Equality of Arms: Revisiting the IPR Enforcement Directive

The Faculty of Law, Economics and Finance is delighted to invite you to this conference.

Abstract

Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) marked its 20th anniversary last year. Originally adopted to harmonise national enforcement regimes and strengthen the position of right holders, IPRED has had a significant impact across the EU—particularly in combating piracy and counterfeiting. Nevertheless, enforcement practices still vary widely among Member States. Moreover, the Directive’s right holder-centric focus has raised concerns about a potential lack of balance in the enforcement framework. In response, the European Commission (DG GROW) has launched a study on the implementation of IPRED, which also considers possible legislative amendments.

With a particular focus on the concept of “equality of arms”, this working conference examines whether the Directive provides a sufficiently harmonised and balanced enforcement regime—or whether its design requires reform. Bringing together leading figures from academia, legal practice, and the judiciary across multiple jurisdictions, the event will explore key issues addressed in the Commission’s study, including dynamic blocking injunctions and proportionality. It will also discuss important yet underexplored topics, such as the award and calculation of damages and unjustified enforcement of IPRs.

Language

English.

This is a free event. Registration is mandatory.

Programme

Thursday, 20 November 2025

12.30 – 13.30

Registration and light lunch
13.30 – 13.45

Welcome
13.45 – 16.15
Panel 1: Damages

Introduction (Chair: Prof. Dr Benjamin Raue, Trier University)

Practical Differences in the Calculation of Damages: standard of care, lost profits, infringer’s profits

Panelists:
- Judge Freyke Bus, Hof Den Haag, Netherlands
- Judge Nathalie Sabotier, Cour de cassation, France / UPC CoA
- Judge Tobias Pichlmaier, Regional Court Munich I, Germany / UPC CFI
Extraterritorial and Springboard Damages

Prof. Dr Marketa Trimble, UNLV

Discussion
16.15 – 18.15

Panel 2: Unjustifies Enforcement and Remedies

Introduction (Chair: Prof. Dr Christian Heinze, University of Cologne)

The CJEU’s Approach to Unjustified Enforcement: C-473/22 – Mylan AB

Judge Küllike Jürimäe, CJEU

IPRED’s Compensatory Regime and its Interpretation by the CJEU: A Critique

Dr Agnieszka Sztoldman, University of Wrocław / Osborne Clarke

Unjustified Enforcement: Do We Need Further Harmonised Remedies?

Prof. Dr Ruth Janal, Bayreuth University

Discussion
18.15

Cocktail

Friday, 21 November 2025

09.00 – 11.45

Panel 3: Dynamic Blocking Injunctions

Introduction (Chair: Prof. Dr Matthias Leistner, LMU Munich)

A Practical Perspective

Dr Malte Baumann, Nordemann

An Academic Perspective

Prof. Dr Christina Angelopoulos, Cambridge University

A Judicial Perspective

Lord Justice Richard Arnold, CoA of England and Wales (online)

Article 11 IPRED and ‘secondary liability’

Prof. Dr Ansgar Ohly, LMU Munich

Discussion
11.45 – 13.00

Panel 4: Proportionality

Introduction (Chair: Assoc. Prof Martin Stierle, University of Luxembourg)

Proportionality in EU Copyright and Trade Mark Law: How Do Courts Do?

Judge Octavia Spineanu-Matei, CJEU

Proportionality in EU Patent Law: Do We Need to Amend IPRED?

Prof. Dr Rafal Sikorski, UAM Poznań

The EU’s Approach to Trade Secret Law: A Blueprint for a Reform of IPRED?

Prof. Dr Ansgar Ohly, LMU Munich

Discussion