EPLAW webinar: Bayer vs Richter (CJEU C-688/17): A support for innovation or a set back for justice?

EPLAW’s next webinar will take place on 18th February, 2021 at 4PM.

In this webinar an international panel of practitioners will discuss CJEU’s controversial Bayer judgment and its potential impact on patent litigation in Europe.  In particular, the following questions will be debated:

  1. Is Bayer vs Richter a support for innovation or an unwanted deviation of the prevailing (case)law in Europe?
  2. Is the ruling applicable to all decisions which are enforced by the IP holder against the defendant as long as there is no final decision in proceedings on the merit?
  3. It is clear that “appropriate compensation” has to be interpreted the same way throughout the EU. What is its content, scope and method for applying?
  4. Does consideration 64 (52) mean that statutory provisions which call for strict liability are not in conformity with the Enforcement Directive?
  5. Is irreparable harm a EU Uniform standard or can different EU countries give a different interpretation? What is irreparable harm?
  6. Is “abuse” an EU uniform standard or can the Member States give it a different meaning?
  7. What is – if appropriate – appropriate compensation?
  8. Would a practice in which a court would only grant provisional measures if the applicant gives a cross undertaking in damages be contrary to Bayer-Richter?

The webinar will be moderated by Prof Willem Hoyng.


  • Steven Cattoor – HOYNG ROKH MONEGIER (BE)
  • Giovanni Guglielmetti – Bonelli Erede Pappalardo Studio Legale (IT)
  • Tanguy de Haan –  NautaDutilh (BE)
  • Peter Ling – Lenz & Staehelin (CH)
  • Mark van Gardingen – Brinkhof (NL)
  • Philippe Campolini – Stibbe (BE)
  • Tankred Thiem – LGV Avvocati (IT)
  • Frederic Chevallier – Herbert Smith Freehilss (FR)
  • Alexander Haertel – Bardehle Pagenberg (DE)

A virtual lounge will be available for the participants from 3.30 pm and after the session, until 6.00 pm.

The webinar is for EPLAW members only.