Arguing national law 6-5-2016 (Advanced level)
Topic outline
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This course refers to the applicable laws and/or available tools at the time the content was created.
The challenge of relying on foreign law in the context of Article 8(4) EUTMR and the role of national judgements in the context or recent case law of the Court of Justice of the European Union are analysed. Claiming personality rights and copyright before EUIPO´s Boards of Appeal and the CJEU is also reviewed.
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Arguing national law
Panel leader – His Honour Michael Fysh, QC, SC, former Judge at the Patents County Court, London
Introduction (00:00 – 02:03)
Challenges of relying on foreign law in the context of Article 8(4) EUTMR (02:04 – 11:20)
Prof. Dr. Gordian N. Hasselblatt, LL.M.
Role of national judgments in the context of recent case law of the Court of Justice of the European Union (11:21 – 18:43)
Ms Beate Schmidt, President, FederalPatent Court (Bundespatentgericht), Germany
Relying on extended passing off in the context of Article 8(4) EUTMR (18:44 – 29:44)
Geoffrey Hobbs, QC
Claiming personality rights and copyright before EUIPO’s Boards of Appeal and the Court of Justice of the European Union (29:45 – 39:08)
Manfred Büchele, Professor of IP and Corporate Law, University of Innsbruck, Austria
Proving national law before EUIPO (39:09 – 49:31)
Mr Giuseppe Bertoli, Head of Litigation Service, ICLAD, EUIPO
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*The views expressed are strictly personal and should not be attributed to the EUIPO. Nor shall the EUIPO be held responsible for the opinions expressed or advice given in the videos and presentations.