e-News No.51
March 23, 2017

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AIPPI Standing Committees

AIPPI discussing the day-to-day impact of the TRIPS Agreement for practitioners at Barcelona University

by Catherine Mateu (Chair of AIPPI’s Standing Committee on TRIPS)

On September 26th, 2016, the AIPPI TRIPS Committee represented by myself, held a three hour conference on the day-to-day impact of the TRIPS Agreement for Businesses at the Barcelona University, Spain, in front of Spanish patent practitioners of both private practice and the industry sector, who regularly gather during ‘‘Lunes de …

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Recent amendments to the TRIPS Agreement - establishment of access to affordable medicines

by Takeshi S Komatani (Member of AIPPI’s Standing Committee on TRIPS)

The World Trade Organization (WTO) announced on January 23, 2017 that an amendment to the WTO's Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement entered into force which secures for developing countries a legal pathway to access affordable medicines under WTO rules. According to the WTO, the amendment …

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2017 AIPPI World Congress – Sydney

2017 AIPPI World Congress Important Dates and Deadlines

by AIPPI General Secretariat

June 27, 2017: Deadline for early bird registration fee.

August 29, 2017: Deadline to regular registration fee.

For further details as well as all up to date information on the meeting we invite you to visit our Sydney Congress website here.

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Panel Sessions for the 2017 AIPPI World Congress in Sydney

by John Bochnovic (Executive Director of AIPPI)

The preparations for the Professional Development Programme of the 2017 AIPPI World Congress in Sydney are well under way. The Congress will offer 16 Panel Sessions with expert moderators and speakers over three days (Sunday, October 15 through Tuesday, October 17). They will cover a wide array of topical issues in IP law …

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Sponsorship Opportunities – AIPPI World Congress

In October 2017, the AIPPI World Congress will be in Sydney, Australia. Sponsors in Sydney will have unique opportunities to promote their activities to a worldwide audience meeting in a new, state-of-the-art convention centre. The intention is to introduce new ways to display the sponsor’s brands with high visibility, including banners on AIPPI’s web site and screens in the Congress …

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GOs & NGOs

Opportunity to carry out a traineeship at EUIPO

Every year the EUIPO offers young graduates and professionals the opportunity to carry out a traineeship at EUIPO. The deadline for application this year is Friday 31 March, and all the information can be found on the Office’s website.

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Articles and case notes

China: SIPO amends its Patent Examination Guidelines

by Guangyu Zhang (Wan Hui Da – Peksung Intellectual Property Group - China)

Directive of the State Intellectual Property Office on Amendment to the Patent Examination Guidelines (2017) (#74) The newly amended Patent Examination Guidelines of SIPO will take effect on April 1, 2017. The amendments involve important changes concerning business method and software related inventions, post-filing data and invalidation …

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Israel: The current Situation of Computer Implemented Inventions in Israel

by Roy S. Melzer (EHRLICH & FENSTER - Israel)

Section 3 of the Patents Law explicitly stipulates that an invention in any technological field, (which is new, useful, can be used in industry, and incorporates an inventive step) is a patentable invention. However, the Israeli Patent Office (IPO) has viewed computer-based inventions as not patentable for many years. In the past, …

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Japan: Post the Japanese Supreme Court Decisions on PBP Claims

by Hirohito Katsunuma (Katsunuma International Patent Office - Japan)

After issuances of Japanese Supreme Court Decisions (2012 (Ju) 1204 and 2012 (Ju) 2658; in Japanese), reciting manufacturing processes in product claims is only allowed where it is impossible or utterly impractical to directly define the product by its structure or characteristics. However, JPO examination guidelines and Japanese IP High Court decisions …

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Philippines: Philippines’ Accession to the Madrid Protocol Upheld as Constitutional by the Supreme Court

by Jose Cochingyan, III (Cochingyan & Peralta Law Offices - Philippines)

On July 19, 2016, the Supreme Court of the Philippines upheld the constitutionality of the accession of the Philippines to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol). The decision rendered by the Supreme Court resolves the petition filed by the Intellectual …

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Poland: The Polish Ministry of Justice is working towards specialist IP courts

by Bartosz Krakowiak (President of the Polish Group)

Following a meeting held on December 15, 2016 under the aegis of the Parliamentary Committee on Digitalization, Inventiveness and New Technologies, with his order of January 9, 2017, the Minister of Justice established a ministerial team of judges and experts responsible for developing concepts …

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Thailand: Using IP as Collateral in Thailand

by Suebsiri Taweepon and Ploynapa Julagasigorn (Tilleke & Gibbins - Thailand)

Thailand’s new Business Security Act (effective July 2016) allows borrowers to use their IP assets as collateral in securing loans, while retaining the right to possess and to put such collateral to commercial use during the secured period. Thailand’s Business Security Act B.E. 2558 (2015) (“the Act”) became effective on …

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Turkey: Major Changes in Turkish Trademark Law

by Abdurrahim Ayaz (Istanbul Patent A.S. - Turkey)

A new Trademark Law has gone into effect in Turkey as of January 10, 2017 replacing the existing Turkish Trademark Law. The previous law was “Decree Law No. 556 for the Protection of Trademarks” (hereinafter “Previous Law”), which was replaced by the new law called “Industrial Property Law – Law no. 6769” (hereinafter …

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USA: Available Damages for Design Patent Infringement in the US Have Changed; To What Remains to Be Seen

by Joshua B. Goldberg (Nath, Goldberg & Meyer - USA)

The US Supreme Court recently held, in a unanimous opinion in the Samsung Electronics Co. v. Apple Inc. case, that the US statute for damage awards in design patent disputes, 35 USC 289, allows for damages to be applied at the component level, rather than only being available for a product …

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National Groups

The 2017 AIPPI China Youth IP Spring Seminar

by (Richard) Yi Li (Secretary General of AIPPI China)

The 2017 AIPPI China Youth IP Spring Seminar was held in Zhangjiakou, a city 250 km north of Beijing and a venue for the 2022 Winter Olympic Games, on March 17-18, 2017 with traditional sessions in English as before, and sessions in Japanese for the first time. Mr. …

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