Beijing Arbitration Commission

PRACTICAL ASPECTS OF ARBITRATING IP DISPUTES:

Publish time: Wed Aug 12 00:00:00 CST 2009

A CHINA / EUROPEAN UNION PERSPECTIVE
Co-organized by CEAC & BAC
Beijing, September 14, 2009

Introduction to organizers:

CEAC: The Chinese European Arbitration Centre ("CEAC") offers services of an institutional arbitration centre tailor-made to the needs of trade with China. It is based on a truly global approach granting equal power to Chinese, European and worldwide participants in the market (from areas other than Europe and China). This approach guaranties neutrality, in particular during the process for the choice of a neutral arbitrator. CEAC is an institution officially established by the Hamburg Bar Organization (an official administration representing more than 7000 lawyers), by the Hamburg Chamber of Commerce (representing companies in Hamburg and home of the Hamburg Beijing Conciliation Centre since over 20 yeas) and by leading lawyers and law firms from around the globe. Under German law, to start its activities, the CEAC was duly registered with the Commercial Register of Hamburg at HRB 106638. It does not require a further license.

The Hamburg Senator has given its explicit approval and accepted the patronage to the institution by a letter dated 18 September (which is the date of the CEAC inauguration). CEAC is supported by all of the over 80 founders from 19 nations and all members of the Chinese European Legal Association CELA which include many leading international law firms.

BAC: The Beijing Arbitration Commission (“BAC”) is a non-profit permanent organization devoted to the providing of a forum for impartial and efficient alternative dispute resolution including arbitration and mediation. The BAC focuses on contractual and property-related disputes, both domestic and international, especially concerning engineering and construction, international sales of goods and foreign investment. Since its founding on September 28 1995, the BAC has grown into the foremost arbitration commission in China. The BAC dealt with about 2000 cases a year on average in the past three years. The BAC has attracted famous arbitrators all around the world. 60 arbitrators coming from 13 countries are included in the Panel of Arbitrators of the BAC, occupying near one sixth of all arbitrators. The BAC is one of the best ideal alternatives for international clients to solve disputes in China.

Venue:
·BAC International Conference Hall, 16/F, China Merchants Tower
Language:
·English with simultaneous translation into Chinese
Audience:
·In-house counsels from Chinese Manufacturing or Trading Companies and European Companies, lawyers and arbitrators.
Content:
·IP-rights like patents, know-how and trademarks play a central role in the ever-increasing number of joint ventures and other forms of cooperation between Chinese and European partners. When those joint efforts turn sour the former partners frequently see each other in front of arbitration tribunals.
With experts from China and Europe (France, Germany and Spain) we will use the practical case of a failed joint venture to explore issues such as:
- the jurisdiction of arbitrators over the infringement and validity of IP-rights
- parallel civil proceedings including injunctive relief
- means to collect evidence and
- damages awarded and different ways to calculate damages.
Moreover, we will describe how a Chinese partner can improve its position by acquiring or expanding its own IP-portfolios.

Program:

Time
Topic
Speaker
13:30-13:45 Opening Statement Thomas Weimann
13:45-15:15 Practical Aspects of Arbitrating IP Disputes: A China / European Union Perspective Jean-Frederic Gaultier, Ling Ho, Miquel Montana, Richard Schachtner,Thorsten Vormann
15:15-15:45 Coffee Break
15:45-16:45 Practical Aspects of Arbitrating IP Disputes (cont'd) Jean-Frederic Gaultier, Ling Ho, Miquel Montana, Richard Schachtner, Thorsten Vormann
16:45-17:30 Q&A

Registration:

    there is no fee for registration. You may send the registration form via emails to Mr. Chen Cong at chencong@bjac.org.cn or fax to +8610-65668078.

Registration Form
CHINA SEMINAR
EHF China Seminar
DAMAGES IN INTELLECTUAL PROPERTY LITIGATION IN CHINA AND EUROPE
Practical Aspects of IP Arbitration:A China/European Union Perspective

Introduction to speakers:






Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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