CEIPI - epi

9^th Course on Patent Litigation in Europe

(University of Strasbourg Diploma Course)

General Programme

Structure and time frame:

The Course on Patent Litigation in Europe, jointly organised by the CEIPI (Centre d’Etudes Internationales de la Propriété Industrielle, Université Strasbourg) and the Institute of Professional Representatives before the European Patent Office (epi), is composed of six Modules of two days each. Three Modules take place in the autumn and three Modules in the spring of the university year, followed by a final Seminar of three days.

The course is held on Fridays / Saturdays (to economise on time and travel arrangements). The Course ends with an oral Control of the knowledge acquired by the participants. A Diploma of the University of Strasbourg is awarded to successful participants.

Themes and purpose:

European Patent Attorneys should acquire a deepened knowledge of patent litigation procedures in Europe and of envisaged centralised European proceedings, as well as of related rules of procedure, in order to be able to better advise their clients on the enforcement and defence of European patents in their home country and abroad. It is moreover important to take into account European infringement case law when dealing with applications before the European Patent Office, in particular before the Boards of Appeal. In this context also basic European Laws and Conventions will be covered by the course. The knowledge of the European Patent Convention and related matters by participants is a prerequisite.

The Course will be held at the CEIPI in Strasbourg on the following dates:

Module 1: October 7/8, 2011

Module 2: November 4/5, 2011

Module 3: December 9/10, 2011

Module 4: January 20/21, 2012

Module 5: February 17/18, 2012

Module 6: March 16/17, 2012

The Seminar takes place on: April 19-21, 2012

The Oral Control is foreseen for June 4, 2012.

Participants:

The course is open to European Patent Attorneys on the List before the European Patent Office. The number of participants is limited to 45. Applications are taken on a first come, first served basis.

Lecturers and languages:

The lectures are given by experts from different member states. The lectures are mainly in English; however, use of the other two official languages of the EPO is made in some sessions and also in discussions, papers and/or abstracts.

The Modules will inter alia comprise the following topics: 

Module 1

European Conventions and the European Court of Justice:

• Status quo of Profession in Europe
• EU Council Regulations (Brussels, Lugano, Hague Convention)
• EU Council Directive on Enforcement
• European Union Institutions
• Proceedings before the European Court of Justice and the Court of First Instance
• European Competition Rules

Module 2

Comparative Law:

• Continental Law / Common Law and Practice
• Structure of Procedural Rules (The German Laws as a Model)
• Proceedings before the Federal German Patent Court
• UK Law and practice

Module 3

Possible Centralised Procedures:

• European Patent Litigation Agreement and Court Statute as well as the former and the envisaged Community Patent Regulation according to the Enhanced Cooperation and possible court structures associated therewith
• Impact of centralised proceedings on national laws
• The interpretation of patent claims under Article 69 EPC

Module 4

Practical Procedures / Preliminary Steps:

• Determining infringing acts (importation, offer for sale, use....)
• Obtaining evidences of infringement
• Warning Letters and consequences
• Seizure procedure (“Saisie”), discovery procedure, other means
• The Infringement Action
• Determining jurisdiction, forum shopping
• The writ introducing the action
• Various requirements, grounds for nullity, defence and counterclaims, presentation of the case
• The drafting the briefs, formal and substantial, requirements
• UK, German and French law and practice as well as French Saisie procedure

Module 5

Expertise:

• The technical expert / the court appointed expert
• Appointment of the expert
• Procedure before the expert
• Evidence and Case Management (with emphasis on Italian Law)
• Experiments
• Witnesses
• Management of the court procedure:
• Intervening before the judges
• Procedural incidents
• Case strategy
• Italian and Spanish Law and practice
  

Module 6

Oral Proceedings:

• Right of audience
• Presentation of the case / Oral pleadings
• Enforcement of orders
• Sanctions and civil liability
• Interlocutory injunctions
• Actions for Declaration of Non-Infringement
• Negotiation and Settlement
• German and French law and practice
• Oral proceedings before the EPO Boards of Appeal and case law

3 - Day Practical Seminar

Mock Trial

For further information or application turn to:

Walter Holzer (Course Coordinator) -> WHolzer@gmx.at