‘Assessing Damages under the IPR Enforcement Directive’

May 17th, 2017, 3:00 PM- 4:00 PM GMT | 16:00-17:00 CET, Free OxFirst Webinar

Please use the following link to register: https://attendee.gotowebinar.com/register/2358050402726537473

Presented by Dr Roya Ghafele (OxFirst) and Rasmus Kamstrup Bogetoft (Plesner)

 What this talk is about 

This talk is the first of its kind to draw together a range of different publicly sanctioned sources that provide instructions on how to value Intellectual Property. We apply these to illustrate how damages can be assessed under the IPRED. In doing so, we seek to contribute to a more educated way of how to assess damages under the IPR Enforcement Director. In doing so, we fill an important gap: 

While the IPRED contains a host of principles discussing how to assess damages, there are no guidelines, commentaries or further explanations that would help the Court to understand how to translate these overarching guidelines into concrete assessments of the economic worth of the damage due. This, in our view, leaves an important shortcoming, which could lead to otherwise avoidable inconsistencies. Taking a bigger picture, the practice of IP valuation remains unclear to many practitioners. By consequence, it finds much lesser application than it should. There is a clear need to increase market actors’ confidence and certainty in IP valuation methods as a way to assess damages in litigation, but also in licensing negotiations and other IP transactions. This will allow judges and practitioners alike to better understand the business and the value of the IP itself and even provide decision makers with the required information to decide whether to enforce or to license IP. 

About the Speakers

Dr Roya Ghafele has been the Director of OxFirst, an off-shot from Oxford University, since 2011. In addition she has held senior academic positions with Oxford University since 2008; following stints at Harvard and U.C. Berkeley.

Rasmus Kamstrup Bogetoft is an assistant attorney with the Danish law firm Plesner. Rasmus has experience in respect of the enforcement of patent rights as well as marketing practices law, including damages and compensation. In addition to that he is an external teacher in IP law at the Copenhagen Business School. He studied law and economics at Yale University and holds a LLM in law from the University of Kopenhagen.