In the morningof May 8th, the Judge Dr. Klaus Bacher of German Federal Supreme Court came toShanghai International College of Intellectual Property (SICIP), for giving lectures——“The Enforcement ofIntellectual Property”.
Judge Dr.Bacher enjoys abundant experience in intellectual property. He graduated fromthe University of Albert - Ludwig in Freiburg in 1988, and then passed the Germanjudicial examination, followed by receiving a doctorate from Albert - LudwigUniversity in 1994. From 1995, Judge Dr. Bacher has initially opened the roadof becoming an intellectual property judge, and successively engaged in localcourts and appeals courts. Finally, he became a German Supreme Court Judge in apatent trial, for which have accumulated more than 20 years of patent trialexperience.
Duringthe two-day courses, Judge Dr. Bacher briefly introduced the legal framework ofthe intellectual property rights in EU and its member states, the constitutionof the court, the system and implementation of the compensation forinfringement of intellectual property rights, the system of evidence, and soon. In addition, Judge Dr. Bacher explained the calculation method of damages,the circumstances of witnesses and six leading cases in detail. In terms ofevidence rules, he analyzed the admissibility and general principles ofevidence in intellectual property cases. As far as legal proceedings areconcerned, Judge Dr. Bacher demonstrated different stages in the proceedingsand illustrated the circumstances of expert appearing in court to testify. Interms of damages, he explained the two types of injunction— permanent injunction and temporaryinjunction, and also discussed the differences between the European Court andthe Chinese courts in the application of the injunction in intellectualproperty cases. Although it is a short course of two days, Judge Dr. Bachertaught students abundant practical experience from a professional point ofview, which was of great help.