4 September 2010, Shanghai
At the scene of the World Expo Shanghai 2010 in the Belgian-EU Pavilion, IPR2 held a ‘moot court’ in which Chinese and European experts simulated enforcement proceedings for the same real-world infringement case, applying the respective legal systems for protecting intellectual property at a trade fair in Europe and China. This practical approach provided a unique learning opportunity on the methodology and reasoning of court decisions and a very practical means of comparing the similarities and differences between the Chinese and European enforcement procedures and practices.
The event commenced with welcome addresses from Dr Michael Pulch, Deputy Head of the European Union Delegation to China, Mr Tian Lipu, Commissioner of China’s State Intellectual Property Office and Mr Benoît Battistelli, President of the European Patent Office, present in China for the first time in his capacity as President, and to commemorate 25 years of co-operation on patent protection between the EPO and SIPO. Read more. View Benoît Battistelli’s welcome address Commemorating 25 years of close relations between the EPO and the SIPO at the Shanghai World Expo 2010.
Preparations for the case were done at Tongji University the day before in order to determine the composition of the Chinese and European teams, the roles of judges, lawyers and contributing experts and their tasks. Mr Wim van der Eijk, Vice-President of Legal Affairs at the European Patent Office opened the moot court and for the duration of the moot court, Chinese and European experts - Mr Zhang Weijun of Tongji University, Ms Marina Timoteo of Bologna University and Mr Joseph Straus from the Max Plank Institute - guided the proceedings.
The simulation used role-play to engage the different players involved in a case of a patent infringement at a trade fair: The Chinese and European legal teams – comprising of a judge, counsel and experts – applied the respective legal systems for protecting intellectual property at a trade fair in Europe and China. At the end of each proceeding, the respective judgements were pronounced - for Team China, the presiding Judge of the Chinese tribunal was Dr Jiang Zhipei (former head of the SPC IPR Tribunal) which also included Judge Zhang Shun and Judge Zhang Taolue; for Team Europe, the presiding Judge was Dr Klaus Grabinsky. The European proceeding involved counsel for the plaintiff, Dr Heinz Goddar and for the defendant, Mr Giovanni Casucci and the presentations were aided by the contribution of a technical expert, played by Mr Michele Lupoi. For the Chinese proceeding, the applicant was played by Mr Zhang Dixon and the respondent by Mr Si Weijiang.
View IPR2 moot court background.
Download agenda, presentations and reference materials (including patent registration) 5.79 MB
Introduction to EU Proceedings, preservation of evidence and preliminary injunctive order proceeding at trade fairs in Germany, Professor Marina Timoteo, University of Bologna 407.18 KB
Summary of the EU case148.04 KB
Sketch of the EU case (facts, roles and basic steps of the case) 29.21 KB
Request for a preliminary injunctive order (Plaintiff) 113.09 KB
Defensive brief (Defendant) 333.02 KB
Introduction to Chinese proceedings, preservation of evidence and preliminary injunctive order proceeding, Professor Zhang Weijun, Tongji University 50.43 KB
Motion for preliminary injunction (Applicant) 108.86 KB
Defendant's position (Respondant) 64.61 KB
This workshop was part of the 'IPR2 days' at the World Expo Shanghai 2010, dedicated to building awareness of the importance of IP protection and enforcement, which support the development of an innovative society. These activities were hosted in the EU-Belgian Pavilion which has thematic displays representing ‘Intelligent Europe’. This also involved an introduction to the European trademark system the day before. Read more.
World Expo 2010 Shanghai - On 3 December 3, 2002, at the 132nd General Assembly of the International Exhibitions Bureau, Shanghai won the bid on to host the World Expo 2010. The theme of the Expo 2010 is ‘Better City, Better Life’ representing the central concern of the international community for future policy making, strategies and sustainable development in the urban environment. Read more.
World Expo 2010 Shanghai
For more information on IP protection at trade fairs, contact Mr Carlo Pandolfi
For general information on IPR2, contact Ms Tamryn Barker
[IPR2 ref. CC4.AW3.003]