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No. 25
July 2012
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Contents
AIPPI Committees Special Committee “Copyright” (Q226) starts work
Copyright is everywhere. In every song you listen to, every film you watch, in every computer, in the school books of our children, and even in this article. In the digital environment, copyright affects everybody every day and no longer only the cultural industry. In highly debated Q216 and Q216A, AIPPI studied current “hot” copyright topics in Paris and Hyderabad. But AIPPI has done more: It has set up the new special committee “Copyright – droit d'auteur – Urheberrecht” in 2011. Now, the Committee has taken up its work.
(Article by Jan Bernd Nordemann, Chair of the Special Committee “Copyright” Q226)
AIPPI Congress 2012 AIPPI 43rd World Intellectual Property Congress, 20-23 October, 2012, Seoul, Korea
More than 1,100 participants from 70 countries have already registered. Speakers from WIPO, KIPO, EPO, SIPO, USPTO and leading IP courts have already confirmed their participation. Don't miss this opportunity to join the AIPPI community during its unforgettable international event in Seoul. 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 World Congress will take place in Seoul, Korea and we expect to welcome more than 2000 participants from all over the world, and from 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)

AIPPI Congress News
AIPPI is pleased to be working once again with Managing IP to publish The AIPPI Congress News - the dedicated daily newspaper for the 43rd World IP Congress being held in Seoul from October 20-23 2012.
(AIPPI General Secretariat and Managing IP)
Forthcoming Events GRUR Annual Meeting
Traditionally, the German Association for the Protection of Intellectual Property (GRUR) and AIPPI's largest European Group conduct their Annual General Meetings during the GRUR Annual Meeting. GRUR's Annual Meeting is the most popular and constant German IP event, bringing together over 700 German and international IP experts from the courts, governments, industry and private practice. The event covers all areas of intellectual property with particular focus on scientific, in-depth discussions of topical IP-related issues.

Frankfurt am Main, Germany, 26 to 29 September 2012

(GRUR)

2013 Israeli Group of AIPPI
The Israeli National Group of the International Association for the Protection of Intellectual Property (AIPPI), in collaboration with the Faculty of Law at the Tel-Aviv University, is happy to announce the forthcoming international conference on Intellectual Property, to be held in Tel-Aviv, Israel between March 19 and 21, 2013
(Israeli Group of AIPPI)
Articles and notes A new international copyright agreement - the Beijing Treaty on Audiovisual performance
On June 26th 2012 in Beijing, China, a new Treaty for the protection of actors and other audiovisual performers in the audiovisual sector was signed by the World Intellectual Property Organisation (WIPO) member states. Granting film actors and other performers a high level of protection, the new international agreement will enhance both the economic and moral rights of performers. This is also the first international Treaty written by the WIPO member states in the last 16 years. In 1996, the WIPO Copyright Treaty and the WIPO Performances and Phonogram Treaty were adopted.
(Article by Sanna Wolk, Co-chair of the Special Committee “Copyright” Q226)

The Unified Patent Court in the EU: latest developments
Following a meeting on 29 June 2012, the European Council published certain conclusions (EUCO 76/12) it had reached regarding the proposed Unified Patent Court including its location (Central Division in Paris with specialist sections in London and Munich) and suggested deletion of controversial Articles 6 to 8 of the proposed Unitary Patent Regulation. On 2 July 2012, the European Parliament postponed its scrutiny of a draft EU patent law, in a surprise vote prompted by what was perceived to be a last-minute wish by the European Council to delete key provisions (European Parliament press release 2 July 2012).
(Article by Ashley Roughton, UK National Group Reporter, Hogarth Chambers, Lincoln's Inn, London, United Kingdom)

Website blackout against unfair e-commerce
On March 6, 2012, the Italian Antitrust Authority ordered the blackout of twelve e-commerce websites of a French online fashion shop accused of unfair commercial practices and infringement of consumers' rights in violation of Italian law. In order to avoid new transgressions, access to the websites from Italy was totally blocked for about two weeks until the proscription was reversed.

The interim measure delivered by the Antitrust Authority has no precedent in the Italian legal landscape and constituted a great milestone in the protection of online purchasers.

(Article by Barbara Sartori and Anna Bonan, CBA Studio Legale e Tributario, Padova, Italy)

Eurocopter v. Bell Helicopter – Developments on Two Fronts: Punitive Damages and Utility
A recent decision of the Federal Court of Canada raises two points of interest. It is the first case in Canada where the requirements for establishing utility developed in the context of pharmaceutical cases have been applied to the mechanical arts. In addition, the Court awarded punitive damages. While not unheard of, punitive damages are rarely awarded in patent cases.
(Article by Bruce Morgan, Gowling Lafleur Henderson, Ottawa, Canada)

Argentina - New guidelines for examining chemical-pharmaceutical patent applications
The Argentine Patent Office, together with the Ministry of Health and the Ministry of Industry, recently issued new guidelines for examining chemical-pharmaceutical patent applications.

These new guidelines severely restrict the patentability of the so-called incremental innovations (polymorphs, enantiomers, compositions, formulations, dosage regimens, second uses, etc.) limiting the patentable subject matter almost only to compounds.

The new guidelines have already been challenged by the pharmaceutical association of R&D laboratories (CAEMe).

(Article by Ignacio Sánchez Echagüe, Marval, O'Farrell & Mairal, Buenos Aires, Argentina)

Software Copyright: The judgment of the European Court of Justice of 2 May 2012 in SAS Institute Inc. v World Programming Ltd.
Judgment of the Court of Justice of the European Union in Case C-406/10 (SAS Institute Inc. v World Programming Ltd) – Scope of copyright protection of a computer program.

The Court of Justice of the European Union clarified the scope of copyright protection for computer programs and held that, essentially, it does not go beyond the protection of the source or object code and of any preparatory design work. Considering the importance of technological progress and industrial development, the Court of Justice found that the functionality of a computer program and the programming language and format of data files used in a computer program to exploit its function cannot be subject to copyright protection pursuant to the European Directive 91/250.

(Article by Karolina Schöler, HARTE-BAVENDAMM Rechtsanwälte, Hamburg, Germany)

Bard Peripheral Vascular Inc. v. Gore & Associates Inc., 977 F.2d 558 (2012)
Under a recent US court decision, objective determination of recklessness is a question of law to be decided by the judge subject to de novo review.
(Article by Marina V. Zalevsky,Sughrue Mion, PLLC, Washington, United States)

FRAND and injunctive relief
The availability of injunctive relief for standard essential patents (SEP) and, more particularly, the requirements for a FRAND and/or antitrust defence against a claim for an injunction in patent infringement proceedings is one of the hottest debated topics of the last years and has been the subject of recent developments. The following article illumines the situation in Germany and The Netherlands, which are the two jurisdictions that have so far been setting the scene on this issue in Europe. A more detailed overview, including views from the U.S., Asia, and Europe, will be provided at a workshop on “Standards essential patents, FRAND terms and injunctive relief” on 22 October 2012 in Seoul at the AIPPI Congress. More information on this workshop is available at: https://www.aippi.org/?sel=congressreg&cf=statWorkshops
(Article by Michael Fröhlich, Research In Motion, Munich, Germany and Gertjan Kuipers, De Brauw Blackstone Westbroek, Amsterdam, The Netherlands)
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(AIPPI General Secretariat)

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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: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

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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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