No. 21
November 2011
  International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX |CH-8027 Zurich
Tel. 44 280 58 80 | Fax 44 280 58 85
[email protected] | www.aippi.org
 

 “Download printable fulltext version here.”
Contents
AIPPI Bureau Survey related to America Invents Act
The United States Congress passed the America Invents Act into law on September 16, 2011. During the ExCo Session II in Hyderabad, Deputy Director of the USPTO, Teresa Stanek Rea, invited AIPPI to provide any comments we may have to help the USPTO in the rulemaking process to implement the America Invents Act.
(AIPPI General Secretariat)
AIPPI Forum & ExCo 2011 AIPPI Forum & ExCo meeting 2011
The AIPPI Forum and ExCo 2011 was held from October 13-18 in the historical city of Hyderabad, in India's southern State of Andhra Pradesh. The meeting was attended by 730 delegates from approximately 67 countries. The workshops covered topics including Protection of New Medical Usage and Exception for Medical Treatment in Patent Law, Securing Patent Protection for Therapeutic Antibodies, Madrid Protocol, Software Protection Strategies, Border Measures and Goods in Transit, Patentability Criteria - Inventive Steps and Non-obviousness, etc. Working Committee meetings discussed in depth the resolutions pertaining to copyright protection exceptions, inventive step as patentability criterion, the genuine use requirement for trademarks and the availability of injunctions for IPR infringement.
(Article by Binny Kalra and Ajay Rao, Anand and Anand, New Delhi, India)

Resolutions adopted in Hyderabad
The working programme for the 2011 Forum/ExCO in Hyderabad last month comprised four questions. The first question Q216B dealt with exceptions to copyright protection and the permitted uses of copyright works in the hi-tech and digital sectors which had already been subject of a Resolution adopted at the 2010 Paris Congress. The second question Q217 examined the patentability criterion of inventive step/non-obviousness, following up on question Q213 which had considered the role of the skilled person in the context of the inventive step requirement at the 2010 Paris Congress. The other two questions concerned issues which AIPPI had not recently studied: the genuine use requirement in trademark law and injunctions in cases of infringement of IPRs. With each of the four questions, the Executive Committee in Hyderabad was able to adopt a Resolution each of which provides important guidance for further harmonization of the law. The full texts of the adopted Resolutions are available on our website. The Resolutions will now be disseminated by the Bureau and the National Groups to the relevant authorities and bodies so that they can make use of them.
(Report by Thierry Calame, Reporter General of AIPPI)

Hyderabad Forum Workshops: Presentations are now available online
The Hyderabad Forum offered twelve successful Workshops over two days covering a wide array of hot topics in intellectual property law, including software protection, social networks, border measures and goods in transit, inventorship for multinational inventions, geographical indications, and indigenous rights, among other things. Building on the success of the Pharma Day at the 2010 World Congress in Paris, four out of the twelve Workshops were again special Pharma Workshops dedicated to topical issues in the pharmaceutical industry such as protection of new medical uses and therapeutic antibodies, patent linkage and experimental data to support patentability of biological pharmaceuticals. A description of the Forum Workshops, the speakers and all of the presentations of the Workshops are available here.
(AIPPI General Secretariat)

Special Committee Reports and Presentations are available online
The Special Committee Reports which had been sent to the Reporter General prior to the Hyderabad Forum/ExCo meeting were made available to the participants in the Executive Committee Session I. In addition, Special Committees Q114 (Biotechnology), Q198 (Climate Change), Q212 (Trademarks), Q222 (Standards and Patents) and Q227 (Design) made oral presentations in the ExCo Session I. All Special Committee Reports and Presentations are available here.
(AIPPI General Secretariat)

Pictures of the AIPPI Forum & ExCo meeting 2011
Have a look at the pictures online
(AIPPI General Secretariat)

Your opinion is important to us
Give us your feedback on the latest AIPPI Forum & ExCo meeting 2011
(AIPPI General Secretariat)
AIPPI Committees Submissions of Special Committee Q199 to WIPO in relation to CAP are available online
On November 1, 2011 the Special Committee Q199 (Privilege Task Force) made further submissions to WIPO urging the SCP to agree to mandate WIPO to study and report on potential remedies to solve the problems of protecting clients' intellectual property professional advice from forcible disclosure (CAP). The latest Q199 Submissions to WIPO, together with AIPPI Submissions to WIPO of May 4, 2011 and February 28, 2011, will also be sent by the respective AIPPI representative of each of the National and Regional Groups to the government of each country in which AIPPI has representation, in advance of the SCP 17 meeting in Geneva, December 4-9, 2011. All three Q199 Submissions to WIPO are available here.
(AIPPI General Secretariat)
Forthcoming Events AIPPI 2012 China/Asia IP Seminar, April 11-12, 2012, Beijing, China
The Chinese National Group, in co-operation with the Bureau of AIPPI, is pleased to invite you to the 2012 China/Asia IP Seminar in Beijing, China on April 11-12, 2012.

Two mock trials addressing one patent case and one trademark case will be conducted by national and international IP judges. Additional presentations of IP experts from around the world will address topical IP issues.

(AIPPI General Secretariat)

AIPPI 43rd World Intellectual Property Congress, October 20-24, 2012, Seoul, Korea
The next AIPPI world Congress will take place in less than one year. Don´t miss the opportunity to take part in one of the most important IP event in 2012
(AIPPI General Secretariat)
National Groups Spotlight feature this month is on the U.S. National Group
The U.S. National Group has an active and involved membership of about 300 persons. Most U.S. members are lawyers practicing in the intellectual property field, and many of the U.S. lawyer-members are registered patent attorneys. Some U.S. members focus their practice in intellectual property litigation, while others focus in patent, trademark or copyright prosecution or transactional practice. While most members are in private practice, the U.S. Gational Group includes some corporate members and is actively focusing on growing the number of corporate members, recognizing that many of the studies conducted by AIPPI can benefit from direct user input. All U.S. members have an interest in intellectual property, which is the primary qualification required for membership.
(Article by Richard Beem, Beem Patent Law Firm, Chicago, USA and Joshua Goldberg, The Nath Law Group, Alexandria, USA)

SPCs for combination products - where will we end up? UK Group debates SPCs at a meeting on 13 September 2011
A series of recent cases has referred a number of important questions regarding the validity of SPCs (quasi term extensions for pharmaceutical patents) in the context of combination products to the Court of Justice (“CJEU”). In the first case of this series, Medeva (Case C-322/10) (to which the case of Georgetown (Case C-422/10 was subsequently joined), the Advocate General recently delivered an opinion which has stirred up much debate. The UK Group of AIPPI arranged an evening meeting in London to discuss the treatment of combination products within the SPC framework, taking into account the guidance provided by the Advocate General.
(Article by Duncan Ribbons, Redd Solicitors LLP, London, United Kingdom)
GOs & NGOs FICPI Korea Symposium, December 1-2, 2011, Seoul, Korea
Following FICPI's success with the Symposia in Beijing, Yokohama and Delhi, FICPI continues to offer opportunities to meet professionals from all over the world. This event has been organised together with the Korean national section of FICPI.

PROGRAMME HIGHLIGHTS
  • a panel of experts from Korean industry will debate the IP issues of concern to them today

  • Using a FICPI-designed 'smartphone' as an example, IP specialists from around the world will review:

    • the challenges presented by the change of emphasis from hardware to software;

    • ways to protect user interfaces and user functionality;

    • the future of patent prosecution highways;

    • the protection of the virtual world, including virtual designs;

    • recent trends in patent enforcement, including mediation as an alternative to litigation;

    • the enforcement of trade mark rights against counterfeiters.
The FICPI Korea Symposium has a high educational content, certified by the JPAA for CLE credit, while affording ample time for networking. Please click here to view the advance information flyer. Registration opens soon.

(FICPI)

FICPI World Congress, April 15-21, 2012, Melbourne, Australia
A FICPI World Congress is an excellent opportunity to influence the future direction of intellectual property law worldwide by observing and participating in discussions with leading professionals, the judiciary and IP authorities. An impressive technical programme featuring high profile speakers from around the globe is being developed, along with a social and tours programme showcasing the finest Melbourne has to offer.

For the first time, this Congress will feature parallel streams enabling a choice for you to attend. FICPI intends to seek CLE credit from the JPAA for the Melbourne Congress 2012.

To register your interest in attending, please click here. Further information is available at www.ficpi2012.org.

(FICPI)
Articles and notes Judgment of the Court of Justice of the European Union in Case C-34/10 (Oliver Brüstle v. Greenpeace e.V.)
Judgment of the Court of Justice of the European Union in Case C-34/10 (Oliver Brüstle v Greenpeace e.V.)—Exclusion of “uses of human embryos for industrial or commercial purposes”.

In a landmark ruling, the Court of Justice of the European Union prohibited patents on inventions involving stem cells extracted from human embryos, if the embryos had to be destroyed or were used as base material in the process. Moreover, the Court ruled that the exclusion of patentability also covers the use of human embryos for the purposes of scientific research.

(Article by Karolina Schöler, Harte-Bavendamm, Hamburg, Germany)

Q162 - Community Patent Regulation now. The Unitary Patent Protection.
On 23 June 2011 the Council of the European Union presented a proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of a unitary patent protection.
(Article by Peter-Ulrik Plesner, Plesner law firm, Copenhagen, Denmark)

BUDDHA-BAR mark in breach of Switzerland´s morality
After the IPhone (Case B-6430/2008) and the Madonna (Case 4A_302/2010) cases, another decision sheds light on the restrictive approach adopted by the Swiss courts regarding absolute grounds of exclusion of trademarks.

On December 9, 2010, the Swiss Federal Administrative Court (the “Court”) upheld a decision to refuse the registration of the BUDDHA-BAR Swiss trademark in classes 9 and 41, on the ground that it could hurt the religious feelings of the Swiss Buddhist community (Case B-438/2010).

(Article by Thomas Widmer, LALIVE, Geneva, Switzerland)

The New U.S. Patent Law
After two decades of debate, the U.S. is moving to a first inventor to file system, and will abandon its long standing first to invent standard. A new law called the “America Invents Act” or AIA, was signed into law on September 16, 2011. Some provisions were immediately effective, but most will not become effective for one year to 18 months after signing. Among the notable changes is the introduction of a post grant opposition system, a revised inter partes review system and a supplemental examination system that is intended to reduce the number of claims of inequitable conduct during litigation.
(Article by Joshua Goldberg, United States Group Reporter)

The Pirate Bay case and implications of AIPPI membership for judges
The impartiality of judges comes increasingly into question: is it merely a tactic by parties to prolong hopeless litigation or is there a more serious issue to be considered. Should some global standards be set? In Sweden recently, in the Pirate Bay case, judges´ engagements in copyright related associations did not disqualify them but the case raises interesting issues.
(Article by Jonas Westerberg and Hanna Tilus, Advokatfirman Lindahl KB,Stockholm, Sweden)
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AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX | CH-8027 Zurich | Tel. 44 280 58 80 | Fax 44 280 58 85 | [email protected] | www.aippi.org

This issue was prepared by Ching-Ying Chen, AIPPI General Secretariat
In co-operation with Stephan Freischem, Secretary General of AIPPI

Communications Committee:
Chair:Charters Macdonald-Brown
Members:Alan J. Kasper
Klaus Haft
Jehyun Kim
Kristian Fredrikson
Raffaella Arista
Martin Michaus
Carolyn Harris
Gaston Richelet
Emmanuel Larere
Johnny Fiandeiro
Bill Mayo
Petri Rinkinen

Disclaimer:
While AIPPI makes every effort to be accurate in the information it transmits, such information is not to be considered as substitute for specific and qualified professional advice. AIPPI accepts no responsibility for opinions expressed in interviews or for the information provided through external web links.
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