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The Remedies in Intellectual Property Law: Do We Need Common European Principles?
Tentative agenda is available at the following link:
https://europeanlawinstitute.eu/fileadmin/user_upload/p_eli/General_Assembly/2019/ELI_AC_Tentative_Agenda_2019.pdf
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1.
Do you think that developing the common principles for the European IP remedies could be a useful exercise? Why?
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2.
Do you think the principles could improve adjudication of IP rights in practice? How?
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3.
What other benefits could such principles bring? Do we have some precedents?
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4.
Should these principles be horizontal across all IP rights? Why yes/not? Does different justification of rights matter?
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5.
Should these principles be EU-specific? Why?
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6.
How much should the principles be based on the existing national law/practice (and EU law) and how much should they try to go beyond?
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7.
How would you suggest to organize the work related to the development of such principles?
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8.
Do you think that splitting the work-streams into injunctions, damages, unjust enrichment would be too broad or narrow?
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9.
Who – in terms of expertise & persons – should be in charge of drafting sections of such principles? Why?
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