Speaker: Prof. Jens Schovsbo (University of Copenhagen)
Chair: Prof. Christophe Geiger (Director of ILEO, Luiss Guido Carli)
Date and Time: Oct 11th, 2024, 16:00 – 17:30hrs.
Aula 13 – Via Parenzo
https://luiss.webex.com/luiss-en/j.php?MTID=m92bd69d03af5d8e1c5da72705881f6dc

 
Please register and confirm your attendance at ileo@luiss.it (mandatory for externals to enter the Luiss Premises) 

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 not having the proprietor's consent from e.g. offering, placing on the market or using a product which is the subject-matter of the patent, or importing or storing the product for those purposes; or using a process which is the subject-matter of the patent. The paper argues that there are good and sound arguments for internalizing sustainability concerns into the exhaustion rules across the EU harmonized IP 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 contribute to this.

About the Speaker

Professor Jens Schovsbo, LL.D. and PhD, is a professor of Intellectual Property law (IP) at the University of Copenhagen, 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 and with a particular interest for the intersection to competition and contract law. He has been the President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) (2019 – 2022) and chairperson of the Scientific Advisory Board for the Max Planck Institute for Innovation and Competition in Munich.