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The Faculty of Law, Economics and Finance is delighted to invite you to this conference.

Abstract

Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) marked its 20th anniversary last year. Originally adopted to harmonise national enforcement regimes and strengthen the position of right holders, IPRED has had a significant impact across the EU—particularly in combating piracy and counterfeiting. Nevertheless, enforcement practices still vary widely among Member States. Moreover, the Directive’s right holder-centric focus has raised concerns about a potential lack of balance in the enforcement framework. In response, the European Commission (DG GROW) has launched a study on the implementation of IPRED, which also considers possible legislative amendments.

With a particular focus on the concept of “equality of arms”, this working conference examines whether the Directive provides a sufficiently harmonised and balanced enforcement regime—or whether its design requires reform. Bringing together leading figures from academia, legal practice, and the judiciary across multiple jurisdictions, the event will explore key issues addressed in the Commission’s study, including dynamic blocking injunctions and proportionality. It will also discuss important yet underexplored topics, such as the award and calculation of damages and unjustified enforcement of IPRs.

Language

English.

This is a free event. Registration is mandatory.

Programme

Thursday, 20 November 2025

• 12.30 – 13.30

  Registration and light lunch

• 13.30 – 13.45

  Welcome

• 13.45 – 16.15

  Panel 1: Damages

  Introduction (Chair: Prof. Dr Benjamin Raue, Trier ����ͷ��versity)

  Practical Differences in the Calculation of Damages: standard of care, lost profits, infringer’s profits

  Panelists:

  • Judge Freyke Bus, Hof Den Haag, Netherlands
  • Judge Nathalie Sabotier, Cour de cassation, France / UPC CoA
  • Judge Tobias Pichlmaier, Regional Court Munich I, Germany / UPC CFI

  Extraterritorial and Springboard Damages

  Prof. Dr Marketa Trimble, UNLV

  Discussion

• 16.15 – 18.15

  Panel 2: Unjustifies Enforcement and Remedies

  Introduction (Chair: Prof. Dr Christian Heinze, ����ͷ��versity of Cologne)

  The CJEU’s Approach to Unjustified Enforcement: C-473/22 – Mylan AB

  Judge Küllike Jürimäe, CJEU

  IPRED’s Compensatory Regime and its Interpretation by the CJEU: A Critique

  Dr Agnieszka Sztoldman, ����ͷ��versity of Wrocław / Osborne Clarke

  Unjustified Enforcement: Do We Need Further Harmonised Remedies?

  Prof. Dr Ruth Janal, Bayreuth ����ͷ��versity

  Discussion

• 18.15

  Cocktail

Friday, 21 November 2025

• 09.00 – 11.45

  Panel 3: Dynamic Blocking Injunctions

  Introduction (Chair: Prof. Dr Matthias Leistner, LMU Munich)

  A Practical Perspective

  Dr Malte Baumann, Nordemann

  An Academic Perspective

  Prof. Dr Christina Angelopoulos, Cambridge ����ͷ��versity

  A Judicial Perspective

  Lord Justice Richard Arnold, CoA of England and Wales (online)

  Article 11 IPRED and ‘secondary liability’

  Prof. Dr Ansgar Ohly, LMU Munich

  Discussion

• 11.45 – 13.00

  Panel 4: Proportionality

  Introduction (Chair: Assoc. Prof Martin Stierle, ����ͷ��)

  Proportionality in EU Copyright and Trade Mark Law: How Do Courts Do?

  Judge Octavia Spineanu-Matei, CJEU

  Proportionality in EU Patent Law: Do We Need to Amend IPRED?

  Prof. Dr Rafal Sikorski, UAM Poznań

  The EU’s Approach to Trade Secret Law: A Blueprint for a Reform of IPRED?

  Prof. Dr Ansgar Ohly, LMU Munich

  Discussion

In collaboration with