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No. 30
May 2013
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International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX |CH-8027 Zurich
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[email protected] | www.aippi.org
 

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Contents
Bureau AIPPI Bureau Meeting in Seattle: April 29-30 & May 1, 2013
The AIPPI Bureau convened for its Spring Meeting recently in Seattle immediately prior to the AIPLA Spring Meeting in order to allow Bureau members to meet and interact with the executive leadership of AIPLA and the AIPPI-US Division of AIPLA. These collaborative Meetings provided a unique opportunity for AIPPI Bureau members to become better acquainted with the AIPLA leadership and activities.
(Article by John Bochnovic, President of AIPPI)

AIPLA Spring Meeting in Seattle May 1-3, 2013
Following the Bureau meeting, a number of Bureau members attended the AIPLA Spring Meeting. This included, as well, attendance at the AIPPI-US Division Meeting which took place on May 1. The AIPLA Spring Meeting had approximately 500 in attendance and provided an extensive CLE program as well as ample occasion for social interaction.
(Article by John Bochnovic, President of AIPPI)

International Baltic Conference in Vilnius
More than 120 delegates from 20 countries attended the Biennial Baltic Conference in Vilnius, Lithuania on April 11-13. Distinguished speakers from different countries reported new developments on IP Laws and practices and representatives from industries brought to the audience their experiences. An impressive location, a friendly ambiance, and a beautiful city, made the Conference a success. Laurent Thibon, Deputy Secretary General, and Renata Righetti, Assistant to the Secretary General, attended the Conference as the Bureau’s representatives.
(Article by Renata Righetti,Assistant Secretary General of AIPPI)

The WIPO Arbitration & Mediation Center, Geneva, has published the results of the International Survey on Dispute Resolution in Technology Transactions. AIPPI actively contributed to the preparation of this Survey.
(Thierry Calame, Reporter General of AIPPI)
AIPPI Forum & ExCo meeting 2013 AIPPI Forum/ExCo 2013 - Register now!
Last 13 days for registering within the early bird fee.

Don't miss the opportunity to register for the Forum/ExCo event in Helsinki, Finland, by 3 June 2013 in order to take advantage of the reduced registration fees.

Registration is open at www.aippi.net.

Download the Preliminary Programme in English or Spanish.

Download the Accomodation & Social Events brochure.

(AIPPI General Secretariat)

Sponsorship opportunity at AIPPI Forum & ExCo meeting 2013 in Helsinki, Finland
Take advantage of this unique opportunity to reach a wide audience and become a sponsor, an exhibitor or a media partner for this event. We expect to welcome more than 600 participants from all over the world, having their area of practice in all fields of intellectual property.
(AIPPI General Secretariat)

Synagogues in Helsinki
Jewish AIPPI members planning to participate in the Forum/ExCo in Helsinki will be able to attend their religious services at the Helsinki synagogue which is located in the city centre and within 15-20 minutes walking distance from our selected hotels.
(AIPPI General Secretariat)
Forthcoming Events June 2013:  26-28 June 2013
AIPPI AIPLA FICPI PRIVILEGE COLLOQUIUM IN PARIS
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Register now - few places left

The Protection of Confidentiality of IP advice is being debated in various fora, including WIPO and as a part of the implementation of the new UPC in Europe. AIPPI, AIPLA and FICPI have joined forces to organize a Colloquium in Paris to assist the governments in developing international solutions. Speakers include Judge Timothy B. Dyk of the US Court of Appeals for the Federal Circuit; Professor John Cross of the University of Louisville; governmental representatives from Australia, Germany, Japan, Switzerland, and the USA; and Kevin Mooney, Chair of the Drafting Committee of the UPC Rules of Procedure. The Colloquium has to date been by invitation only, but registration has now been opened to all members of the organizing NGOs to fill the few remaining places on a first-come, first-serve basis.
(AIPPI General Secretariat)

June 2013:  PCT at the EPO
Conference for patent professionals and industry, 13 June 2013 – EPO Munich, Germany
The EPO is organising an in-house training event for patent attorneys and IP professionals from industry in Europe and elsewhere interested in filing and prosecuting PCT applications with the EPO.

The event will consist of eight sessions which will give participants the opportunity to get first-hand information and experience from experts on important aspects of filing and processing PCT applications with the EPO in all its capacities under the PCT. EPO experts and experienced patent attorneys will lead the sessions. Furthermore, experts from other major patent offices (USPTO, JPO, SIPO) and patent attorneys experienced in the respective procedures will run sessions on specific aspects of entry into their national phases. The EPO will introduce and give details of proposed new services such as supplementary international search, the second written opinion in the Chapter II procedure, and utilisation of PCT work in the PCT–PPH framework. The event will conclude with a panel discussion on key developments in the PCT, followed by a cocktail reception and a networking dinner to celebrate the 35th anniversary of the PCT. More information can be found on the website of the European Patent Office under http://www.epo.org/pct-conference
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(European Patent Academy)

June 2013:  ECTA 32nd Annual Conference
Plan to attend the ECTA 32nd Annual Conference, 19-22 June, 2013 in JW Marriott Grand Hotel, Bucharest, Romania.

Full details are available here: http://www.ecta.org/events/
.
(ECTA)

June 2013:  Tomorrow, the Unitary Patent and the Unified Jurisdiction of Patents: what strategies should be considered?
The French Group of AIPPI has the pleasure of inviting you to its open afternoon, which will take place on Wednesday, 26 June 2013, from 2:00pm, at the Cercle National des Armées, 8 place Saint Augustin,75008, Paris.

Full details are available here
.
(French Group of AIPPI)

August 2013:  ABPI XXXIII International Congress on Intellectual Property
On the subject of Intellectual Property and the Knowledge Society in the New Economy, the XXXIII International Congress of ABPI, the largest IP Association in Brazil and one of the most important in Latin America, will take place in Rio de Janeiro, 18-20 August at Windsor Barra Hotel.

Full details are available here: http://www.abpi.org.br/congresso/defaulteng.asp
.
(Brazilian Group of AIPPI)

2013:  2013 Israeli Group of AIPPI
The Israeli National Group of AIPPI, in collaboration with the Faculty of Law at Tel-Aviv University, is happy to announce the forthcoming international conference on Intellectual Property, to be held in Tel-Aviv, Israel, later this year. More information will follow soon.
(Israeli Group of AIPPI)

February 2014: Commemoration of the 50th Anniversary of the Spanish Group of AIPPI
On May 7 1963, the Spanish Group of AIPPI was established. Since then, it has become a respected voice, influencing significantly the landscape of industrial property.

To commemorate this anniversary, the Board of Directors of the Spanish Group, agreed to issue a commemorative book with studies on intellectual property, as a tribute to the production of high quality literature that has characterized the Association over the past 50 years.

Moreover, some social events will be organized to celebrate the 50th anniversary during the next General Assembly and Congress in February 2014 in Barcelona.

(Spanish Group of AIPPI)
Articles and notes India: Indian Supreme Court rejects Novartis crystalline form patent
The Supreme Court of India has rejected Novartis' patent application for the beta crystalline form of Imatinib Mesylate, on the ground of non-patentability under Section 3(d) and lack of inventive step. A new form of a known substance which does not result in enhancement of the known efficacy of that substance is not patentable. The Court held that Imatinib Mesylate was disclosed in the prior art, and, therefore, a “known substance”. The new beta crystalline form was not demonstrated to have any enhanced therapeutic efficacy over the known substance.
(Article by Sudhir d. Ahuja, D. P. AHUJA & CO., Calcutta, India)

Poland: Whatever happened to Polish support for Unified Patent Package
Poland is one of only two EU countries which did not sign the international agreement on the Unitary Patent Court. This is the result of an intense domestic discussion as to possible negative impact of the unitary patent system in the EU on the Polish economy. The Polish National AIPPI Group actively participated in this discussion.
(Article by Marek Łazewski, Secretary of Polish National Group of AIPPI)

Switzerland: Swiss Moral Rights permit owner to destroy but not modify house: a recent decision of a Swiss state court
A few months ago, a Swiss state court prohibited the modification of a property by its owner, on the grounds that the proposed modification would have affected the architect's moral right. This revisits a classic issue : the architects' right to the integrity of their work.
(Article by Thomas Widmer, LALIVE, Geneva, Switzerland)

Thailand: Concurrent Registration of Similar Marks in Thailand
A recent and very important decision of the Thai Supreme Court (Matsuda & Co. v. Department of Intellectual Property and Valentino S.p.A.) has reviewed the law surrounding trademark registration and the potential conflict with prior-registered marks in Thailand. This article provides valuable insight into the effects of this decision and guidance to brand owners on what they need to know to register their trademarks.
(Article by Srila Thongklang and Parichart Monaiyakul, Tilleke & Gibbins, Bangkok, Thailand)

The Netherlands: New electronic tools from the European Patent Office: Mailbox and MyFiles
In the attached article, the European Patent Office announces the launch of two electronic tools, Mailbox and MyFiles. The article provides detailed information on these new tools, which allow enhanced electronic communication between the EPO and the users community. These tools also empower applicants, thereby making the procedures they are required to follow more transparent. In a nutshell these tools offer the following benefits to the users: security; quality and transparency; access to unpublished files; electronic mail; and, self service features.
(Article by M.T. Grau Canet and L. Brockhuis-Kuurstra, European Patent Office, The Hague — Rijswijk, The Netherlands)

United Kingdom: Copyright infringement & the Internet
The UK Supreme Court decides that the Directive on harmonisation of copyright in the information society (Article 5(1), 2001/29/EC) excludes from infringement, copying purely as a consequence of viewing material on the internet. Unusually, it has sought guidance from the CJ(EU) because the application of copyright law to internet use has important implications for many people across the EU.
(Article by Trevor Cook, Bird & Bird, London, United Kingdom)

United States of America: U.S. Supreme Court Holds “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad
The “first sale” doctrine, codified in Section 109 of the U.S. Copyright Act, permits the owner of a lawfully acquired copy of a copyrighted work to sell it without the copyright owner's permission, regardless of whether the copy was made in the United States or another country. In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court rejected any geographical restriction upon the “first sale” doctrine, relying on the language of the Copyright Act, Congressional intent, the common law, and policy considerations.
(Article by Seth I. Appel, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois, United States of America)
National Groups Australian Group hears about Unitary Patent System
AIPPI Australia and IPSANZ (Intellectual Property Society of Australia and New Zealand) teamed up to co-host another successful set of presentations in April 2013.

Peter Finnie of Gill Jennings & Every LLP kindly accepted AIPPI Australia's invitation to speak on the Unitary Patent System, due to be introduced next year. The Unitary Patent and the Unified Patent Court are heralded as bringing greater efficiencies and cost reduction to the patents system in Europe. However, Peter's analysis suggested the contrary may in fact be the case. Procedural complexities and variance in the level of adoption of the entire unitary patent system will present a Pandora's box for strategic management of patent portfolios if the system comes into force. The job of IP practitioners providing clear and succinct advice to clients is likely to become considerably more difficult if the system is implemented. Peter's talk was enjoyed by audiences in both Sydney on 15 April 2013 and Melbourne on 23 April 2013.

AIPPI Australia extends its thanks for the efforts of IPSANZ in helping to promote and organise the functions and to Allens for providing the venues.

(Australian Group of AIPPI)
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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 and the Communications Committee:
Chair:Charters Macdonald-Brown
Members:Johnny Fiandeiro
Kristian Fredrikson
Klaus Haft
Bernardo Herrerias
Jehyun Kim
Emmanuel Larere
Bianca Manuela Gutierrez
Bill Mayo
Petri Rinkinen
Robert Sacoff
Ana de Sampaio
Matthew Swinn

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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