Tilburg Law and Economics Center

The Remedies in Intellectual Property Law: Do We Need Common European Principles?

Date: Time: 09:00 Location: Vienna

European Law Institute (ELI) Annual Conference and Meeting 2019

Intellectual Property Law Special Interest Group’s panel on

The Remedies in Intellectual Property Law: Do We Need Common European Principles?

Agenda

Presentation
Remedies, such as injunctions, damages, or claims for information, are increasingly of relevance in the policy debates in the intellectual property law. Intellectual property rights are believed to incentivize creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Many books and articles have been written about different aspects of the intellectual property system. Surprisingly, however, despite its high practical relevance, the issue of drafting, granting and enforcing remedies remains less clear in the comparative legal literature. This is in stark contrast with their policy relevance. Remedies are increasingly becoming important policy levers when adjusting the intellectual property system to quickly changing industries and business practices.
This Intellectual Property Law Special Interest Group’s (IP Law SIG) meeting aims at giving IP Law SIG a visibility in the IP academia, by involving leading experts and judges, thereby attracting publicity and new members; starting a tradition of in-depth scholarly exchange at the IP SIG events; and, potentially, launching a pan-European project on the remedies in the European intellectual property law, as a flagship initiative for the coming years.


Inspired by a project initiated in 2017 by Martin Husovec and Jorge Contreras, this event follows up on a workshop organised at Tilburg University, which took place in June 2018. The workshop – entitled Mapping Flexibilities for Injunctive Relief in Patent Law: What Can the Member States of the European Union and the United States Learn From Each Other? – aimed at creating a platform for a structured discussion about the flexibility and tailoring of injunctive relief in patent law. Given the success of the workshop, the participants decided to commit their time to a book project (likely forthcoming with the Cambridge University Press) which should further deepen the discussion. At the Vienna event, some of the authors would present the preliminary findings. This debate will be at the same time used as a starting point for a broader debate about remedies in European IP law in order to answer the question whether a common set of principles would be a way forward for the European harmonization.


Program

09:00–09:30  Registration
09:30–09:45    SIG Introduction
09:45–10:40 Discussions on Injunctions, Flexibility and Patents (1)
10:45–11:10 Coffee Break
11:15–12:40 Discussions on Injunctions, Flexibility and Patents (2)
12:45–13:55 Lunch
14:00–15:15 Discussions on Injunctions, Flexibility and Patents (3)
15:15–16:00 Do We Need Common European Principles? View of a Judge
16:00–16:45  Do We Need Common European Principles? View of a Practitioner
16:45–17:30 Do We Need Common European Principles? View of an Academic
17:30–18:00  Conclusions

Registration

Please click here for more information and registration


Location

Juridicum, Schottenbastei 10-16, 1010 Wien