IP litigation represents a technical, complex but crucial part of IP protection. Through judicial proceedings, IP holders enforce their right, prevent infringements and collect damages, while, conversely, alleged infringers are offered the opportunity to plead their case.
The first part of the course focuses on enforcement issues which arise in respect of all types of IP rights. Those aspects include such diverse elements as:
- pre-trial procedures, questions of jurisdiction and competent courts;
- evidentiary rules;
- preliminary injunctions ;
- border seizures ;
- defences and counterclaims.
The second part of the course deals with enforcement issues particular to patents and trademarks. The main issues that will be dealt with are :
- definition of the scope of protection provided by IP rights ;
- the specific procedures available to challenge their validity.
As IP procedures are not fully harmonised at the EU level, the course concentrates on principles common to the Member States.