Tuesday 28th
March 2023
5.00 pm-6.00 pm CEST

Unitary Patent and UPC are on: and now what?

Global Digital Encounters 26

Objectives

The first Draft of the Community Patent Convention dates back to 1962. Since then, a history of perpetual frustration has led the institutions of the European Communities and their Member States from failure to failure: 1975, 1989, 2000, 2005, 2009… finally, in 2012 two enhanced cooperation procedures led to the adoption of the Regulations 1257/2012 and 1260/2012 on the European patent with unitary effect, and in 2013 an international agreement opened to the signature of the Member States of the European Union completed the “Package” with the creation of the Unified Patent Court. Ten years later, the new system will enter into force on the 1st of June, 2023 for seventeen of the twenty-seven Member States.

The 26th Global Digital Encounter invites us all to reflect on the advantages and disadvantages of this complex but exciting system, on the most immediate advantages and problems that its application will bring to European and non-European Inventors and on its future in the medium and long term.

Report

Meet the Panel

Prof. Craig NARD

Galen J. Roush Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts at Case Western Reserve University School of Law (Ohio, US)

Prof. Tuomas MYLLY

Professor of Commercial Law at the Faculty of Law of the University of Turku (Finland), Director of the IPR University Center

Dr. Matthias LAMPING

Senior Research Fellow, Max Planck Institute for Innovation and Competition (Munich, Germany)

Moderator: Prof. Manuel DESANTES REAL

Professor of Law at the University of Alicante (Spain), Former Vice-President of the European Patent Office (2001-2008)

Countdown!

GDE 26: Unitary Patent and UPC are on: and now what?

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About our Speakers

Prof. Craig Nard

Galen J. Roush Professor of Law and Director of the Spangenberg Center for Law, Technology & the Arts at Case Western Reserve University School of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy in Torino, Italy and Visiting Professor at Bocconi University in Milan, Italy. He is widely published in the area of patent law, with scholarly articles appearing in many of the most prominent law journals, including Georgetown Law Journal, Northwestern Law Review, Vanderbilt Law Review, Supreme Court Economic Review and the Review of Law and Economics. Professor Nard is also the author of a leading patent law casebook, The Law of Patents (5th ed. Wolters Kluwer). Prior to entering the legal academy, he clerked for the Honorable Giles S. Rich and Helen W. Nies of the United States Court of Appeals for the Federal Circuit in Washington, D.C. and, before that, was the Julius Silver Fellow in law and technology at Columbia University School of Law. In 2014-15, Professor Nard was voted “Professor of the Year” by the First-Year law school class and, in 2019, received the law school alumni’s “Distinguished Teacher Award.”

Prof. Tuomas MYLLY

Professor Tuomas Mylly is Chair of Commercial Law at the Faculty of Law, University of Turku. He is also an Adjunct Professor of European Law at the University of Turku. In addition to his academic career and studies in Finland and abroad, he has functioned as lawyer and legal counsel at a law firm and a major mobile communications corporation in Finland. His research focuses on global and European intellectual property law, competition law of the digital society, as well as European constitutional law related to the regulation of information. He has led numerous research projects that have covered, e.g., innovation law, reconciliation of value conflicts in European private law and constitutional law of intellectual property

Dr. Matthias LAMPING

Born in 1983 in Germany, Matthias grew up in Spain and studied law in Austria. After concluding his doctoral studies at the University of Salzburg, he joined the Max Planck Institute for Innovation and Competition in Munich as a senior research fellow. He holds an MBA from IESE Business School and is currently pursuing his habilitation at the University of Munich. Matthias is active as a visiting lecturer at the Ludwig Maximilians University of Munich and Tongji University in Shanghai, and has served in an advisory capacity to public authorities and private parties on matters of innovation and public policy, intellectual property, technology transfer, licensing, and competition law.

Prof. Manuel DESANTES REAL

He holds a Professor’s Chair at the Faculty of Law of the University of Alicante (Spain) since 1992. He has been Vice-President of the European Patent Office (Munich) from 2001 to 2008, Vice-Chancellor and Rector in acting of the University of Alicante from 1996 to 1998 and Member of the Legal Service of the European Commission between 1998 and 2001. In 1994 he founded the Magister Lvcentinvs (Master in Intellectual and Industrial Property) at the University of Alicante.

Former member Of Counsel at ELZABURU. Member of the Foundation Eisenhower, amongst others. He has published seven books and more than one hundred research papers and has delivered a full course at The Hague Academy of International Law in July 2019. Member of Fide’s Academic Council.

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