Number of credits
|Specialised master in European law, competition law and intellectual property (droit de la concurrence et de la propriété intellectuelle)||2 crédits|
Language(s) of instruction
Organisation and examination
Teaching in the second semester
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
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.
Learning outcomes of the learning unit
At the end of the course, students will be able to:
- answer to the various queries of any hypothetical IP client about IP litigation;
- select the most time and cost-efficient procedure for the enforcement of IP rights;
- answer to seizure threats.
Prerequisite knowledge and skills
A good, working level of English is a must.
Students are expected to have a strong knowledge of IP law, patent and trademark law in particular.
The following books may be used as useful references:
- R. HACON & J. PAGENBERG, Concise european patent law , Alphen aan den Rijn, Kluwer Law International, 2008.
- BRAUN, Précis des marques : la convention Benelux, le droit communautaire, les lois pénales et la compétence civile belges, les conventions internationales, Bruxelles : Larcier, 2009.
Planned learning activities and teaching methods
Mode of delivery (face-to-face ; distance-learning)
The course is an ex-cathedra course but will take a practice-oriented approach: examples studied during the course will mainly be based on real cases.
Students will be invited to take the perspective of a lawyer representing the plaintiff, or the defendant, in an IP litigation.
Recommended or required readings
Assessment methods and criteria
Students are evaluated on the basis of a written exam.
For any question, please contact the Secretary of the Institute for European Legal Studies via email.
Secretary : Mrs. Caroline Langevin (email@example.com)