Lecture by Prof. Dr. Elsing, LL.M. (Yale) on IP disputes resolution
On 24 January 2018, the Max Planck Institute Luxembourg welcomed Prof. Dr. Siegfried H. Elsing, LL.M. (Yale), who gave a lecture on the litigation and arbitration of intellectual property rights disputes, within the framework of the Max Planck Lecture Series.
Prof. Dr. Siegfried H. Elsing, LL.M. (Yale) is a senior partner for Germany at the international law firm Orrick, Herrington & Sutcliffe LLP and an honorary professor at Heinrich-Heine-University in Düsseldorf (Germany). He lectures on international commercial arbitration and international civil procedure. Since 2013 he acts as an Honorary Consul of the Grand Duchy of Luxembourg for North Rhine-Westphalia. On 24 January 2018, Prof. Elsing shared his experience in the litigation and arbitration of IP disputes during a lecture held at the Max Planck Institute Luxembourg.
Prof. Elsing opened the lecture by providing a general insight into IP rights, before addressing IP disputes and their resolution. While IP disputes are increasingly resolved through arbitration, the question of IP rights’ arbitrability remains a hurdle to its effective use. As an example for the beneficial use of arbitration in the context of IP rights, he cited and explained the so-called “FRAND” disputes. These disputes concern the determination of fair, reasonable and non-discriminatory (FRAND) terms between standard-setting organisations (SSOs) and standard essential patents-holders (SEP). Prof. Elsing sees a possible role of arbitral tribunals in the IP rights policy of SSOs, in settlements between SEP-holders and cartel authorities, in FRAND license offers and in disputes between SEP-holders and prospective licensees/implementers. He pointed out that the benefits of resolving the FRAND disputes by arbitration would be the confidentiality, procedural efficiency, party control over proceedings and availability of specialised institutions.
The lecture was followed by a lively Q&A session, during which the participants mainly questioned the role of arbitration in FRAND disputes.
The Max Planck Lecture Series gives the floor to renowned experts in procedural law, who are invited to provide updates on topical questions. All the lectures are free and open to the public.
