This coming weekend I leave for a 10-day trip to Munich. The primary purpose of the trip is to do some research at the Max Planck Institute in connection with my two pending book projects (Wrongful Patent Assertion: A Comparative Law and Economics Analysis, under contract with OUP, and Remedies in Intellectual Property Law, under contract with Elgar). I also am looking forward to catching up with several friends, acquaintances, and colleagues from the world of German IP law. In addition, I will be giving a lecture at Ludwig-Maximilians-Universität next Wednesday, February 5, at 6:30 p.m. titled “Extraterritorial Damages.” Here is a brief description:
As a general rule, intellectual property (IP) rights are territorial in nature. Subject to some possible exceptions, acts committed abroad do not violate domestic IP laws. In recent years, however, global commerce has brought to the forefront the question of whether the territoriality principle altogether precludes domestic courts from awarding damages for extraterritorial losses.
Professor Cotter will explore this issue based on decisions from the US, the UK, Canada, Japan, and Germany and review the evolving law, as well as some yet-to-be-resolved questions, concerning awards of extraterritorial damages for patent, copyright, trademark, and trade secret infringement. He will conclude with some thoughts on the related issue of whether courts should award global FRAND royalties in disputes involving SEPs.
More information can be found on the website of CIPLITEC (The Center for Law, Information and Technology), here.
During the duration of my stay in Germany, I probably will take a break from blogging, unless something extremely important happens that I simply have to write about. I expect to publish at least one more post this week, however, before leaving.
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