No. 24
May 2012
  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 ASEAN IPA Annual Conference, Bali, Indonesia
The 2012 ASEAN IPA Annual Conference was held from March 16 to 18, 2012 in Bali, Indonesia. Among 10 member countries, 7 of them, except for Brunei, Cambodia, and Laos, were represented. There were over 100 participants in attendance, including IP professionals from Non Member countries such as Japan, China, Hong Kong and India. The Conference demonstrated that the members of ASEAN IPA share a global view that there is a continuing need to increase the number of countries that cooperate in the establishment of harmonized IP development on a regional basis.
(Article by Yoon Bae Kim, President of AIPPI)

AIPPI Strategy Project – Update
AIPPI has launched a new Strategy Project with a goal of developing strategies that will support the objectives of our Association and, when implemented, will satisfy the needs and interests of AIPPI´s members and be attractive to non-members. The team at Robin Rolfe Resources Inc. has been retained to manage this project and has been consulting with Bureau members and representatives of the Membership and the Communications Committee to develop a plan. A key component is to identify the current and future needs of existing and potential new members alike. To this end, very shortly a survey will be conducted of all members of AIPPI and selected non-members. Your contribution of valuable information at this time by participating in that survey will be very important to this Project and to the future of AIPPI.
(Article by John Bochnovic, Vice President of AIPPI)

A Bureau delegation visits the Japanese Group
Responding to an invitation from the Japanese Group, a delegation of the Bureau of AIPPI, including President, Yoon Bae Kim, Vice-President, John Bochnovic, Deputy Secretary General, Laurent Thibon and Assistant to the Reporter General, Kazuhiko Yoshida, traveled to Tokyo for meetings on Monday April 23, 2012. This day was dedicated to meetings with local GO/NGOs and to a Seminar at the Japanese Group of AIPPI.
(Article by Laurent Thibon, Deputy Secretary General of AIPPI)

An AIPPI delegation visits WIPO
On March 6, 2012, a delegation of AIPPI representatives attended a meeting hosted by Francis Gurry, Director General of WIPO. This delegation included Stephan Freischem, Secretary General, Thierry Calame, Reporter General, Gunnar Baumgäsrtel, Treasurer General, Laurent Thibon, Deputy Secretary General, and Charles Gielen, Chairman of the Programme Committee. Seven members of WIPO reported on the activities of their respective sectors and their expectations for 2012. Thierry Calame presented to WIPO the new AIPPI Committees.
(Article by Laurent Thibon, Deputy Secretary General of AIPPI)

ASIPI Seminar in Antigua, Guatemala, 17 -19 March, 2012
The exciting 3 day seminar organized by ASIPI concentrated on the subject of unfair competition. The speakers included professors and industry speakers. Out of the 250 participants, 45 were from Guatemala, 35 from the Central America Caribbean area and the rest from South America. Our assistant to the Secretary General reports the following on the activity that took place.
(Article by Sergio M. Ellmann, Assistant Secretary General of AIPPI)
AIPPI Congress 2012 AIPPI 43rd World Intellectual Property Congress, 20-24 October, 2012, Seoul, Korea
Don´t miss the opportunity to register for the Seoul Congress and save money. Register by 21st June 2012 and get the reduced registration fee. More information on www.aippi.net.

Click here to download the preliminary programme

(AIPPI General Secretariat)

Sponsorship opportunity at AIPPI Congress in Seoul, Korea
Our forthcoming international Congress will take place in Seoul, Korea and we expect to welcome more than 2000 participants from all over the world, having their area of practice in all fields of intellectual property. Take advantage of this unique opportunity to reach a wide audience and become a sponsor, an exhibitor or even a media partner for this event.
(AIPPI General Secretariat)
Forthcoming Events AIPPI Seminar in the Dominican Republic, 15-16 June, 2012
At the initiative of AIPPI and through Sergio Ellmann, Assistant to the Secretariat General, a Seminar will be held on June 15 and 16, 2012 in Santo Domingo, Dominican Republic. The organizing committee comprises a team of members of AIPPI from the Central American region, including Edy Guadalupe Portal (El Salvador), Christian de Lespinasse (Haiti), Aaron Montero (Costa Rica), Emil Arguelles (Belize) and Luis Guinard (Panama), with AIPPI friends of the region, including Wallis Pons Cardí (Dominicana), Analucia Carrillo (Guatemala), Ricardo Mejias (Honduras), Julian Bendaña (Nicaragua) and Ricardo Antequera (Venezuela).

The Seminar will be held at the Hilton hotel of Santo Domingo. The Programme for this Seminar will deal with Patent and Trademark Office Best Practices, Border Measures, Compliance with IP aspects in International Agreements (CARICOM, CAFTA, PCT), and Protection of Designs and Industrial Models.

This Seminar will be followed the day after by a meeting of local members with the Secretariat General Team for evaluating the opportunity of creating a new Group within AIPPI for this region.

Please check carefully your mailboxes: an email will soon arrive announcing the opening of registration.

(Laurent Thibon, Deputy Secretary General of AIPPI)

AIPPI Turkey´s 2nd IP Law Seminar on 28-29 June, 2012
AIPPI Turkey´s 2nd IP Law Seminar on 28 and 29 of June 2012, will be held in Istanbul at The Marmara Hotel. This year’s themes are “From a Turkish and International Perspective Infringements of IP Rights on the Internet - Protective Measures at Customs - Patent Mock Trial - Mock WIPO Case-UDRP Arbitration on Domain Name Disputes”. The two main items addressed at this year´s seminar are “Infringements of IP Right on the Internet” and “Protective Measures at Customs”. The programme includes presentations relating to these two topics and two mock trials. One of the trials will concern a WIPO Case-UDRP Arbitration Procedure on Domain Name Disputes, and the other will concern issues related to patent law.

You can download the programme brochure, view the invitation and register online when you click the corresponding link. (http://www.aippiturkey.org/aippi_2012/en/katilim.php).

(Turkish Group of AIPPI)
National Groups Forthcoming speaking event in London
Forthcoming speaking event in London: The UK launched a “Consultation on standardised packaging of tobacco products” on 16 April 2012. This has prompted the UK Group of AIPPI to hold a speaking event, “Plain Packaging: are trade marks under attack?” in London on Tuesday 29 May 2012, 5.30pm for 6.00pm at the offices of Edwards Wildman (66 Old Broad Street, London, EC2M 1QS). The speakers will be Christopher Morcom Q.C. (Hogarth Chambers) and Professor Spyros Maniatis (Director of the Centre for Commercial Law Studies, QMUL). Both speakers are well known and highly regarded commentators in the trade mark field and have agreed to lead the discussion on this important issue.

If you would like to attend this event, whether you are a member of AIPPI or not, please register at: http://www.aippi.org.uk/plainpackaging.

(Article by UK Group of AIPPI)
Articles and notes Patentability of Business Methods in Canada
Very few decisions have been rendered on the patentability of business methods and software-implemented innovations in Canada. Accordingly, the recent issuance of a Canadian patent to Amazon.com, Inc. following a late 2011 Federal Court of Appeal decision is of prime importance for anyone interested in software method and system claims. The request for public comments on the Canadian Intellectual Property Office practices on the enlarged topic of statutory subject-matter, inventive concept and claims to diagnostic methods and medical uses shows the major impact of this decision in Canada.
(Article by Isabelle Chabot, Fasken Martineau, Québec, Canada)

New Trademark Law in Greece
The new Greek Trademark Law 4072/2012 will be applicable from 11 October 2012. Apart from codifying various provisions governing the protection of IRs and CTMs, the new law aims to accelerate the examination and registration procedure and to transpose into national law the EU Directive 2004/48 for the enforcement of IPRs.
(Article by Nikolaos Lyberis, Vayanos Kostopoulos, Athens, Greece)

“FAIR” ending for pc exhibition organizers?
As consumer electronics giants Samsung and Apple engage in a global battle over infringement of each other´s computer tablet and smartphone patent portfolios, two Malaysian organizers of exhibitions for computer ware have engaged in a legal battle over the selection and use of a name for the trade fairs.
(Article by Geetha K., KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

Notification of Thai Department of Intellectual Property Requesting Acceptance of Substantive Examination Reports of ASEAN Members´ Patent Offices
The Department of Intellectual Property (the “DIP”) recently issued a Notification advising that the DIP is prepared to accept substantive examination reports of ASEAN Members’ Patent Offices.

This Notification was issued under the ASEAN Patent Search and Examination Cooperation (ASPEC) Project to assist in expediting the patent examination process; reducing the backlog of patent applications; and, exchanging substantive examination reports among ASEAN members.

Under the new procedure, an applicant can submit a request together with all supporting documents to the DIP to accept an examination report from an ASEAN patent office.

The DIP believes that this cooperation project among ASEAN members will expedite Thai patent examination process and reduce the backlog of patent applications.

(Article by Panisa Suwanmatajarn and Daniel Q. Greif, Siam Premier International Law Office Limited, Bangkok, Thailand)

JACMOLI meets YTL
Mention jewelry and what might come to mind is the famous song belted out by Marilyn Monroe in the 1953 movie “Gentlemen Prefer Blondes”:

“A kiss on the hand can be quite continental...But diamonds are a girl´s best friend”

Indeed – it´s all about the sparkle, shape and size. Though, let´s face it, in this day and age, men seem to be equally enthralled with jewelry. Clearly jewelry, especially designer jewelry, has become such a fashion statement that many creators of designer jewelry are keen to protect the IP that subsists within them. From their design to the copyright and trademark, owners have taken the liberty to ensure that they own the exclusive rights to which they are entitled.

(Article by Lydia Priya Rhanakumar, KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

UK Government proposal for PLAIN PACKAGING of tobacco products - Consultation
Standardisation of packaging for tobacco products. On 16 April 2012, the UK Government published a Consultation document which seeks views from the public on its proposal to standardise packaging for tobacco products. See: http://www.dh.gov.uk/health/2012/04/tobacco-packaging-consultation/. The Consultation period expires on 10 July 2012. Whilst this particular debate relates specifically to tobacco products, there is an underlying issue of considerable importance for trade mark owners generally. Trade marks are property rights: should governments be able to take such rights away when the products to which they are applied (e.g. tobacco) remain legal products? This debate is likely to become global; Australia has already decided to introduce such measures. Who next and for what other products where there might be a health issue which is different or less clear? AIPPI has already submitted a position paper to the EU Commission as a response to the public consultation on the possible revision of the TOBACCO PRODUCTS DIRECTIVE 2001/37/EC in December 2010 and will continue to comment on such initiatives. The AIPPI UK Group is organising a speaking event in London to discuss these issues at the end of May 2012. For more information see: http://www.aippi.org.uk/plainpackaging
(Article by UK Group of AIPPI)

The Subway way
Gone are the days where the word “Subway” only brought to mind visions of underground trains. Nowadays, more often than not, our thoughts are filled with tantalising images of fresh, tasty and succulent sandwiches, and... clothing? Well, IPOS surely thinks so!

In this case, the proprietor of Prosperous Enterprise, who was in the business of selling women´s apparel, had registered the mark “SUBWAY” in Class 25, for clothing. In 2005, it forgot to renew the registration of its mark, causing the registration to subsequently lapse. Upon realizing this, the Applicant sought to re-register the trademark in 2007, but once the application was published, Doctor’s Associates Inc, proprietor of restaurants selling sandwiches and other food and drinks around the world and owner of the famous “SUBWAY” trademark in a multitude of classes, wasted no time in opposing the application.

(Article by Annette Wong, KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

Copyright: Is a working committee on fair use better than the permitted uses and exceptions to copyright protection under UK law? Two differing views from UK lawyers...
This is a short debate between two lawyers on a proposition concerning UK copyright and its exceptions and whether it might be preferable to have a committee with powers of continuous review to decide examples of where fair use was permissible.
(Article by Arthur Artinian and Ashley Roughton, Freshfields Bruckhaus Deringer LLP and Hogarth Chambers, London, United Kingdom )

WHAT´S ALL THE NOISE ABOUT? Sounds Marks in Canada
The Canadian Trade-marks Office now allows for filing of sound marks. The change in practice comes after a 20 year refusal to register MGM LION´S ROAR Sound Mark. However, certain requirements will still need to be met and these types of marks may remain difficult to register and protect.
(Article by Tracy Corneau, Borden Ladner Gervais LLP, Ottawa, Canada)

US Supreme Court Decision on Patentable Subject Matter: Mayo Collaborative Services v. Prometheus Labs., Inc.
  • Report on Supreme Court Judgement
    In order for a process employing a law of nature to be patentable, the process steps must transform the law of nature into an inventive application. If the steps themselves are nothing more than routine, conventional steps readily known by those in the field, then the process itself is not inventive and therefore not patentable.
    (Article by Anne L. St. Martin, Oblon, Spivak, McClelland, Maier & Neustadt, LLP, Alexandria, United States)

  • US Supreme Court Cites AIPPI Brief in Medical Patent Case
    Recently, the U.S. Supreme Court noted AIPPI as an authority on international IP law, citing the Summary Report of Question Q202 while addressing policy considerations concerning patent eligibility of methods of medical treatment. In September 2011, the U.S. National Group filed an AIPPI amicus curiae brief in Mayo v. Prometheus (following precedent set in the famous Bilski case, in which an AIPPI amicus brief also was filed). AIPPI provided the Court with a global perspective on the issue of patent eligibility for methods of medical treatment of patients, and a commentary on the effectiveness and impact of the current U.S. statutory scheme affecting this issue. The Court held that Prometheus´ patent relating to a medical assay/treatment method claimed a “law of nature” and was thus ineligible for patenting under U.S. Patent Law.
    (Article by Peter C. Schechter, Edwards Wildman Palmer LLP, New York, United States)
Feedback Thank you for helping us to keep our records up to date
Dear members of AIPPI, In order to keep our records up to date, and to enable your colleague members of AIPPI to access the most current and correct contact details about you in the online members database, please make sure to inform the board of your respective national group of any changes in your address or other contact information. Independent members of AIPPI are kindly requested to send any changes in their contact details directly to the AIPPI General Secretariat at [email protected] The timely announcement of any modifications in contact information not only enables us to keep your records up to date and to provide you with correspondence relevant to AIPPI matters, but also gives you the opportunity to register for the international AIPPI meetings faster and with less administrative efforts.

The national and international bodies of AIPPI thank you in advance for your cooperation and assistance in this matter.

(AIPPI General Secretariat)

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The e-News is a bimonthly electronic publication of AIPPI, 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

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:Raffaella Arista
Johnny Fiandeiro
Kristian Fredrikson
Carolyn Harris
Klaus Haft
Alan J. Kasper
Jehyun Kim
Emmanuel Larere
Martin Michaus
Bill Mayo
Gaston Richelet
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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