billions on nation’s drugs bill.
In its annual Innovation Lecture, UCL's Institute of Brand and Innovation Law brought together a distinguished panel to identify the problems of the current patent-based system and to investigate whether open innovation is the potential solution.
Speakers:
- Dr Galit Gonen-Cohen, Head of Intellectual Property Law at Novartis, former VP and General Counsel, Europe, Teva
- Professor Matthew Todd, Professor of Drug Discovery at UCL School of Pharmacy
- Professor Adrian Towse, Visiting Professor at the London School of Economics and Director Emeritus of the Office of Health Economics.
Chair: The Hon. Mr Justice Birss
Find out more about the event here, see the panel's presentation slides here or watch the event here on our YouTube channel.
The Confusion Test in European Trade Mark Law
14 November 2019
About the event:
IBIL was delighted to host this event to mark the launch of Dr Ilanah Fhima's new monograph, The Confusion Test in European Trade Mark Law, written with Professor Dev Gangjee, University of Oxford.
The event commenced with an afternoon roundtable workshop attended by 25 trade mark experts including academics and practitioners. A panel comprising Allan James (Head of Trade Mark Tribunal, UK IPO), Gordon Humphreys (Chair of the 5th Board of Appeal, EUIPO), Emma Himmsworth QC (Appointed Person, One Essex Court) and Professor Robert Burrell (Oxford University) led discussions on selected themes from the book, chaired by Sir Richard Arnold, Lord Justice of Appeal. The was followed by a reception for colleagues, contacts and friends of the authors, including a brief presentation on the book by Lord Justice Arnold.
The book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the EUIPO, by national courts, and by the CJEU, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet.
Find out more about the event here, details of the book can be found here, and a review of the book can be found here.
Copyright and Collective Authorship
23 October 2019
IBIL was delighted to host this panel discussion event to mark the launch of Dr Daniela Simone’s new book Copyright and Collective Authorship: Locating the Authors of Collaborative Work, published by Cambridge University Press, and cited by the Court of Appeal in Kogan v Martin [2019] EWCA 1645.
As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. Although it is vital to identify who are the authors of collaborative work, current copyright law fails to provide a coherent or consistent answer. The book engages with the problem of how authorship of highly collaborative works should be determined. Using four case studies as examples – Wikipedia, Australian Indigenous art, scientific collaborations and film, the book shows how copyright could be recalibrated to better assign authorship in the case of collaborative works by considering social norms and the specific context of the work’s creation. The book argues for an inclusive approach that is both true to the legal concept of authorship and also more aligned with creative reality.
Speakers:
- Dr Daniela Simone, UCL Laws and Co-director of IBIL
- Professor Tanya Aplin, Kings College London
- Professor Séverine Dusollier, SciencesPo Paris
Find out more about the book here, about the event here or watch this talk here on our YouTube Channel.
IP and ADR
1 May 2019
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).
About the event:
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.
Speakers:
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 (UCL 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).
Find out more about the event here or watch the recordings on our YouTube channel: Sessions 1-3; Session 4 and Session 5.
Exhaustion of Intellectual Property Rights
28 March 2019
In the world of intellectual property rights, it is the exhaustion of rights doctrine which determines how far an IP owner may control IP-protected products after the first act of authorised distribution, including their territorial distribution. Depending upon your viewpoint, parallel importers either benefit society by encouraging cross-border trade and reducing consumer prices, or they operate in a murky 'grey market' and free-ride unfairly on investments made by innovators and brand owners. IBIL brought together a distinguished panel to navigate the complex legal landscape which governs exhaustion of intellectual property rights.
Speakers:
- William Bowes
- Professor Irene Calboli
- Dr Christopher Stothers
- Matthew Cope
Find out more about the event here or watch this talk on our YouTube Channel.
2018
Pregabalin: Where stands plausibility, Swiss-form claims, late amendment and more?
20 November 2018
About the talk:
This IBIL Innovation seminar analysed the content and impact of the Supreme Court’s highly anticipated decision in Warner-Lambert v Mylan. Argued in the context of a Swiss-form European patent for the second medical use of pregabalin in the treatment of neuropathic pain, the Supreme Court was asked to consider a number of critical elements of patentability and patent infringement. The main issues under consideration included:
- the role of plausibility within the patentability enquiry;
- the correct interpretation and scope of the Swiss-form claim; and
- whether a post-trial application to amend an invalid patent claim to limit it to a part found to be plausible is an abuse of process.
Chair: The Rt Hon Professor Sir Robin Jacob
Speakers:
- Lord Hoffmann
- Judge Edgar F Brinkman (Senior Judge, Court of The Hague) - download presentation here
- Dr Matt Fisher (UCL IBIL)
- Dr Ursula Kinkeldey (Former Chair of TBA and EBA, European Patent Office)
- Dr Matthias Zigann (Presiding Judge at the Regional Court, Munich) - download presentation here.
Find out more about the event here or watch this talk on our YouTube Channel.
Question the Trade Mark Judges (Joint IBIL and MARQUES event)
18 October 2018
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:
- HHJ Melissa Clarke (Senior Circuit Judge, Designated Civil Judge for Thames Valley, Beds & Herts)
- Judge Octavia Spineanu-Matei (General Court, Court of Justice of the European Union)
- The Hon Mrs Justice (Vivien) Rose
- Harri Salmi (EUIPO Board of Appeal member)
Find out more about the event here or watch this talk on our YouTube Channel
The Shape of Things to Come: The Trajectory of Design and Trade Mark Protection of Product Shapes.
14 February 2018
About the talk:
UCL's Institute of Brand and Innovation Law brought together a distinguished panel, chaired by The Hon Sir Richard Arnold, to navigate the complex legal landscape which governs the registration of product forms.
Speakers:
- Professor David Musker (Queen Mary, University of London) - view presentation here
- David Stone (Allen & Overy LLP) - view presentation here
- Professor Martin Senftleben (Vrije Universiteit Amsterdam/Bird & Bird LLP - view presentation here
- Thorsten Gailing (Nestle UK) - view presentation here
Find out more about the event here or watch the video on our YouTube channel.
Branding and Co-Branding: How Much Do They Really Contribute to Innovation?
25 January 2018
Speaker: Neil Wilkof
Chair: Dr Ilanah Fhima (UCL)
About this event
With both patents and copyright coming under increased skepticism as drivers of innovation, greater attention has been paid to the role that trademarks and branding might play in contributing to innovation. Support for this claim rests largely on observed positive correlations, usually at the aggregate level, between trademark filing activity (as a proxy for branding) and greater business activity. We will review the conceptual foundations for this claim, offer a framework for understanding the dynamics of branding and innovation at the company level, and suggest that co-branding might be potentially more conducive for innovation.
2017
Equivalents: K = Na. Is the genie out of the bottle?
1 November 2017
About the event:
On 1st November 2017, UCL Faculty of Laws Institute of Brand and Innovation Law brought together an unrivalled panel of European judges to discuss the Actavis UK Ltd v. Eli Lilly & Co [2017] UKSC 48 judgment from a range of perspectives.
Speakers:
- Professor Sir Robin Jacob, Sir Hugh Laddie Chair of Intellectual Property Law, UCL Faculty of Laws (Chair)
- Lord Neuberger of Abbotsbury, President of the Supreme Court of the UK
- Lord Sumption, Justice of the Supreme Court of the UK
- Professor Dr. Peter Meier-Beck, Presiding Judge of the German Federal Court of Justice
- Judge Rian Kalden, Head of the IP Division, Court of Appeal, The Hague.
- Judge Kathleen O'Malley
Find out more about the event here or watch the video on our YouTube channel.
Question the Trade Mark Judges
18 October 2017
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 Sir John Mummery (former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and member of the Court of Ecclesiastical Causes Reserved in the UK)
- Amanda Michaels (Appointment Person / Recorder and Deputy Enterprise Judge in the IPEC)
- David Keeling (Former Member of the EUIPO Boards of Appeal)
- Camille Lignieres (Judge at the Tribunal de Grande Instance de Paris).
Find out more about the event here or watch the video on our YouTube channel.
On Trial: Mozart and Other Pirates
1 June 2017
About the event
Mozart was not quite 15 when he wrote the opera Mitridate, re di Ponto. But did he copy, borrow or plagiarise (words which mean the same but carry different overtones) too much? Chrisophe Rousset, who has spent 25 years exploring and championing the music of Mozart’s forgotten contemporaries (Salieri, Paisiello, Jomelli), will discuss and illustrate with examples what Mozart and others did in an age where there was no copyright. Suppose modern copyright law had applied then. Would Mozart have been an infringer – a “pirate” as the old-fashioned word has it? Modern instances of infringement or alleged infringement will be played for discussion with the audience and comparison with what Mozart did.
Speakers:
- Christophe Rousset (Founder and leader of Les Talens Lyriques and scholar of the Baroque and Classical pre-Romantic periods)
- Professor Sir Robin Jacob (Hugh Laddie Professor of Intellectual Property Law, UCL)
- His Honour Michael Fysh QC SC (Former Chairman of the Copyright Tribunal and Judge of the then-called Patents County Court)
Find out more about the event here or watch the video on our YouTube channel.
Copyright Law and Freedom of Speech
8 February 2017
About the event:
Copyright law often thought to be designed to embody an appropriate balance between the need to allow copyright owners control over uses of copyright works (thereby providing an incentive for creativity) and the need to preserve some access to those works for socially valuable uses. Increasingly, however, copyright law has been subject to the criticism that it no longer strikes the right balance between control and access. Chaired by Professor Sir Robin Jacob (UCL IBIL), this event investigated the interaction between copyright law and the protection of freedom of speech from a number of different angles.
Speakers:
- Judge M Margaret McKeown (US Court of Appeal, 9th Circuit)
- Jonathan Griffiths (Professor of Intellectual Property Law, Queen Mary University of London)
- Julia Reda (Member of the European Parliament, Pirate Party)
- John Halton (Assistant General Counsel, Financial Times)
Find out more about the event here.
2016
Do Patents have a ‘Chilling Effect’ on the Incentives for Research and Development?
16 November 2016
About the event:
A patent is a grant of the exclusive right for a novel, non-obvious invention. The value of patents to society lies in the incentives they provide to research and develop useful inventions. Today many are prepared to argue that patents retard research and development and so hold back economic progress. This event examined the arguments and evidence on both sides of this debate.
Speakers:
- The Rt. Hon. Sir Robin Jacob, Hugh Laddie Professor of Intellectual Property Law, UCL Faculty of Laws (Chair)
- Nikolaus Thumm, Senior Fellow, European Commission, Joint Research Centre (former Chief Economist, European Patent Office)
- John Howells, Associate Professor, Aarhus University.
- Professor Ken Shadlen, Department of International Development, London School of Economics and Political Science (LSE).
- David Rosenberg, Glaxo Smith Kline
Find out more about the event here; download materials from the event here; or watch the recording on our YouTube channel.
Question the Trade Mark Judges
17 October 2016
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:
- Paolo Catallozzi (Judge of the Enterprise Court of Rome)
- The Hon Mr Justice Carr
- Judge Christopher Vajda (Court of Justice of the European Union)
- Oliver Morris (UK Intellectual Property Office Senior Hearing Officer)
Find out more about the event here.
2015
Future of Innovation in Medicine: Incentives for New Medical Treatments and Global Health
3 - 4 December 2015, Seattle
The conference will address various proposals and issues for promoting additional protection for new uses and new dosage regimens of old drugs. These additional protections may encourage the development of such new uses and regimes and ensure the ability to recoup the high costs to develop, manufacture and seek approval of them. However, some are concerned that they may also have a negative impact on global health and access to medicine in developing and emerging market economies because they argue that they extend protections for pharmaceutical compounds and their uses after the original new chemical entity patent has expired.
See further information at:
http://www.law.washington.edu/events/medinnovation/
Organised by:
- Rt. Hon. Professor Sir Robin Jacob, University College London (UK)
- Prof. Toshiko Takenaka, Co-Director, CASRIP, UWSL (USA)
IP and Ethics: The impact of ethical considerations on the existence or enforcement of IP Rights
18th November 2015
About the Event:
This Seminar examines the impact of ethical considerations on the existence or enforcement of IP rights, and in particular, it examines the exclusions from patentability in the Biotech Directive, including its interpretation by the CJEU in Brüstle and International Stem Cell Corporation, the EPO Enlarged Board Decisions on plant patentability in Broccoli II and Tomatoes II, and the exclusions under Art. 53(a) of the EPC ("ordre public" or morality). It also considers the extent to which unethical works may be deprived of copyright or are unenforceable, and whether trade mark registration should be denied to those who seek to exploit marks such as "Je Suis Charlie" and "MH370".
Speakers:
- Mr Justice Henry Carr (Judge of the High Court of England and Wales)
- Professor Pete Coffey (Professor of Visual Psychophysics, UCL Institute of Ophthalmology)
- Professor Aurora Plomer (Professor of Law and Bioethics, University of Sheffield)
- Professor Lionel Bently (Herchel Smith Professor of Intellectual Property Law, University of Cambridge)
- The Rt. Hon. Professor Sir Robin Jacob (Chair)
Find out more about the event here or watch the recording on our YouTube channel.
Patents in Telecoms Conference
5th - 6th November 2015, Washington DC
Key topics include:
- The Future Antitrust Regulation of Telecoms
- Standard Setting Organisations
- How to Calculate FRAND
- Patent Assertion Entities
- Injunctions
- Manufacturers
- Operators
- Judges Panel on the Unified Patent Court
Chair: Professor Sir Robin Jacob (UCL Laws)
The UCL Institute of Brand and Innovation Law, George Washington University’s Faculty of Law, GSMA, ITU and ETSI, hosted their 2nd Conference on Patents in Telecoms on Thursday 5th and Friday 6th November 2015 in Washington D.C. The two-day conference was a unique gathering of industry, the judiciary and regulators from the US, Europe and Asia. It has been organised by Professor Sir Robin Jacob (UCL Laws), Antoine Dore (ITU), Michael Loch (GSMA), Christian Loyau (ETSI) and Professor Marty Adelman (George Washington University).
See the conference programme, slides and other details at:
ucl.ac.uk/laws/patents-in-telecoms-2015
Question the Trade Mark Judges
14th October 2015
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:
- Nicholas Forwood QC (former Judge of the General Court, Court of Justice of the European Union)
- Marianne Grabrucker (former Presiding Judge in the Trade Mark Boards of the Bundespatentgericht (German Federal Patents Court))
- Geoffrey Hobbs QC (barrister, One Essex Court, and senior “Appointed Person” hearing Appeals from the UK Registrar of Trade Marks)
- Oliver Morris (UK Intellectual Property Office Senior Hearing Officer)
Find out more about the event here or watch the recording on our YouTube channel.
The Average Consumer in Trade Mark Law
25 February 2015
About the event:
The notional 'average consumer' plays a pivotal role in trade mark, both in determining the registrability and infringement of trade marks. This panel discussion sought to identify who the average consumer is, the attributes they possess and how far context and jurisdiction makes a difference.
Speakers:
- Professor Dr Alexander von Mühlendahl, Former Vice President of OHIM
- Laura Heymann, Vice Dean and Professor of Law at William and Mary Law School
- James Mellor QC, Barrister at 8 New Square and co-author of Kerly on Trade Marks
- Jenny Barker, Assistant General Counsel at GlaxoSmithKline
- Dr Ilanah Fhima, UCL (Chair)
Find out more about the event here or watch the recording on our YouTube channel.
IP and Trade Secrets
14th January 2015
About the event:
This event considered the Commissions proposals for the Trade Secrets Directive and the practical considerations for companies globally after the Directive comes into force.
Speakers:
- The Rt Hon Professor Sir Robin Jacob (Chair)
- Roger Burt (former President, CIPA)
- Jorge Novais Goncalves (European Commission)
- Professor Tanya Aplin (King’s College London)
- Daniel Alexander QC (8 New Square)
- Mark Trafford (Criminal Bar Association)
- Dr Bobby Mukherjee (BAE Systems)
- Doug Davidson (Cap Gemini)
- Professor Anselm Kamperman-Sanders (Maastricht University)
Find out more about the event here.
2014
Intellectual Property and Crime
19 November 2014
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 (Circuit Judge)
Find out more about the event here.
Patents and Telecoms Conference
6 & 7 November 2014
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
Ask the Trade Mark Judges
15 October 2014
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
Trade Marks and Designs: the Designers' Perspective
26 February 2014
About the 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 explains the design process and how design choices are made. Experienced lawyers then consider the extent to which the legal tests inherent in trade mark and design regulation reflect the realities of the design process.
Speakers:
- Matthew Cockerill (Seymour Powell)
- Chris Griffin (pi global and the Museum of Brands)
- Alexander Carter-Silk (Speechly Bircham)
- Simon Malynicz (3 New Square)
- The Hon Mr Justice Birss (Chair).
How Japanese IP Litigation Really Works
19 February 2014
The Chief Judge discusses the court structure, interim injunctions, pre-trial procedures, validity and the Japanese approach to bifurcation, remedies, international jurisdiction and the active involvement of judges in settlement discussions.
- Speaker: Chief Judge Toshiaki Iimura of the IP High Court, Tokyo
- Chair: Prof. Sir Robin Jacob (UCL)
Download the presentation for this Event:
2013
Standards, FRAND, NPEs & Injunctions
5-6 November 2013
This two-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.
Read the IPKat report about the event here.
Question the Trade Mark Judges
16 October 2013
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 Birss
- Allan James (Senior Hearing Officer and Head of Trade Mark Tribunal, UK IPO)
- Tony Willoughby, Dispute Adjudicator for WIPO and Nominet and Chair of Nominet Expert Review Group
- Anna Carboni, Appointed Person
The role of experts and scientific advisors in patent litigation around the European Union
11 June 2013
About the event:
The advent of the European Unitary Patent and Unitary Patent Court raises acute questions as to how the court is to receive, use and particularly evaluate expert evidence. It will involve something of an amalgam of UK and continental procedure. 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.
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).
Professor Sir Robin Jacob's Inaugural Lecture - IP Law: Keep Calm and Carry On?
21 March 2013
About the event:
this joint Inaugural Lecture and the 2013 Bentham Association Presidential Address by Professor Sir Robin Jacob surveys the current state of important parts of intellectual property law both for non-specialists and specialists. It takes the form of a personal address to Jeremy Bentham and contrasts his pragmatic approach in the early part of the industrial revolution to the much more complicated way things are now. Particular criticism is directed at current law-making policy, and the overprotection of copyright and trade marks. Current attacks on the patent system by economists and competition lawyers are also considered, Professor Jacob contending that they are anti-innovation and pro-copyist.
Watch the recording of the Lecture here or read the accompanying paper in (2013) 66(1) Current Legal Problems 379-99.
Assessing confusion in trade mark and passing off cases
21 February 2013
Speakers:
- Tony Durham, Director of Shopper Insights at Procter and Gamble
- Dr Jane Leighton, Consultant at Nielsen Neurofocus
- Tony Willoughby
- Mark McKenna, Professor of Intellectual Property, Notre Dame Law School
- The Hon Mr Justice Arnold (Chair)
2012
Patents and Telecoms
7 November 2012
Topics discussed included: 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?
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).
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.
Keynote address by Mr Justice Floyd.
Download the full programme:
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
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
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 (pictured centre), 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:
The UK Perspective - Professor David Llewellyn, King's College London, UK
Download Presentation:
The Benelux Perspective- Professor Charle Gielen, NautaDutilh, Amsterdam, The Netherlands
Download Presentation:
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:
- Ann Nielson, Bristol-Myers Squibb - Regulatory Considerations- Download Presentation:
- Howard Rosenberg, Frommer, Lawrence and Haug LLP - The Generic Industry Perspective:
- David Rosenberg, GSK - Litigating and the Commission's Methodology - Download Presentation:
- John Kallaugher, UCL and Latham & Watkins LLP - Competition Law Issues - Download Presentation:
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:
- 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:
- The Hon. Mr Justice Kitchin, High Court of England and Wales - Speed, cost and remedies - striking a balance.