EU-China Judges’ Forum

  • EU/China: China
  • Subject: Innovation-driven Economy and Intellectual Property Judicial Protection
  • Organised by: Partners
  • Location: Shanghai
  • Date: 17 Mar 2016 to 18 Mar 2016

  • EU-China Judges Forum Carmen Cano
In 2016, IP Key will strengthen its support to EU-China judicial cooperation which has enjoyed over a decade of fruitful exchanges. IP Key supported the EU-China Judges’ Forum taken place in Shanghai on March 17 & 18, 2016, which is jointly organised by IP Judicial Protection Research Center of Supreme People’s Court of P.R.C, Chinese Courts International Exchanges Base (Shanghai) for Judicial Protection of Intellectual Property Rights and the European Commission. Vice President of the Supreme People’s Court Madame Tao Kaiyuan, Minister, Deputy Head of the Delegation of the European Union to the People's Republic of China and Mongolia Ms Carmen Cano and Vice Mayor of Shanghai Ms Zhao Wen inaugurated the Forum. Attended by Chinese judges from across the nation (including but not limited to the newly established specialised IP courts from Beijing, Shanghai and Guangzhou and provincial high courts) , the Forum provided floor to Chinese and European judges as well as academics to discuss issues related to Innovation-driven Economy and Intellectual Property Judicial Protection.  The Forum agenda is as below.

 

Day 1:Thursday 17 March, 2016

 

9:15-10:10           OPENING REMARKS

Chaired by Song Xiaoming, Chief Judge, IP Tribunal of Supreme People’s Court

 

·         Tao Kaiyuan, Vice President, Supreme People’s Court of the People Republic of China

·         Carmen Cano, Minister, Deputy Head of Delegation,  Delegation of the European Union to China and Mongolia

·         Zhao Wen, Vice Mayor of Shanghai

·         Cui Yadong, President of Shanghai High Court

 

10:10-12:10         SESSION 1 – INNOVATION OF BUSINESS MODEL AND INTELLECTUAL PROPERTY PROTECTION

Chaired and moderated by Ignacio Ulloa Rubio, Judge, General Court of the European Union

 

·         The Court of Justice of the European Union on Rules for Asserting Standard-Essential Patents in Europe:Beate Schmidt, President, German Federal Patent Court (BPatG)

·         Patent Protection for Computer Software and Indirect Infringement: Jiao Yan, Deputy chief judge of IP Division, Beijing High People’s Court

·         Computer-Implemented Inventions – A German Case Study: Klaus Grabinski, Judge, Federal Court of Justice (BGH)

·         Legal Perspective on Business Model: Ding Wenlian, Deputy chief judge, IP Division of Shanghai High People’s Court

·         Issues Relating to Protection of Trade Marks on the Internet:Angel Galgo Peco, President of the 28th Senate, Provincial Court of Madrid

·         Commentator: Song Xiaoming, Chief judge, IP Tribunal of SPC

·         Q&A (10 minutes)

 

12:15     Lunch

 

13:30-17:00         SESSION 2 – PROCEDURAL ASPECTS IN IP LAWSUITS

13:30-15:10         Unit 1 - Burden of Proof in IP Lawsuits

Chaired and moderated by Anthony Manwaring, Liaison Judge, Legal Counsellor, French Embassy

 

·         Double-edge Effect of Burden of Proof in Damages Calculation – Questioning on Legislative Trend of Gradually Increasing Statutory Damages: Zhang Xiaoxia, Chief judge, Trial Supervision Division of Beijing IP Court

·         The Burden of the Proof on EU Intellectual Property Lawsuits: Ignacio Ulloa Rubio, Judge, General Court of the European Union

·         Issues on Application of Burden of Proof Related Rules in IP Lawsuits in the Internet Environment: ChenGuojin, judge, IP Division of Guangdong Provincial High People’s Court

·         Burden of Proof in Infringement and Nullity Proceedings in Germany:Beate Schmidt, President, German Federal Patent Court (BPatG)

·         Commentator:  Liu Chuntian, President of Intellectual Property Law Association, Professor of Renmin University

·         Q&A (10 minutes)

 

15:10- 15:20        Tea break

 

15:20- 17:00        Unit 2 - Damages Calculation and Punitive Damages in IP Lawsuits

Chaired and moderated by Wu Handong, Professor, Zhongnan University of Economics and Law

 

·         Legislation and Practice in Spain on Damages Calculation in IP Lawsuits:Angel Galgo Peco, President of the 28th Senate, Provincial Court of Madrid

·         Intellectual Property Infringement Damage Compensation From the Perspective of Market Value: Lin Guanghai, Vice President, Guangzhou IP Court

·         Damage Calculation in German Patent Infringement Litigation: Klaus Grabinski, Judge, Federal Court of Justice (BGH)

·         A Few Issues related to Patterns of Compensation in IP Litigation: Cai Wei, Judge, IP Division, Fujian Provincial High People’s Court

·         Commentator:  Beate Schmidt, President, German Federal Patent Court (BPatG)

·         Q&A (10 minutes)

 

17:30     Dinner

 

 

Day 2:Friday 18 March, 2016

 

09:00-11:50         SESSION 3 – JUDICIAL PROTECTION OF TRADE SECRETS

9:00-10:20           Unit 1 - Trade Secret and Determination of Infringement upon Trade Secrets

Chaired and moderated by Beate Schmidt, President, German Federal Patent Court (BPatG)

 

·         A Few Issues in  Determination of Technical Secrets: Chen Huizhen (Ms), Chief judge, 2nd IP Division, Shanghai IP Court

·         Judicial protection of trade secrets – German approach and the Draft EU Directive: Klaus Grabinski, Judge, Federal Court of Justice (BGH)

·         Determination of Infringement upon Trade Secrets: Gu Tao, Deputy chief judge, IP Division, Jiangsu Provincial High People’s Court

·         Commentator: Xia Junli, Presiding Judge, IP Tribunal of Supreme People’s Court

·         Q&A (10 minutes)

 

10:20-10:30         Tea break

 

10:30-11:50         Unit 2 - Injunction for Trade Secrets Misuse and Other Remedies

Chaired and moderated by Zhu Xuezhong, Dean of Intellectual Property Institute,  Tongji University

 

·         Preliminary Injunction in Judicial Protection of Trade Secrets: Huang Yanli, Presiding judge, Tianjin High People’s Court

·         Judicial Protection of Trade Secrets under the Proposal for a Directive on Trade Secrets:Angel Galgo Peco, President of the 28th Senate, Provincial Court of Madrid

·         Trade Secrets Protection in Court Proceedings: Zhu Li, Judge, IP Tribunal of Supreme People’s Court

·         Commentator:Ignacio Ulloa Rubio, Judge, General Court of the European Union

·         Q&A (10 minutes)

 

11:50 – 12:10      CLOSING REMARKS

·         Shan Xiaoguang, president of the School of Law of Tongji University

·         Christophe Gimenez, IP Attaché , Delegation of the European Union to China and Mongolia

·         Mao Ronghua, Shanghai High Court Vice President

 

12:15     Lunch 

 

 

For more information on this activity, please contact Zhan Li at li.zhan@ipkey.org, for general information on IP Key please contact Jaspal Channa at jaspal.channa@ipkey.org  

Activity Related Resources

 

European Commission (EC) The European Union Intellectual Property Office (EUIPO)
In Partnership with the EPO
European Patent Office (EPO)

IP Key is co-financed by the European Union and the European Intellectual Property Office (EUIPO).

It is implemented by the European Union Intellectual Property Office (EUIPO) in cooperation with the European Patent Office (EPO). The contents of this website can in no way be taken to reflect the views of the European Union.

 

 

 
 
 
 
 
 
Join us now?
CREATE AN ACCOUNT
For full access to the IP databases and activities.
Later