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Towards a more predictable legal framework for cross-border intellectual property disputes: the ILA-Kyoto Guidelines

Global Digital Encounters

Encounter 15

Wednesday September 5th, 2021.
4pm-5pm CEST

Global Digital Encounters

Encounter 15

Towards a more predictable legal framework for cross-border intellectual property disputes: the ILA-Kyoto Guidelines

Objectives

Intellectual Property controversies and disputes become more and more cross border in the context of the IV Industrial Revolution and the enforcement of IP rights in this global environment raises new and complex challenges to the traditional models of solving conflicts through national courts. Issues like the rules for adjudication of international disputes (jurisdiction), the applicable law and the cross-border recognition and enforcement of judgments involving IP claims still differ widely from country to country, fostering therefore the development of an environment deprived of legal certainty which severely affects the enforcement of IP rights all over the world. Consequently, the adoption of model provisions on the private international law aspects of IP which could be used as guiding for national and international legislation has become an urgent matter. This 15 Encounter will discuss the main lines of the 13 December 2020 Kyoto Guidelines drafted by a group of 36 renowned scholars from 19 jurisdictions under the auspices of the International Law Association, where we will have the pleasure to have among the speakers and moderator the Chair and the Co-Rapporteurs of the Group. 

Readings

Meet the Panel

Prof. Marketa TRIMBLE

Samuel S. Lionel Professor of Intellectual Property Law, University of Nevada, Las Vegas (US)

Prof. Toshiyuki KONO

Professor of Law and Executive Vice-President at Kyushu University (Japan)

Prof. Axel METZGER

Professor of Civil and Intellectual Property Law at Humboldt University of Berlin (Germany)

Moderator: Prof. Pedro DE MIGUEL ASENSIO

Professor of Private international law at University Complutense of Madrid (Spain)

Countdown!

Towards a more predictable legal framework for cross-border intellectual property disputes: the ILA-Kyoto Guidelines

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About our Speakers

Marketa TRIMBLE

Marketa Trimble is the Samuel S. Lionel Professor of Intellectual Property Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. She specializes in international intellectual property law and publishes extensively on issues at the intersection of conflict of laws/private international law and intellectual property law, particularly patent law and copyright law. She has authored numerous works on these subjects, including Global Patents: Limits of Transnational Enforcement (Oxford University Press, 2012), and is the co-author of a leading international intellectual property law casebook, International Intellectual Property Law (with Professor Paul Goldstein, Foundation Press, 2012, 2016, and 2019). She has also authored several works in the area of cyberlaw, particularly relating to the legal issues of geoblocking and the circumvention of geoblocking. She has presented at conferences in the United States and abroad, and teaches regularly in The George Washington University Law School’s Munich Intellectual Property Law Summer Program. She is a member of the American Law Institute, the International Academy of Comparative Law, and other academic and professional organizations.

Toshiyuki KONO

Professor of Law and Executive Vice-President at Kyushu University (Japan). His main research fields are conflict of laws and cultural heritage law. He was the chair of the ILA Committee on Intellectual Property and Private International Law from 2011 until 2020. At the same time, he served as the president of the International Council on Monuments and Sites (ICOMOS) as an advisory body of UNESCO until 2020. He holds Titular Membership of the International Academy of Comparative Law and membership of the International Academy of Commercial and Consumer Law. In 2019, he was awarded the Reimar Lüst Prize from the Alexander von Humboldt Foundation.

Axel METZGER

Professor of Civil law and Intellectual Property at Humboldt-University in Berlin. He is the author and editor of numerous books and articles on intellectual property and information technology with a special emphasis on the international aspects of intellectual property disputes. After studies in law in Hamburg, Paris, Munich, and Harvard, he was a professor at Leibniz Universität Hannover from 2008-2014 before entering the law faculty of Humboldt-University. Axel Metzger has served as a co-rapporteur of the International Law Association’s Committee on Intellectual Property and Private International Law.

Pedro DE MIGUEL ASENSIO

Chair Professor of Private International Law at the Complutense University of Madrid and Director of its Program on IT Law. Professor De Miguel Asensio has authored numerous works on Private International law, International Business law and IT law, including Conflict of Laws and the Internet (Edward Elgar, 2020), and is the co-editor of Encyclopedia of Private International Law (4 vols, Edward Elgar, 2017, and winner of the American Society of International Law Certificate of Merit). He is a consultant at Allen & Overy LLP (Madrid). Co-rapporteur of the Committee on Intellectual Property and Private International Law of the International Law Association. He was also a member of the European Max-Planck Group on Conflict of Laws in Intellectual Property and one of the drafters of the CLIP Principles and Commentary (Oxford University Press, 2013). He is a member of the editorial board of several law reviews and editor-in-chief of the Revista electrónica de estudios internacionales. He is member of the International Scientific Advisory Board (Fachbeirat) of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and of the Scientific Council of the European Association of Private International Law.

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