Speaker: Prof. Jens Schovsbo (University of Copenhagen)
Chair: Prof. Christophe Geiger (Director of ILEO, Luiss Guido Carli)
Date and Time: October 11, 2024, 4:00 PM – 5:30 PM.
Classroom 13 – Via Parenzo
https://luiss.webex.com/luiss-en/j.php?MTID=m92bd69d03af5d8e1c5da72705881f6dc

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Abstract

Legally speaking, the right of owners of patented products to repair or resell is determined by the principle of exhaustion: Unless the patent right is exhausted, the proprietor may prevent any third party without the proprietor's consent from, for example, offering, placing on the market, or using a product that is the subject matter of the patent, or importing or storing the product for those purposes; or using a process that is the subject matter of the patent. The paper argues that there are strong, valid reasons for integrating sustainability concerns into the exhaustion rules across the EU's harmonized intellectual property rights. Following this, it is argued that owners of patented products normally have a right to repair broken products and that third parties should be allowed to assist in this.

About the Speaker

Professor Jens Schovsbo, LL.D. and PhD, is a professor of Intellectual Property (IP) law at the University of Copenhagen's Center for Information and Innovation Law (CIIR) (www.ciir.dk/English). He has published extensively in Danish, Scandinavian, and international law journals, primarily on Intellectual Property Law, with a particular interest in its intersection with competition and contract law. He served as President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) from 2019 to 2022 and as Chairperson of the Scientific Advisory Board for the Max Planck Institute for Innovation and Competition in Munich.