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Please note that the time zone for the programme is CET.
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Friday, 26 November 2021 |
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| Moderator: Frédéric Bostedt, legally qualified member of the Boards of Appeal | |
| 09.45 hrs | Welcome Carl Josefsson, President of the Boards of Appeal |
| 10.00 hrs | Highlights of Board of Appeal Case Law: comments on selected decisions Yvonne Podbielski, legally qualified member of the Boards of Appeal |
| 11.00 hrs | The earlier the better, you know it makes sense – case law under the new Rules of Procedure
Ingo Beckedorf, Mike Harrison, Marcus Müller, chairmen of Technical Boards of Appeal 3.2.07, 3.2.06, 3.3.02 |
| 12.15 hrs |
Break |
| 13.15 hrs |
Computer-implemented simulations and possible consequences of G 1/19 Fritz Blumer, legally qualified member of the Boards of Appeal Rachel Free, Partner, CMS Cameron McKenna Nabarro Olswang LLP |
| 14.15 hrs |
Inventive step: views from national judges and board members Moderator: Wolfgang Sekretaruk, chairman of the Legal Board of Appeal Kemal Bengi, chairman of Technical Board of Appeal 3.5.03 Klaus Grabinski, Federal Supreme Court, Germany Sir Richard Arnold, Court of Appeal, UK Robert van Peursem, Supreme Court, the Netherlands |
| 15.30 hrs |
End of online conference |
Sir Richard Arnold read Chemistry at the University of Oxford before being called to the Bar of England and Wales in 1985. He specialised in intellectual property law and became a QC in 2000. He was Chairman of the Code of Practice for the Promotion of Animal Medicines Committee from 2002 to 2008, an Appointed Person hearing trade mark appeals from 2003 to 2008 and a Deputy High Court Judge from 2004 to 2008. He was a Judge of the High Court, Chancery Division from October 2008 to September 2019 and Judge in Charge of the Patents Court from April 2013 to September 2019. He has been an External Member of the Enlarged Board of Appeal of the European Patent Office since March 2016. He has been a Judge of the Court of Appeal since 1 October 2019.
He is the author of Performers’ Rights (6th ed, Sweet & Maxwell, 2021), the editor of the Halsbury’s Laws of England title Trade Marks and Trade Names (5th ed, Butterworths, 2014), was editor of Entertainment and Media Law Reports from 1993 to 2004 inclusive and has published numerous articles in legal journals. He is a Visiting Professor at the University of Westminster and was made an honorary Doctor of Laws by the same institution in July 2017.
Ingo Beckedorf, Dr. jur., M.L.E., German, Chairman of
Technical Board of Appeal 3.2.07 (Mechanics), deputy Chairman of the Enlarged
Board of Appeal. German state diplomas in law, master and doctorate in European
law (Hannover and Bristol). Joined the boards of appeal in 2007. Appointed as
chairman in 2017. Former judge at the Hanseatic Higher Regional Court, Hamburg.
Published books and articles on EU, competition law and patent law.
Kemal Bengi, DE/TR, PhD in electrical engineering (telecommunications), joined the EPO in 2002 as a patent examiner in telecommunications. He was appointed as a technically qualified member of the Boards of Appeal in 2012 and in 2019 became Chair of Technical Board 3.5.03, which mainly deals with appeal cases in the fields of telecommunications, industrial automation systems and hearing aids.
He is a regular speaker at conferences on topics like patentability of computer-implemented inventions, inventive step and opposition & appeal proceedings.
Fritz Blumer, CH, dipl. El.-Ing. ETH, Dr. iur., LL.M. Legally qualified member of the Boards of Appeal (since 2008) and of the Enlarged Board of Appeal (since 2014). Worked for 12 years in a commercial law firm in Zürich in the field of intellectual property after being admitted to the Swiss bar. Publications in the fields of patent law and procedural law, in particular international civil litigation.
Frédéric Bostedt, DE/FR, Legally qualified member of the Boards of Appeal. Dr. jur., LL.M. (Vic), Master 2 (Strasbourg). Member of the Legal Research Service of the Boards of Appeal from 2010, and its Head from 2017 to August 2021.
Dr Rachel Free is a partner in the patent team at International Law Firm CMS where she helps clients to protect their technology through patents. The patent filing and prosecution team at CMS Cameron McKenna Nabarro Olswang, LLP is band 1 ranked in Legal 500, 2021. She has an MSc in Artificial Intelligence and a DPhil in Vision Science. Rachel is a European and UK patent attorney and has worked on computer related patent drafting and prosecution through her career.
Rachel is a member of the All Party Parliamentary Group on AI (APPG AI) in the UK. She is also an advisory board member of the University of Bath centre for doctoral training on AI. She is vice Chair of the Chartered Institute of Patent Attorneys (CIPA) computer technology committee and is mentioned in the 2019 legal 500 CMS entry for law firms with patent attorneys as having ‘deep technical knowledge’.
Dr Klaus Grabinski was appointed as a judge at the Federal Court of Justice (Bundesgerichtshof) in 2009. He is member and since 2020 vice-presiding judge of the 10th Civil Division (X. Zivilsenat), which has inter alia jurisdiction in patent dispute matters. Prior to this, he was presiding judge at the District Court in Düsseldorf in one of the two patent litigation divisions (Patentstreitkammern) (2001-2009), judge at the Court of Appeal in Düsseldorf (2000-2001), legal researcher at the Federal Court of Justice in Karlsruhe (1997-2000) and judge at the District Court of Düsseldorf (1992-1997).
Dr Grabinski studied Law at the Universities of Trier, Geneva and Cologne. He is co-author of a commentary on the European Patent Convention (Benkard, Europäisches Patentübereinkommen, 3rd edition), a commentary on the German Patent Law (Benkard, Patentgesetz, 11th edition) and author of several articles concerning patent law, civil procedure and international private law.
He was a member of the former Drafting Committee for the Rules of Procedure for the Unified Patent Court (UPC) and is member of the Expert Panel assisting the UPC Preparatory Committee and external member of the Enlarged Board of Appeal of the European Patent Office. He is a frequent speaker at national and international conferences on patent law.
Mike Harrison, EN/DE, Chairman of a Technical Board of Appeal (Mechanics) since 2011. Mike is a member of the Enlarged Board of Appeal. Elected Member of the Presidium of the Boards of Appeal since 2014 and Chairman of the RPBA drafting group. Prior to joining the Boards of Appeal in 2006, Mike was a European Patent Attorney in private practice both in Germany and Sweden. 1982-1991 European Patent Examiner in both the Hague and Munich.
Marcus Müller, DE, Boards of Appeal, EPO Munich. Chairman of Technical Board of Appeal (Chemistry), Member of the Enlarged Board of Appeal and Member of the RPBA drafting group. Co-lecturer in the "Opposition and Appeal" seminar series, co-author of "Proceedings Before The European Patent Office – A Practical Guide to Success in Opposition and Appeal". Before joining the Boards of Appeal, worked as an examiner and member of the examination committee for Paper C of the European qualifying examination. Prior to the EPO, worked in the patent department of Akzo Nobel, the Netherlands and qualified as a European patent attorney.
Yvonne Podbielski, DE, Legally qualified member of the Boards of Appeal. Qualified as a solicitor (EN/Wales) after obtaining a PhD degree from Cambridge University. Worked for several years as a commercial litigator in London before joining the Legal Research Service of the Boards of Appeal in 2004. Head of that department from 2008-2016. Joined the Boards of Appeal in 2017. Contributes to “Singer/Stauder: Europäisches Patentübereinkommen”.
Wolfgang Sekretaruk, DE, Chairman of the Legal Board of Appeal and Deputy of the President of the Boards of Appeal. He has been a legal member of the Boards of Appeal of the European Patent Office since 2005 and was Chairman of Technical Board of Appeal 3.5.06 (Computer Technology) from 2014-2018.
Mr Sekretaruk is a former German judge who served, among others, at the Federal Patent Court and the Munich Regional Court, where he heard IP cases. He graduated from the University of Munich School of Law and also holds a PhD in law and a master’s degree in mediation. He has many years of experience as a lecturer in areas including German and European procedural law.
Robert van Peursem (LLM degrees in Dutch Law & European Law, University of Amsterdam), joined the Hague Bar in 1989. Practised for nearly 10 years, with a strong focus on IP law, with an intermezzo lecturing civil law at Leyden University (1996-1998). Joined the bench in 2001 as a judge, later Vice-President/Senior Judge (2006) in the IP Department of the Hague District Court, with exclusive competence in The Netherlands for i.a. patent law. Moved to the Hague Court of Appeal in 2012, before becoming an Advocate-General with the Dutch Supreme Court (“Hoge Raad”) in the civil law department in June 2013, with prime responsibility for IP cases including patent cases, dealing with other civil law cases too.
External legally trained member of the Enlarged Board of Appeal of the European Patent Office (2009). Teaches IP Law at PE courses for the Dutch judiciary. Speaker at (inter)national IP conferences. Legal Member of the ADR Financial Services Disputes Committee of Kifid (Financial Services Complaints Tribunal) since 2019.
