University of Liege | Version française
Academic year 2014-2015Value date : 26/11/2014
Version 2013-2014
DROI0996-1  IP Enforcement

Duration :  10h Th
Number of credits :  
Advanced Master in European Law2
Advanced Master in European Law2
Lecturer :  Christof Karl
Language(s) of instruction :  
English language
Course 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 course :  
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.
Prerequisites and co-requisites/ Recommended optional programme components :  
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.
Work placement(s) :  
Organizational remarks :  
Contacts :  
For any question, please contact the Secretary of the Institute for European Legal Studies via email.
Secretary : Mrs. Caroline Langevin (caroline.langevin@ulg.ac.be)



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