The language of the training will be English. The course will be limited to a small group of participants (maximum 30). This small number of participants will facilitate interactivity, discussion, and exchange of practices.
Duration of the course is 120 hours as it corresponds to the minimum officially required to obtain the EPLC.
The course will run from September 2023 to May 2024.
Evolution and constitutional foundations of the EU
Scope of the EU’s competences
Legal acts of the EU, the hierarchy among them and their legal value
Other sources of EU law (general principles, jurisprudence) and their role in the legal system
Roles of the various institutions in the EU decision-making process and the decision-making itself
Application of EU law
Fundamental rights in the EU legal order and in the ECHR/li>
Relevant substantive law of the EU (internal market and the four freedoms)
E-presentations and
tutorials
MODULE 2
PRIVATE LAW
International jurisdiction: Brussels I and Brussels Ibis
Cross-border enforcement of judgments
Alternative Dispute Resolution with a special focus on Online Dispute Resolution
Applicable law to contracts and torts: Rome I and Rome II
Private law, especially contract law and tort law, including aspects of European, continental and common law
Private International law on transfer of IP rights and accessory rights (priority rights)
E-presentations and
tutorials
MODULE 3
PATENT LAW IN THE EU
Biotechnological inventions and plant variety rights: law and case law from the CJEU
Supplementary protection certificates: law and case law from the CJEU
Competition law and patent law (focus on high technologies and pharmaceutical sectors): patent settlements and patent abuse under Article 102TFEU, compulsory licences, FRANDS, agreements contrary to Article 101 TFEU, unfair competition
Relationship between patent law and other IP rights: copyright, design, utility models, trade secrets
European harmonisation of patent law and other IP Rights as a result of TRIPS under the jurisdiction of the CJEU
E-presentations and
Tutorials
MODULE 5
ENFORCEMENT OF RIGHTS
Civil and border measures: Directive 2004/48 and Regulation 608/2013
Procedural rules of the EU criminal justice framework and Institutional issues and cooperation mechanisms (Europol, Eurojust, EJN)
Cross border patent infringement
Patent infringement and patent nullity proceedings in several contracting Member States
Litigation patent strategies in Europe
E-presentations and
Tutorials
EXAMINATION
Written examination: Multiple choice questions, as well as drafting of procedural acts, submissions, drafting decisions based on case materials
Online examination: quiz and prepared works (e.g. mock trial briefs and written assignments)