Comparative IP Litigation
Full course description
This course is specific to the LLM track and provides an insight to the theory and practice of IP litigation in major European jurisdictions. Students will be offered an insight into the various litigation strategies, while taking into consideration rules on jurisdiction, procedure, evidence, and pleadings in cross-border infringement actions that are typical to the enforcement of intellectual property rights. This course is taught by IP specialists from the major European jurisdictions. In this context the peculiarities of national enforcement and validity, and cumulation of trade marks, copyright and designs, as well as patents will be covered.
Taught by: Dick van Engelen (Ventoux; Maastricht University); Thomas Schmitz (Hoyng ROKH Monegier, Düsseldorf); Guy Tritton (Hogarth Chambers, London); Anselm Kamperman Sanders (Maastricht University).
Teaching methods: Lectures, tutorials, and assignments
Assessment method: Assignments and an individually written exam
Grading Policy
1) This course is graded on the following basis:
a) Written exam 60%,
b) All written assignments, 40%
2) You should post your assignment using the assignment feature in EleUM prior to the last tutorial meeting in week.
3) Resit exams will be conducted orally, by appointment only.
Course objectives
At the end of this course, the student is knowledgeable about various litigation practices and is able to set up a (cross-border) litigation strategy for Europe.
Recommended reading
Standard literature plus additional materials (e.g. Marshall, ‘The Enforcement of Patent Rights in Germany’; Tritton, ‘Interim Remedies in Intellectual Property Cases’; Tritton, ‘Interim Remedies in the United Kingdom and the EU’; ‘UK Patent Court Guide’; etc.)