The Tunisian delegation visits the German Federal Patent Court
The Tunisian delegation visits the German Federal Patent Court
Tunisia

From 3 to 6 December 2018, the IRZ organised a study visit on “German practice in patent and antitrust law proceedings” in Munich for ten representatives of the Tunisian Cartel Office. The trip took place within the framework of the institutional funding provided by the German Federal Ministry of Justice and Consumer Protection (BMJV).

The representatives of the Tunisian Cartel Office were able to find out about the tasks, operations and current legislation of the corresponding German authorities and courts, so that they could work out any potential points of reference for the reforms in Tunisia. The delegation was led by the second Vice-President of the Tunisian Cartel Office and was made up predominantly of reporting judges from the Tunisian Cartel Office.

The multi-day study visit began with expert discussions with the Head of the Cartel Office of Bavaria, who used various case examples to illustrate the Office’s tasks and activities and explained the differences between the federal and the federal state cartel offices. This was followed by practice-oriented expert discussions with four judges from the Higher Regional Court of Munich. The German speakers presented the current legislation in detail, using the so-called rail cartel as an example, and gave the Tunisian judges the opportunity to report on their own practices.

On the following day of the working visit, the focus was on patent law proceedings, with a visit to the German Federal Patent Court and to the Regional Court of Munich I. During talks with a judge at the German Federal Patent Court, the Tunisian delegation not only learned more about the history, role and responsibilities of the court, but also about its judicial practices. A special highlight of the visit was a visit to a digital courtroom. This was followed by talks with two judges from the Regional Court of Munich I. The Tunisian delegation showed a particular interest in mediation processes. The two German judges, on the other hand, were also able to learn about the everyday practices of their Tunisian colleagues.

The study visit featured lively discussions between the Tunisian guests and their hosts. Since reforms in the fields of patent and antitrust law are planned in Tunisia, many questions came up with regard to the potential for reform and the implementation of new structures and processes. The practical explanations provided by the German parties in the discussions provided some important ideas and momentum for the imminent reform efforts.