Marion Caroline Hélène GUTH
1. Family name : GUTH
2. First names : Marion Caroline Hélène
3. Date of birth : October 16, 1953
4. Nationality : French
5. Civil status : 2 children
6. Education :
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Institution
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Paris University (PARIS-XII)
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Date : From (month/year) :
To (month/year)
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1970-1974
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Degree(s) or Diploma (s) obtained :
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Maîtrise en droit privé général
(= LLB in Private Law)
C.A.P.A. (Professional Examination for the Bar)
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Institution
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Nancy University (NANCY II)
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Date : From (month/year)
to (month/year)
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1976-1978
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Degree(s) or Diploma(s) obtained :
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Diplôme d’Etudes Approfondies (DEA) en droit européen
(= LLM in European Law)
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7. Language skills : (mark 1 to 5 for competence, 1 being the best)
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Language
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Reading
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Speaking
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Writing
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French
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Mother tongue
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|
|
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English
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1
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1
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1
|
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Spanish
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1
|
2
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3
|
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Italian
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1
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3
|
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German
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2
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2
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3
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Russian
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2
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3
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4
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Portuguese
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2
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(Also, as an insight into other cultures : Bengali, Arabic, Hebrew and a few African languages)
8. Membership of professional bodies :
- Secretariate General of the French national Committee against Piracy and Counterfeit
- A member of the French national jury for qualification examinations in Trademark and Design practice (1997-2003)
- I am a member of the following expert and working groups : NATO’s Program Science for Peace ; French National Bureau for Genetic Resources ; Council of Europe’s Ad hoc Group on Counterfeit Drugs ; Bilateral French-Russian Committee on Counterfeit
- I teach at the University of Lille (France), Faculty of Pharmaceutical and Biological Sciences and at the University of Paris (Paris V, Paris VIII and Paris XIII) at postgraduate level (Drugs and Industrial Property Rights – Management of Innovation)
- Occasionally a member of Ph.D. juries (IP Laws ; Counterfeit)
9. Other skills : (e.g. Computer literacy, etc.)
Computer literacy (WORD6, Excel, Internet)
10. Present position
Senior Legal Advisor with the Head Department of the French National Institute for Industrial Property, in charge of anti-counterfeit matters
11. Years within the firm :
13 years
12. Key qualifications :
- overall knowledge of Industrial Property Rights, seen from a practical angle as a lawyer engaged in private practice (Paris’ Bar for 4 years, and Trademark & Design Attorney for 11 years), as well as from the point of view of a national Office for industrial property
- awareness of the environment of Industrial Property Rights and experience in audits and seminars in various parts of the world
- I have already « audited » a national office within the frame of I.N.P.I.’s bilateral agreements (Chile)as well as within the frame of a European program (Tunisia)
- I have already reviewed the compatibility of national laws with TRIPs requirements and EC provisions for the European Commission (DG1) either in specific areas or in all areas of Intellectual Property Laws, including Enforcement (Georgia ; Romania ; Azerbaidjan, Russia , Kyrgyzistan; Mercosur countries ; Chile )
- I am used to working with public authorities, involved as I am at home in interministerial work at both national and international levels
13. Specific experience as an LTE or STE in TACIS or other EU or WIPO or bilateral programs, or as a speaker/moderator :
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Country
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Date : from (month/year) to (month/year)
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Laos (speaker)
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WIPO National Seminar (October 1995)
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Turkmenistan (speaker)
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EPO/WIPO Regional Seminar (May 1996)
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Togo (speaker)
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International Conference on Free-trade zones (June 1996), Ministry for Industry
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South Africa(speaker)
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International Conference on Science and Technology for Reconstruction and Development (September 1996), University of Natal
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Chile (STE)
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Bilateral Cooperation Agreement between France and Chile : Audit of the Chilean IP Department (March 1997)
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Hungary (speaker and moderator)
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European Commission (DG1)/EPO Regional Seminar (RIPP 54) (June 1997)
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Georgia (STE)
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European Commission (DG1 – TACIS EDGE 9501) (September 1997, October 1997)
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Romania (STE)
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European Commission (TAIEX) (October 1997)
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Mercosur Countries + Chile (Team leader)
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DG1, Study on all IPRs and Comparison with TRIPs and EU provisions (Jan.-July 1998)
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Slovakia (speaker and moderator)
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European Commission (DG1) / EPO Regional Seminar RIPP 71 SK (April 1998)
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Azerbaidjan (STE)
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EES Framework Contract, Lot AZ 15, WTO Accession (April 1999) ; Implementation of the EU-Azerbaidjan PCA (August 2002)
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Russia (Team Leader)
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EES RF 04 Legal Support for the Development of e-Commerce in Russia (Team Leader, Jan.-Nov. 2001)
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Kyrgyzistan (STE)
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PCA EU-Kyrgyz Republic ( April 2003)
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Poland (speaker)
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French Embassy (november 2004)
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The Czech republic (speaker)
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French Embassy (in liaison with the Czech custom authorities) (2005)
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Tunisia (Team leader)
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An EC financed Program for Industrial Modernization (July 2006-February 2007)
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14. Professional Experience Record :
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Date : from (month/year)
to (month/year)
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1979-1980
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Location
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Paris - F
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Company
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Cabinet HIRSCH
Patent and Trademark Attorneys
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Position
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Jurist in charge of all industrial property matters
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Description
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Consultancy
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Date : from (month/year)
to (month/year)
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1980-1983
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Location
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Paris - F
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Company
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Cabinet Jean-Pierre STENGER
Barrister
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Position
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Collaborator
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Description
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I joined the bar in 1980, and therefore worked as a barrister with JP Stenger, a senior barrister, himself specialised in industrial property matters
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Date : from (month/year)
to (month/year)
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1985
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Location
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Glasgow - UK
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Company
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McRoberts Solicitors
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Position
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Legal Assistant
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Description
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Consultant in French Trade Law, and Industrial Property Law
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Date : from (month/year)
to (month/year)
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1987-1989
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Location
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Paris - F
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Company
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Cabinet ORES
Patent and Trademark Attorneys
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Position
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Jurist
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Description
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In charge of a number of clients (pharmaceutical, food sectors) for their trademark and design rights
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Date: from (month/year)
to (month/year)
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1989-1993
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Location
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Paris - F
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Company
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Cabinet HARLE & PHELIP
Patent and Trademark Attorneys
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Position
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Jurist - Trademark and Design Attorney
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Description
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In charge of the Trademark and Design Department, and of a number of clients (pharmaceuticals, cosmetics, aeronautics) for trademark and design matters
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Date : from (Month/year)
to (month/year)
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1993 up till now
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Location
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Paris
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Company
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Institut national de la propriété industrielle (I.N.P.I.)
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Position
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Senior Legal Advisor (Head Department)
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Description
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1993-1995: Trademarks and Designs
1995, until now: Patents
Acting as an interface with the specialised departments, and taking part to interministerial working groups as well as to international meetings
Since 2002 : Secretary general of the French National Anticounterfeit Committee
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15. Papers delivered:
a) abroad
- WIPO National Seminar, Vientiane, Laos, October 25-27, 1995
- The Role of Intellectual Property Rights in Economic and Social Development
- Technology Transfer Agreements Involving Intellectual Property Rights
(in English)
- EPO/WIPO Regional Seminar, Ashgabat, Turkmenistan, May 2-3, 1996
Licensing and Technology Transfer Agreements from the Point of View of Development (published)
(written in English and delivered in Russian)
- International Conference On Free Processing Zones, Lome, Togo, June 4-7, 1996 (organised by the Togolese Ministry for Industry, State Companies and Lome Free Processing Zone, with the UN)
Intellectual Property and Technology Transfers in Free Processing Zones (published)
(in French)
- International Conference on Science and Technology in Reconstruction and Development, University of Natal, Pietermaritzburg, South-Africa, September 23-26, 1996
The Legal Environment of Technology Transfer Agreements from the Point of View of Development (published)
(in English)
- DG1/EPO Regional Seminar (RIPP 54), Budapest, Hungary, June 9-11 1997 on the TRIPS Agreement
- Industrial Designs and Lay-out Designs of Integrated Circuits
- The Control of Anti-Competitive Licences.
(in English – speaker and moderator)
- DG1/EPO Regional seminar (RIPP 71), Banska Bystrica, Slovakia, April 23-24, 1998, on the TRIPs Agreement
- Industrial Designs and Lay-out Designs of Integrated Circuits
- The Control of Anti-Competitive Licences
- Patents and Undisclosed Information
(in English- speaker and moderator)
- Framework Agreement between the EU and the MERCOSUR Countries as well as Chile (DG1), a 150 pages study on the legal framework of these countries vis-à-vis TRIPs and EU provisions in the field of Intellectual property Rights (Copyright and Neighbouring Rights, Data Bases, Software, Geographical Indications, Patents, Trademarks, Industrial Designs, Enforcement) (Team Leader, January – July 1998)
- Missions in Azerbaïdjan (April 1999 ; August 2002 PCA EU-Azerbaïdjan) :
- Audit of the IPRs provisions vis-a-vis TRIPs and EU provisions
- Organisation of a seminar
- Mission in Russia (Jan.-July 2001 – TACIS Project on e.commerce) : I was engaged as a Team leader to cooperate on a legal framework for electronic commerce
- Mission in Kyrgyzistan (Bishkek, Kyrgyzpatent), April 2003 :
- Industrial designs and The Hague Agreement
- Geographical Indications and EEC regulations
- Latest developments in Patents
- Fight against Counterfeit and Piracy
b) in France
- Trademark Infringement in the Distribution Sector
- The Community Trademark : EC Council Regulation n° 40/94 of December 20, 1993
- Novelty and Research : Scientists Have a Problem.
- The New French Law n° 94-102 of February 5, 1994 on Infringement
- Trademark Infringement on the Football Scene
- The Patentability of Pharmaceuticals (Supplementary Protection Certificates)
- Infringement and Drugs. A Specific Problem : Generic Drugs.
- The Legal Aspects of Electronic Filing : Cryptology.
- National Collections of Micro-organisms and IP rights
- Patenting the Results of Public Research
- Joint Research Over the Borders
- The implementation of Directive 98/44/EC relating to the legal protection of biotechnological inventions
- Counterfeit : what problematics ?
- The Patentability of Microorganisms (published
