No. 32
October 2013

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 AIPPI Forum & ExCo meeting 2013
 Forthcoming Events
 Articles and notes
 National and Regional Groups

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AIPPI Forum & ExCo meeting 2013
AIPPI 2013 Helsinki
(Article by John Bochnovic, President of AIPPI)
The AIPPI Forum/ExCo, just concluded in Helsinki, will be recalled for its intense discussion and debate of key contemporary issues such as grace period, plain packaging and the UP/UPC, which led to important decisions and resolutions. Equally, it will be remembered for the extraordinary friendliness of our Finnish hosts and the outstanding evening social activities enjoyed by the more than one thousand participants, in what may be the last Forum/ExCo of AIPPI.
 
Welcome to the Regional Group for Central America and the Caribbean and to the National Group of Uruguay
(Article by Laurent Thibon, Deputy Secretary General of AIPPI)
The Executive Committee of AIPPI recognized two new Groups during the meeting in Helsinki this year: The Regional Group for Central America and the Caribbean, and the National Group of Uruguay. AIPPI now counts 2 Regional Groups and 66 National Groups.
 
Composition of the Bureau and of the Statutory Committees of AIPPI
(Article by Laurent Thibon, Deputy Secretary General of AIPPI)
The composition of the Bureau and of the Statutory Committees after the AIPPI Meeting in Helsinki.
 
Membership Committee report
(AIPPI General Secretariat)
Please see the Membership Committee Annual Report for AIPPI Forum & Executive Committee Meeting 2013.
 
Communications Committee report
(AIPPI General Secretariat)
Please see the Communications Committee Annual Report for AIPPI Forum & Executive Committee Meeting 2013.
 
Resolutions adopted in Helsinki
(Article by Thierry Calame, Reporter General of AIPPI)
The delegates at the 2013 Forum/Executive Meeting in Helsinki last month adopted five Resolutions on various questions of intellectual property law. Each Resolution provides important guidance for further harmonization of the law. The first question, Q233, dealt with the grace period for patents. The second question, Q234, examined the relevant public for determing the degree of recognition of famous marks, well known marks and marks with a reputation. The third question, Q235, concerned the term of coypright protection. The fourth question, Q236, looked into the relief in proceedings other than injunctions or damages. Besides the Resolutions emerging from the regular working questions, AIPPI also adopted a Resolution on Plain Packaging and comments on the draft Rules of Procedure of the Unified Patent Court (UPC). The full texts of the adopted Resolutions and the Comments on the draft Rules of Procedure are available on our website. A summary of the Resolutions and the Comments on the draft Rules of Procedure can be found here. The Comments on the draft Rules of Procedure were submitted to the Preparatory Committee and the Resolution on Plain Packaging was made available to the European Parliament. All the Resolutions will now be disseminated by the Bureau and the National Groups to all relevant authorities and bodies so that they can make use of them.
 
Workshops: Presentations are now available online
(Article by Thierry Calame, Reporter General of AIPPI)
The Helsinki Forum offered twelve successful Workshops over two days covering a wide array of hot topics in intellectual property law, including IP licensing and insolvency, Apple v. Samsung, brand strategy, digital gaming, online exhaustion, trade secrets, and the unitary patent as well as the Unified Patent Court. Building on the success of the Pharma Day in previous years, four out of the twelve Workshops were again special Pharma Workshops dedicated to topical issues in the pharmaceutical industry such as second medical use patents, TRIPS flexibilities, data exclusivity and pharma related trademark issues. A description of the Forum Workshops, the speakers and all of the presentations of the Workshops are available here.
 
Special Committee Reports and Presentations are available online
(Article by Thierry Calame, Reporter General of AIPPI)
The Special Committee reports received by the Reporter General prior to the Helsinki Forum/Executive Meeting were made available to the participants in the Executive Committee Session I. Due to the debates on the Resolution on Plain Packaging and the Comments on the Rules of Procedure of the Unified Patent Court there were no oral presentations of Special Committees in the Executive Committee Sessions. All Special Committee Reports are available online here.
 
Pictures of the AIPPI Forum & ExCo meeting 2013
(AIPPI General Secretariat)
We invite you to have a look at the pictures taken during the Forum & ExCo meeting in Helsinki.
Forthcoming Events
October 2013:  WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Precedent and Practice will take place on 29-30 October 2013 Geneva, Switzerland
(WIPO)
This Workshop is hosted by the Arbitration and Mediation Center of the World Intellectual Property Organization. A principal theme of this year's Workshop is the precedent summarized in the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition (WIPO Overview 2.0). The Workshop will also pay particular attention to developments in relation to UDRP decision precedent and process, and will provide an overview of new ICANN Rights Protection Mechanisms (RPMs) in connection with the planned launch of new gTLDs. This includes a status update on the WIPO-administered Legal Rights Objection (LRO) procedure. For more information, please see: www.wipo.int/amc/en/events/
 
 
November 2013:  1st joint seminar of the French and German Groups of AIPPI, 7-8, November, 2013, Aero-Club de France, Paris
(French and German Groups of AIPPI)
For the first time in their history, the French and German Groups of AIPPI are organizing a joint seminar in the prestigious setting of the Aero-Club de France, in Paris. Read more here Download the program
 
November 2013:  From IP to NP" Net Profit, International Conference, 10-11, November, 2013, Dan Panorama Convention Center, Tel-Aviv
(Israeli Group of AIPPI)
This conference will offer insight into the pivotal legal and business decisions faced by innovators and businesses on a daily basis, in the various stages of development. It will focus on some of the IP tools most useful to protect and grow a business.

It is designed for innovators, senior management at innovative companies and legal practitioners in the intellectual property sphere. The conference will provide unique opportunities to learn from top professionals in business, legal practice, academia and leading government officials. The conference will address both practical and theoretical issues relating to Patents, Brands and Trademarks, Designs and Copyright, in parallel break-out sessions, to allow participants to pick and choose their topics of interest.

Special Rates for AIPPI members!

For more details and registration- see the conference website at www.aippi.org.il or contact us directly at [email protected].

Invitation to AIPPI Members
Timetable
 
Please save the dates for future AIPPI Meetings
(AIPPI General Secretariat)
AIPPI 2014 Toronto
World Intellectual Property Congress 14-18 September 2014

AIPPI 2015 Rio de Janeiro
World Intellectual Property Congress 8-13 October 2015

AIPPI 2016 Milan
World Intellectual Property Congress 16-22 September 2016

AIPPI 2017 Sydney
World Intellectual Property Congress

AIPPI 2018 Cancun
World Intellectual Property Congress

AIPPI 2020 Hangzhou
World Intellectual Property Congress
Articles and notes
Australia: Australian Group sponsors new thinking on IP
(Article by Tom Reid, Treasurer of the Australian National Group, Allens, Melbourne, Australia)
In a lecture sponsored by the Australian National Group of AIPPI, Dr Francis Gurry, Director-General of the World Intellectual Property Organization, has outlined his thoughts on the role of IP in the modern economy, and set out what he sees as the most important questions for IP policy in the future.
 
Canada: The Clopidogrel Patent Dispute — The Next Chapter
(Article by Andy Radhakant, Heenan Blaikie LLP, Toronto, Canada)
The Canadian Federal Court of Appeal has ruled that Sanofi's selection patent for clopidogrel (aka Plavix) is valid, overturning a 2011 trial-level decision which had held that the promise of the patent was, use in humans, and that the patent failed to disclose the basis for predicting this. The Court of Appeal thought otherwise.
 
Canada: Trade-mark use in Canada through non-Canadian websites
(Article by Daniel M. Anthony, Smart & Biggar, Ottawa, Canada)
The Federal Court of Canada has held that a trade-mark displayed on a non-Canadian website accessible from Canada, in association with services available in Canada, constitutes use and advertising of the trade-mark in Canada, regardless of where the website information originates or is stored.
 
Chile: An Interesting and Successful 6th Annual Conference of the Chilean Intellectual Property Association
(Article by Juan Pablo Silva, Silva & Cia., Las Condes, Chile)
The Chilean IP Association held an interesting Annual Conference in Santiago on August 12/13. The new IP law currently before the Chilean Parliament and the Trans-Pacific Partnership (TPP) agreement negotiations featured in discussions. Denominations of Origin (DOP), Protected Geographical indications (PGI), enforcement in the digital world, advertising, Industrial Designs and the different methods of assessing and evaluating trademarks were also discussed.
 
China: Key Amendments to the Chinese Trademark Law
(Article by Zhongqi Zhou, CCPIT Patent & Trademark Law Office, Beijing, China)
Important changes in Chinese Trademark law. The draft for the amendment of the Chinese Trademark Law was officially adopted on August 30, 2013. The amendments relate to trademark protection, examination procedures, and trademark enforcement. The amended law will be implemented as of May 1, 2014.
 
France: Music performers lose their battle over remuneration by legal music downloading platforms
(Article by Tougane Loumeau, French Group Reporter, Gide Loyrette Nouel AARPI, Paris, France)
On September 11, 2013, the French Supreme Court issued a judgment which denies music performers the rights to prevent downloading platforms from delivering digital music online or to receive payment for such distribution, in respect to phonograms which were recorded before the internet existed. This judgment comes after a 7 year war among the music industry, the platform operators and the performers' representatives.
 
Germany: Product imitation and requirement of visual compatibility
(Article by Karolina Schöler, HARTE-BAVENDAMM Rechtsanwälte, Hamburg, Germany)
Nearly identical copying of aesthetic design features may be justified if customers require visually compatible replacement products and requiring competitors to use other product de-signs would significantly affect saleability.
 
Japan: The Revised Guidelines on the unity of invention in Japan
(Article by Tatsuya Tada, Japan Patent Office, Tokyo, Japan)
The Japan Patent Office (JPO) has revised the Examination Guidelines for “Requirements of unity of invention” and “Amendment that changes a special technical feature of an invention”. The changes apply to examinations performed on or after July 1, 2013.
 
Switzerland: Swiss court prevents the implementation of a WIPO domain name decision
(Article by Thomas Widmer, LALIVE, Geneva, Switzerland)
The Rules of Procedures for Dispute Resolution Proceedings for “.ch” (Switzerland) and “.li” (Liechtenstein) domain names provide that a WIPO domain name decision shall not be implemented if legal proceedings are pending.

The Court of Commerce of the Canton of Zurich (Switzerland) rendered on 10 April 2013 an interesting judgment on this requirement (case n° HG110066-O).
 
The Netherlands: EPO guidance on software patents: the “interaction” test and other popular fallacies
(Article by John Allen, NautaDutilh N.V., Amsterdam, the Netherlands)
A Technical Board of Appeal of the EPO has used surprisingly clear wording to stop computer implemented inventions expanding into functional, business method type claims. It appears that many arguments for patentability based on an “interaction” between technical features with “non-technical” features will not be accepted by the EPO.
 
The Netherlands: The Hague Court of Appeal: one SPC per patent
(Article by John Allen, NautaDutilh N.V., Amsterdam, the Netherlands)
Court of Appeal of the Hague, 27 August 2013, case number 200.115.757/01 (Teva v Sanofi)

On 27 August 2013, the Court of Appeal of The Hague rendered a remarkable judgment in preliminary injunction proceedings between Teva and Sanofi. These proceedings concern two SPCs held by Sanofi that were issued for (i) irbesartan - marketed under the name Aprovel - and (ii) a combination product comprising irbesartan and hydrochlorothiazide (“HCTZ”) - marketed under the name Co-Aprovel. Both SPCs are based on the same basic patent. This basic patent for the class of compounds to which irbesartan belongs, also contains a claim relating to of irbesartan and “a diuretic”.
 
United Kingdom: UK Group meeting reviews new UK Government tax initiatives for IP
(Article by Justin Watts, President UK Group, Freshfields Bruckhaus Deringer LLP, London, United Kingdom)
UK Group meeting reviews new UK Government initiatives providing innovative companies with the opportunity to make significant tax savings: a Patent Box and an 'above the line' credits scheme for large-company R&D investment.
 
United States: Federal Circuit Addresses Enablement of Genus Claims When Specification Describes a Single Species
(Article by Anne L. St. Martin, Oblon, Spivak, McClelland, Maier & Neustadt, Washington, United States)
In Wyeth v. Abbott Laboratories, the US Court of Appeals for the Federal Circuit (CAFC) has held that claims directed to a genus are not enabled by a specification only describing synthesis and efficacy of a single species of said genus without any guidance to particular substitutions or modifications to the species that would maintain the desired effects.
National and Regional Groups
Chile: Report on ABPI meeting, Rio de Janeiro August 18 to August 20
(Article by Sergio Ellmann, Assistant to the Secretary General)
The Brazilian National Group celebrated its 50th anniversary from August 16 to August 20 in the wonderful city of Rio. Committee activities and general panels, both plenary and concurrent, were ably delivered by the speakers who also enjoyed the warm weather of the Barra de Tijuca beach and the grandeur of the Copacabana Palace Hotel where the opening took place.
 
China: The 2013 AIPPI Trilateral Meeting in Lijiang,China July 20, 2013
(Article by (Richard) Yi Li, Secretary General of AIPPI China)
The 11th AIPPI Trilateral Meeting (of the China, Japan and Korea Groups of AIPPI) was held in Lijiang, China on July 20, 2013, with more than 100 participants. This meeting, is co-sponsored by the three participating Groups who take it in turn to organise the Meeting each year.
 
United Kingdom: AIPPI UK Event: The Unified Patent Court and what it means for your practice
(Article by Christina Flanagan, Freshfields Bruckhaus Deringer LLP, London, United Kingdom)
A capacity crowd packed out AIPPI UK's event on 12 September at Freshfields Bruckhaus Deringer LLP to hear from three top speakers on the implementation of the unitary patent and the Unified Patent Court.
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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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