Intellectual property in Europe: same rules, different practices?

Intellectual property law is marked by intense international cooperation which actively contributes to the approximation of legislations, to the development of centralized procedures, to the creation of supranational titles and to the harmonization of laws.
This is particularly notable on the European level, where regulations and directives provide the necessary convergence tools needed for the establishment of a harmonized law of intellectual property. Moreover, the creation of European titles contributes to the unification and integration of intellectual property law.

However, the shared observation that standards are converging under the impetus of increasingly prevalent European and international legislation is not enough to eliminate all the issues associated with the implementation of the legal corpus for the protection and enhancement of intangible heritage for economic players. Indeed, despite the convergence of standards, which seems to be erasing disparities in legislation, there remain pockets of resistance and divergences, which European institutions are working to reduce. The causes have been identified: divergent transpositions, office practices and conflicting case law. They are detrimental to the efficiency of the system and to legal certainty. Greater convergence of practices is therefore desirable. To achieve this, we need to mobilize all our resources, not only those of a normative nature, but also those of an institutional nature or those derived from practical experience.

This symposium is part of the international research lab LAI LAC+ (Lille-Alicante). It extends and broadens the reflections initiated at the Design symposium held in Lille on December 3, 2020. It aims to highlight the economic/ethical factors of convergence and its vectors. Ensuring a high, equivalent and homogeneous level of protection for intellectual property in Europe is essential, given that intellectual property law plays a fundamental role in the development of economic growth by supporting innovation. As an economic right, it also contributes to social well-being.

Program

DAY 1: Thursday 9 November

15:30

OPENING ADDRESSES

President of University of Alicante

Pr. Jean-Gabriel Contamin, Dean of Lille Faculty of Law.

Pr. Esperanza Gallego, Director of the Commercial Law Department.

Pr. Pilar Montero, Director of the Magister Lvcentinvs, Master on Intellectual Property and Digital Innovation. University of Alicante.

INTRODUCTION

Pr. Edith Blary-Clément, Director of the LAI LAC+.

16:00

I/ CONVERGENCE FACTORS

A. First round table: competition law as a factor in harmonizing intellectual property standards

Moderator: Dr. Anaïs Dépinoy, associate professor, University of Lille.

Google news, neighboring rights and abuses of a dominant position
- Irene Madero, French Competition Authority
- Francisco Ripoll Vázquez, Inspector Jefe de Competencia. CNMC
Spare parts, IP and competition
- Vicente Gimeno, Professor, University of Alicante
- Natalia Kapyrina, associate member of CEIPI research laboratory, University of Strasbourg

17:20

B. Second round table: Health and environment

Moderator: Altea Asensi Meras, Professor, University of Alicante.

IP in the drug sector
- Eric Sergheraert, Professor, University of Lille
- Pilar Iñiguez, Professor, University of Alicante
Consideration of environmental imperatives
- Community Plant Variety Office PVO
- Aurélie Guétin, Managing Directof Trademarks France, Novagraaf

DAY 2: Friday 10 November

9:30

II/ CONVERGENCE VECTORS

A. Third round table: top-down convergence

Moderator: Caroline Le Goffic, Professor, University of Lille

The Cout of Justice of the European Union CJEU and autonomous notions
- Stéphanie Carre, Associate Professor, CEIPI, University of Strasbourg
- Ignacio Rabasa, Professor, University of Alicante
The European Patent Convention
- Emmanuel Gougé, Partner, Pinsent Masons
- Prof. Alberto Casado. Baylos, Former Vice President of the European patent Office, Former Vice President of the OHIM, Former Director General of the Spanish Patent and Trade Mark Office

10:30 – 11:00 BREAK

11:00 - 12:00

B. Fourth round table: bottom-up convergence

Moderator: Pilar Montero, Professor, University of Alicante.

Convergence programs
- EUIPO TBC / OEPM
- Police
Artificial Intelligence and Intellectual Property: authors’ initiatives
- Stéphanie Le Cam, associate professor, University of Rennes 2, director of the Authors’ League
- Carolina Pina, Departamento de Propiedad Intelectual, Telecomunicaciones & Media. Garrigues Madrid

12:20 - 13:00

III/ INTELLECTUAL PROPERTY IN THE BUSINESS LAW ECOSYSTEM

Final roundtable

Moderator: Nuria Fernandez Perez, Professor, University of Alicante.

Intellectual Property and distribution contracts
- Simon Farges, associate professor, University of Lille
Intellectual Property and company law
- Prof. Jorge Moya, Commercial Law Professor. University of Alicante
- Ascensión Gallego Córcoles, Universiy of Castilla la Mancha (Spain)