Speaking Engagements

MLL Legal | INGRES/ETH Zurich IP Retreat | The Measure of All Things in Intellectual Property Law | 8 and 9 September 2023

Michael Ritscher is co-chairing the conference and chairing the panel on copyright law, and Peter Schramm is chairing the panel on design law of this international conference which is sponsored by ETH Zurich and by INGRES.

The ultimate questions in IP, namely if and to what extent a creation or a designation deserves legal protection under patent, design, trademark and/or copyright law are to be answered by a human, but from the standpoint of fictitious persons. In patent law, this is the person of average skill in the art, in design law the average consumer with an interest in designs, in trademark law the average consumer, and in copyright it seems less clear. What are the underlying policy considerations, and where do they differ between the IP rights? How do practitioners cope with the task of putting themselves into the mind of a fictitious person? To what extent can empirical methods help to make this task a less subjective and more objective one? Is this fictitious person the same for the assessment of persistence of an IP right and for the assessment of the scope of protection?

Check out the program here.

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