18 May 2019

How to Protect Your Designs

Session CSA53 Comparative Design Remedies, from 3:00 pm to 4:15 pm today, will feature an international panel discussing the latest developments in design litigation and the remedies available in China, Europe, and the United States.

Ivan Sempere, Director of the Legal Area and Founding Partner of PADIMA (Spain), will be presenting some key issues from the European perspective and will provide an overview on which remedies are provided by different jurisdictions in Europe and how they are implemented.

“Having a design right without appropriate remedies when it is infringed is nonsense and frustrating,” Mr. Sempere says.

“But it is not only about the law, but also how judges, lawyers, and businesses react and manage infringements. The European Union is the sum of many jurisdictions and it is worth knowing how we manage to provide uniform enforcement rules,” he notes.

The session will also discuss current cases moving through the courts.

Also speaking on the panel, Tracy-Gene G. Durkin, Practice Leader of the Mechanical & Design Practice Group at Sterne, Kessler, Goldstein & Fox P.L.L.C. (USA), says she is looking forward to discussing the Apple Inc. v. Samsung Electronics Co. U.S. Supreme Court decision on the measure of damages in design patent litigation.

“Systems with strong remedies for design infringement deter would-be copiers; weak systems encourage knockoffs. All eyes are now on the U.S. Court of Appeals for the Federal Circuit, which will soon review the first jury verdict since the Supreme Court decision,” Ms. Durkin says.

According to Guanyang Yao, a Partner at Liu, Shen & Associates (China), “The session will help international companies that have design patents in China to understand the strength of design patent enforcement in the country.”

He says his presentation will introduce the newly updated court system on IP protection in China. He will also discuss the injunctive relief granted to design patents and the damages that are generally awarded for design infringement.

Also speaking on the panel will be Sarah Burstein, Professor of Law at University of Oklahoma College of Law (USA). The panel will be moderated by Robert S. Katz, Attorney at Banner & Witcoff, Ltd. (USA).

Session CSA53 takes place from 3:00 pm to 4:15 pm in 206 AB

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