2017 AIPPI World Congress – Sydney
October 13 - 17

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Celebrating its 120th Anniversary this year, AIPPI is going “down under” to hold its annual AIPPI World Congress in one of the world’s most beautiful and vibrant cities – Sydney, Australia.

The members of the Bureau of AIPPI and of the Australian Group of AIPPI are excited about welcoming you to a city and country renowned for visually stunning attractions, such as the iconic Sydney Opera House and Harbour Bridge. This is a unique setting for you to take part in AIPPI’s comprehensive Educational Programme, featuring all areas of IP law and all disciplines of practice from prosecution to litigation, while at the same time taking advantage of extensive networking opportunities with attendees from around the world, including prominent government, IP office and industry officials.

The Congress will take place at the International Convention Centre Sydney (ICC), which opened in late 2016 and provides state of the art facilities and comforts. The ICC is located in Darling Harbour, in the heart of Sydney, allowing for many of the events and receptions to take place on or around the spectacular natural harbour. Sydney and Australia are safe, affordable and welcoming. Australians are famous for being exceptionally friendly and Sydney, with a diverse and multicultural population of almost 5 million, will make all AIPPI Congress attendees feel at home.

AIPPI has been “Shaping IP for 120 Years”. This is your year to take part in that activity and to do it in what promises to be an unforgettable AIPPI World Congress.

REGISTRATION OPENS APRIL 3, 2017!

For further details, message us directly.

Programme

(subject to change)

Study Committee Meetings
Administrative Sessions
Plenary Sessions
Panel Sessions
Special Sessions
IP Lunches
Pharma Sessions
Saturday, October 14, 2017 - 08:30-09:30
Study Committee Briefing
Saturday, October 14, 2017 - 09:00-15:30
Bad faith trademarks
Saturday, October 14, 2017 - 09:00-15:30
Protection of GUIs
Saturday, October 14, 2017 - 09:00-15:30
Quantification of monetary relief
Saturday, October 14, 2017 - 09:00-15:30
Patentability of CII
Saturday, October 14, 2017 - 16:00-17:30
Executive Committee Meeting I
Saturday, October 14, 2017 - 17:30-19:00
Plenary Session for proposed Resolution I
Saturday, October 14, 2017 - 17:30-19:00
2018 Study Questions
Sunday, October 15, 2017 - 09:00-10:30
Plenary Session for proposed Resolution II
Sunday, October 15, 2017 - 09:00-12:30
Panel Session 1: The best kept (trade) secret: a real life scenario
Sunday, October 15, 2017 - 09:00-10:30
Briefing: Development and IP
Sunday, October 15, 2017 - 11:00-12:30
Panel Session 4: The business of IP – IP and competition
Sunday, October 15, 2017 - 11:00-12:30
Plenary Session for proposed Resolution III
Sunday, October 15, 2017 - 12:30-14:00
Lunch 1: Briefing: Development of the IP system in China
Sunday, October 15, 2017 - 14:00-17:30
Plenary Session for proposed Resolution IV
Sunday, October 15, 2017 - 14:00-15:30
Panel Session 2: On a different note – copyright and music
Sunday, October 15, 2017 - 14:00-15:30
Panel Session 5: The business of IP - venturing with IP
Sunday, October 15, 2017 - 14:00-16:00
Secretaries & Treasurers meeting
Sunday, October 15, 2017 - 16:00-17:30
Panel Session 3: Don`t take it for granted - developments in post-grant proceedings
Sunday, October 15, 2017 - 16:00-17:30
Panel Session 6: The business of IP – Big Data, big issues
Sunday, October 15, 2017 - 16:30-17:30
Independent Members Meeting
Monday, October 16, 2017 - 09:00-12:30
Plenary Session for proposed Resolution V
Monday, October 16, 2017 - 09:00-10:30
Pharma Session 1: Sufficiently plausible?
Monday, October 16, 2017 - 09:00-10:30
Panel Session 7: On the ball – IP and sport
Monday, October 16, 2017 - 11:00-12:30
Pharma Session 2: Injunctions: innovator vs. innovator
Monday, October 16, 2017 - 11:00-12:30
Panel Session 8: Partial Designs – full protection?
Monday, October 16, 2017 - 12:30-14:00
Lunch 2: Briefing: Recent developments at the EPO
Monday, October 16, 2017 - 14:00-17:30
Plenary Session for proposed Resolution VI
Monday, October 16, 2017 - 14:00-15:30
Pharma Session 3: Medical devices and patents – a shot in the arm for pharma?
Monday, October 16, 2017 - 14:00-15:30
Panel Session 9: Funny, bad taste or out of order? Morality and public order in trademarks
Monday, October 16, 2017 - 16:00-17:30
Pharma Session 4: Digital health – your health on (the) line
Monday, October 16, 2017 - 16:00-17:30
Panel Session 10: The middleman - intermediary liability
Tuesday, October 17, 2017 - 09:00-12:30
Plenary Session for proposed Resolution VII
Tuesday, October 17, 2017 - 09:00-10:30
Panel Session 11: How much for your FRAND?
Tuesday, October 17, 2017 - 11:00-12:30
Panel Session 12: What`s the (technical) problem?
Tuesday, October 17, 2017 - 12:30-14:00
Lunch 3: Briefing: Update on Brexit / the UPC
Tuesday, October 17, 2017 - 14:00-18:00
Executive Committee Meeting II
Leadership of the 2017 Study Questions gather to introduce the following Hot Topics:
  • Bad faith trademarks
  • Patentability of computer implemented inventions
  • Quantification of monetary relief
  • Protection of graphical user interface
All ExCo representatives gather for the first ExCo meeting of the 2017 World Congress
Standing Committee on Patents
All Study Committee members are invited to attend the introduction of the 2018 Study Questions.
Standing Committee on GI
2016 was a blockbuster year for trade secrets legislation. The US signed into law the Defend Trade Secrets Act and the EU passed the Trade Secrets Directive. Law makers are increasingly recognizing the value of trade secrets to their economies and the need to provide legislative frameworks to protect these valuable assets...see more.
The purpose of this session is to provide an introduction and briefing on this topic, with a focus on the perspective of developing countries. It will be moderated by Reinhard Oertli, chair of the SCDIP, will feature experienced practitioners from developing countries as keynote speakers, and will allow delegates to present their views and concerns... see more.
This first session in 'The business of IP' series will explore these issues and the effect they have on international harmonization efforts....see more.
Standing Committee on Pharma & Biotechnology
This Lunch Session will provide a briefing on recent Chinese IP system developments, and a practical guide to navigating the systems of IP protection in China including via criminal, civil and administrative measures...see more.
  • (Ticketed Lunch)
Study Question: Quantification of monetary relief
This panel session will offer an overview of the current hot topics in music copyright, including recent case law and legislative developments...see more.
This second session in 'The business of IP' series will explore the use of IP as collateral for financing, which can include IP-backed loans, royalty securitization and IP sale and license-back arrangements. The advantages and disadvantages will be canvased both from the perspective of companies of different sizes, as well as the institutions and vehicles that invest in them...see more.
This panel session will explore global strategies using various national and/or regional tools, from the perspective of both the patentee and the opponent...see more.
This third session in 'The business of IP' series will explore the relevance and application of current IP laws to Big Data, whether they meet industry needs, and whether there are any alternative models...see more.
Study Question: Patentability of computer implemented inventions
The time between the invention of an active ingredient (or the second medical use thereof) and the approval of the final drug is significant, often a decade or more. To safeguard rights, patent applications must generally be filed when enough is known to justify further resources, for example, to conduct animal and human studies... see more.
The role of IP in any successful sporting endeavour is critical. This panel session will explore the key issues and challenges for IP protection in sport...see more.
This panel will debate the relief that is appropriate in cases when innovators compete in the same field and infringement is found...see more.
It is envisioned that this panel session will lead to a further study question and related resolution to assist AIPPI in contributing towards further global harmonization of design protection...see more.
This Lunch welcomes EPO President Benoît Battistelli to provide lunch session attendees with the latest updates on the EPO...see more.
  • (Ticketed Lunches)
Study Question: Protection of graphical user interface
This session will examine the developments in medical device technology and look at the role of the current and future IP and regulatory regimes in relation to their protection, and for related healthcare products...see more.
This panel session will canvass decisions refusing or invalidating trademarks on these grounds across jurisdictions, illustrating differing cultural or religious values and exploring when trademarks should be refused or invalidated on such grounds...see more.
This session will focus on the both the technology and the related IP issues and provide examples of where IP has been successfully utilized in this new and exciting field. One aspect which will be considered is how IP has enabled startups and SMEs to gain a foothold in the healthcare sector, which has previously been dominated by larger, more-established companies...see more.
This panel session will discuss intermediary liability in the digital world in key jurisdictions, including the availability of site blocking injunctions and address the practical effects and inherent limitations of such injunctions in the digital era...see more.
Study Question: Bad faith trademarks
This session will consider the UK case, as well as cases from other jurisdictions, and provide an overview of royalty rate determination issues for SEPs, related issues for standard setting organizations (SSOs), approaches adopted by other entities, such as patent pools and non-practicing entities (NPEs), and also touch on the use of arbitration to resolve royalty rate disputes...see more.
In this session, the speakers will compare the requirements relating to the technical problem in patent applications and patents across jurisdictions, and seek to identify a preferred approach...see more.
This session will provide a briefing on the likely implications for the protection and enforcement of IP in the UK generally, including the issues of free movement/exhaustion and the jurisdictional arrangements if the Brussels Regulation no longer applies to the UK... see more.
  • (Ticketed Lunches)
All ExCo representatives join to close the AIPPI 2017 World Congress

Find Your Destination

Tours
Accommodation
Social events

Accommodation

Rooms have been secured at a selection of hotels in Sydney with flexible terms and conditions exclusively for attendees of the 2017 AIPPI World Congress. Please notice that the rates below include Breakfast and Wifi.

Accommodation bookings will be available starting April 3, 2017. For any enquiries or interests in basic tips and practical information regarding your trip to Sydney, please contact our Professional Conference Organizer.

488 George Street, Sydney, Australia 2000
18 minutes walking distance
Standard Room:
Sgl. AUD$374 | Dbl. AUD$399
Deluxe Room:
Sgl. AUD$384 | Dbl. AUD$409
100 Murray St, Pyrmont NSW 2009
6 minutes walking distance
Executive Harbour View
Rooms:

Sgl. AUD$459
Dbl. AUD$479
150 Day Street, Sydney NSW 2000
14 minutes walking distance
Guest Room:
Sgl. AUD$340 | Dbl. AUD$365
Club Room:
Sgl. AUD$430 | Dbl. AUD$430
243 Pyrmont St, Darling Harbour NSW 2009
11 minutes walking distance
Studio Room:
AUD$274
1 Bedroom Apt. AUD$293
2 Bedroom Apt. AUD$459
70 Murray St, Pyrmont NSW 2009
7 minutes walking distance
Pyrmont View Room:
Sgl. AUD$323 | Dbl. AUD$338
Harbour View Room:
Sgl. AUD$356 | Dbl. AUD$371

Tours

Discover Sydney’s unique destinations with Tours specially designed by our Professional Conference Organizers. If your are interested in any particular excursion or tour, please email our Professional Conference Organizer.
Bookings will be available during registration, which opens April 3, 2017.

List of Participants

Available after the opening of Registration on April 3, 2017

Sponsors

Sponsorship Brochure
 

FB Rice is a private partnership firm of patent and trade mark attorneys with a strong local presence in Australia. We believe innovation is fundamental to economic prosperity and global growth.

WEBSITE

FB Rice is a private partnership firm of patent and trade mark attorneys with a strong local presence in Australia. We believe innovation is fundamental to economic prosperity and global growth.

WEBSITE

G&B has represented clients worldwide in all aspects of intellectual property law for almost 40 years, in the areas of monetization/licensing and due diligence/acquisitions, patent and trademark prosecution, USPTO post-grant procedures, and litigation.

WEBSITE

Luiz Leonardos (LLIP), with almost 100 years devoted to IP, counts with the expertise of over 80 professionals, a highly developed IP system administration and a long tradition of personal services caring for clients' professional needs.

WEBSITE

Exhibitors

 

Acumass is a leading Intellectual Property service provider, operating on a global level with offices based across Europe, Asia and the US. We take pride in providing comprehensive, secure and cost effective renewal services.

WEBSITE

Acumass is a leading Intellectual Property service provider, operating on a global level with offices based across Europe, Asia and the US. We take pride in providing comprehensive, secure and cost effective renewal services.

WEBSITE

Asia Business Law Journal is a new bi-monthly magazine for in-house counsel with the responsibility for all or part of Asia. It clarifies the regulatory environments in all key Asian jurisdictions and arms its readers with the tools to seize opportunity, manage risk, implement effective legal solutions and identify the most capable external advisers. Asia Business Law Journal is published by Vantage Asia.

WEBSITE

China Business Law Journal (CBLJ) is a fully bilingual monthly magazine for China-focused in-house counsel and law firms. It provides in-depth analysis of the legal and regulatory challenges facing domestic and international businesses in China and indispensable intelligence on the country’s legal market. China Business Law Journal is published by Vantage Asia

WEBSITE

With the Unitary Patent and the Unified Patent Court poised in the starting blocks, the EPO will present at this year’s AIPPI Congress essential information on the new system. The Unitary Patent and the Unified Patent Court are the new building blocks which will complete and strengthen the existing centralised European patent granting system. Users will be offered a new, attractive and cost effective option for patent protection and dispute settlement across Europe.

WEBSITE

India Business Law Journal (IBLJ) is a market-leading monthly magazine that provides in-depth analysis of the legal and regulatory challenges facing domestic and international businesses in India and unrivalled intelligence on the country’s law firms and legal market. Its readers are in-house counsel and private practice lawyers around the world. India Business Law Journal is published by Vantage Asia.

WEBSITE

Media Partners

Programme Materials

Panel Sessions

Panel Session 1: The best kept (trade) secret: a real life scenario

Sunday, October 15, 2017 - 09:00-12:30

2016 was a blockbuster year for trade secrets legislation. The US signed into law the Defend Trade Secrets Act and the EU passed the Trade Secrets Directive. Law makers are increasingly recognizing the value of trade secrets to their economies and the need to provide legislative frameworks to protect these valuable assets. However, despite these positive steps, trade secret theft knows no jurisdictional boundaries. Trade secrets and those who misappropriate them frequently cross international borders. In the absence of international harmonization or coordination, companies and their lawyers have to navigate a patchwork of substantive and procedural civil and criminal laws, all against a ticking clock. This exciting, practical and interactive session will include a panel of global experts who will advise a New York-based company which has just been the victim of trade secret theft by its Head of R&D. The panel, with audience participation, will advise the company of the procedural and substantive tools available to it to try to recover its trade secrets, as the employee traverses the globe. By the end of the session, the employee will have passed through a number of key jurisdictions before ending up in Sydney.

Special Sessions

Briefing: Development and IP

Sunday, October 15, 2017 - 09:00-10:30

Long-term economic prosperity in developing countries necessarily involves the transition from a manufacturing to a technology and knowledge-based economy. Developing countries depend on the ability both to import and to develop technologically advanced solutions in many fields, including robotics, healthcare, ICT and sustainability solutions. Economic development increasingly depends on the ability to design, produce and export goods of cultural and creative value, incorporating advanced and specially adapted technologies, differentiated by designs and brands, or goods in electronic format. Developing countries are increasingly both recipients and originators of ideas, designs and marks. Contrary to a view that protection of intellectual property generally hinders economic development, IP protection as part of a smart IP strategy plays a key role for developing countries in reaching higher growth levels. The Standing Committee on Development and Intellectual Property (SCDIP) monitors and reports on this important area on behalf of AIPPI. The purpose of this session is to provide an introduction and briefing on this topic, with a focus on the perspective of developing countries. It will be moderated by Reinhard Oertli, chair of the SCDIP, will feature experienced practitioners from developing countries as keynote speakers, and will allow delegates to present their views and concerns.

Panel Sessions

Panel Session 4: The business of IP – IP and competition

Sunday, October 15, 2017 - 11:00-12:30

Australia's Productivity Commission issued a report on its inquiry into Australia's Intellectual Property Arrangements in September 2016. The report arises from a recommendation in an earlier competition law review which suggested that Australia's IP regime needed to be viewed through 'a competition prism'. The final report recommends sweeping changes to all aspects of Australia's IP system. The intersection between IP and competition law has been a key area of focus in many jurisdictions in recent years. It seems to be acknowledged that IP laws offer opportunities to create new and valuable knowledge by incentivising innovative endeavour and investment. However, competition regulators remain concerned that IP rights are inherently monopoly rights, and that rights holders may engage in anti-competitive behavior. As a counterpoint, another recent focus has been the contribution of IP to economic performance, particularly in light of the EPO/EUIPO report 'Intellectual Property Rights Intensive Industries and Economic Performance in the European Union' (October 2016). However, this perspective too may differ depending upon whether a particular jurisdiction is regarded as a 'importer' or 'exporter' of IP. This first session in 'The business of IP' series will explore these issues and the effect they have on international harmonization efforts.

Panel Sessions

Panel Session 2: On a different note – copyright and music

Sunday, October 15, 2017 - 14:00-15:30

Although music is traditionally the subject matter of copyright, the business opportunities (and legal challenges) relating to music have been increasing over the last few decades with the development of new media and technologies. The various mechanisms for licensing music aim to strike a balance between the interests of music authors, performers, recording studios, and broadcasters. That balance has served well in some instances, and less well in others. The introduction of digital music has further complicated this balance, triggering dramatic changes to the industry business model in both positive (easy access to markets) and negative (rampant illegal copying) ways. Arguably, music is the most protected, licensed and breached of all forms of copyrighted works. New media offers to authors unprecedented opportunities for self-producing and self-promoting their works, and the chance to experiment with innovative forms of expression. For recorded music today based on previously created works that have been re-sampled, remixed or re-mastered, it may be difficult to tell whether they qualify as derivative or original works. This panel session will offer an overview of the current hot topics in music copyright, including recent case law and legislative developments.

Panel Sessions

Panel Session 5: The business of IP - venturing with IP

Sunday, October 15, 2017 - 14:00-15:30

Many companies depend on their intellectual property assets to drive value creation, achieve market differentiation and generate M&A activity. The role of IP as collateral has a long history – Thomas Edison used his patent on the incandescent electric light bulb to secure financing to start his company, The General Electric Company. Increasingly, large corporations, small and medium enterprises (SMEs) and start-ups are leveraging their IP assets to seek access to capital. Start-ups and SMEs may need to commence or enhance operations, or increase their R&D spend. The financing requirements of established companies may be driven by the need to expand or make acquisitions. With the increasing the contribution of IP assets to overall company value, IP financing has become more mainstream. However, with crowd funding now presenting an alternative source of capital, companies and venture capitalists alike need to understand and evaluate all options. This second session in 'The business of IP' series will explore the use of IP as collateral for financing, which can include IP-backed loans, royalty securitization and IP sale and license-back arrangements. The advantages and disadvantages will be canvased both from the perspective of companies of different sizes, as well as the institutions and vehicles that invest in them.

Panel Sessions

Panel Session 3: Don`t take it for granted - developments in post-grant proceedings

Sunday, October 15, 2017 - 16:00-17:30

Patentees cannot take for granted the life and scope of a granted patent. After grant, patent validity may be challenged or its scope amended through various proceedings including opposition, post-grant review, revocation actions and limitations. This creates ongoing uncertainty for patentees. Most patent systems allow for at least some types of post grant proceedings. In Europe, there is the possibility of opposition proceedings before the EPO, patent revocation proceedings before national courts and limitation proceedings both before the EPO and national offices. Some European countries allow cumulative opposition and revocation proceedings, while others don’t; some also allow national limitation actions while EPO oppositions are ongoing. China allows multiple revocation actions involving the same parties and patents. The jurisdiction of the US Patent Trial and Appeal Board includes inter partes and post-grant reviews. Ex parte reexamination remains available at the USPTO. Other countries, like Japan, offer fewer opportunities, although Japan (along with the US) have recently revised their respective post-grant processes. France has recently developed case law limiting the availability of revocation actions by applying a limitation period and qualified standing. This panel session will explore global strategies using various national and/or regional tools, from the perspective of both the patentee and the opponent.

Panel Sessions

Panel Session 6: The business of IP – Big Data, big issues

Sunday, October 15, 2017 - 16:00-17:30

Developments in information technology have enabled businesses to produce, collect, store, analyse, use and share vast collections of data which are estimated to be worth trillions of dollars. Essentially large databases, the manner in which data is collected (including through collaboration and user-generated content), and the ways in which it can be used to create value, sets Big Data apart from traditional databases. The increasing prevalence and value of Big Data raises questions in many areas of law, from data protection and consumer law to competition, telecommunications and fundamental-rights law. This panel will focus on the challenge of Big Data to IP law. Central to IP protection is the concept of ownership of property (albeit, intangible). Big Data is generally dynamic, massive, unstructured and real-time. The emphasis is on access and use. Traditional IP laws provide limited protection to those who invest in Big Data, and little predictability for those who use it. Rights such as trade secret protection and sui generis database protection struggle to fill the gap. This third session in 'The business of IP' series will explore the relevance and application of current IP laws to Big Data, whether they meet industry needs, and whether there are any alternative models.

Pharma Sessions

Pharma Session 1: Sufficiently plausible?

Monday, October 16, 2017 - 09:00-10:30

The time between the invention of an active ingredient (or the second medical use thereof) and the approval of the final drug is significant, often a decade or more. To safeguard rights, patent applications must generally be filed when enough is known to justify further resources, for example, to conduct animal and human studies.

Various questions arise in this respect. How can the invention be expressed in a manner sufficient to one of ordinary skill in the art? What experimental or other data are required? Is the invention at issue (e.g. compound or second medical use claim) relevant? How are questions about utility/ industrial applicability and obviousness/inventive step resolved? Can post filing data be used to overcome these issues? Variations of these issues arise in many jurisdictions, creating challenges for applicants – in China, over the use of post filing data in overcoming inventive step and sufficiency rejections; in Canada, over the “patent promise” doctrine; and in Europe increasingly over the question of the “plausibility” of the invention as described in the patent specification. Speakers from Asia, Europe and North America will address these issues in the hope of formulating a global standard.

Panel Sessions

Panel Session 7: On the ball – IP and sport

Monday, October 16, 2017 - 09:00-10:30

The world of sport is a globalized, IP-intensive place. One of the key drivers to the commercial success of any sportsenterprise or endeavour is the associated IP which can cover the full spectrum of available rights. In the drive to go faster, longer and higher, patented technology plays a significant role in athletes achieving results that push the bounds of human possibilities. Examples include high tech swim wear fabric and advanced materials used in bicycles and sports shoes. The branding of a sporting event, team, product or athlete is a primary revenue generator. However, with IP rights, and the related benefits of sponsorship and merchandising, come the pitfalls of ambush marketing and counterfeits. One of the most significant revenue streams for major sports events or leagues are broadcast rights. For example, television rights to the American NFL broadcasts are reported to be in the billions of dollars annually. Overall, the role of IP in any successful sporting endeavour is critical. This panel session will explore the key issues and challenges for IP protection in sport.

Pharma Sessions

Pharma Session 2: Injunctions: innovator vs. innovator

Monday, October 16, 2017 - 11:00-12:30

The business model of the biopharmaceutical industry depends on the ability to sell innovative products exclusively for period of time in order to recoup the substantial research investment. Generally, regulatory approval for a generic version is based on the innovator’s safety and efficacy data. Thus, the cost of bringing a generic product to market is considerably lower.

The advent of complex bioproducts has changed this equation. The US case Amgen v Sanofi involves two innovator companies in a patent infringement dispute over a new class of cholesterol lowering agents.The court at first instance enjoined Sanofi from selling its competing anti-cholesterol agent after Amgen’s patents were found valid and infringed.

Both innovator products are the result of billions of dollars of research. This finding shocked the biopharmaceutical industry. Medical professionals filed amicus briefs in Sanofi's appeal, indicating that trials of the Sanofi drug are on the verge of finding the superior product. The Court of Appeals stayed the pending appeal, noting several factors, including Sanofi’s likelihood of succeeding on the merits, and the possibility of irreparable harm. This panel will debate the relief that is appropriate in cases when innovators compete in the same field and infringement is found.

Panel Sessions

Panel Session 8: Partial Designs – full protection?

Monday, October 16, 2017 - 11:00-12:30

An “industrial design” or “design patent” typically protects the outward appearance or ornamentation of an object or article of manufacture. At the AIPPI Milan 2017 Congress, one of the adopted resolutions concerned the definition and the requirements for protection of such designs, with a focus on the role of functionality. Building on the Milan discussion, this panel session will focus on whether a part or portion of a product can be the subject of independent design protection and if so the requirements for and scope of any such design protection. As part of this discussion, the panel session will consider whether such a partial design must be visible to the human eye when used, and whether exemptions from protection such as “must fit” (where the design for the portion of the object is dictated by the need to fit with other parts or products, which may or may not be in the context of "reparation") apply. It is envisioned that this panel session will lead to a further study question and related resolution to assist AIPPI in contributing towards further global harmonization of design protection.

Pharma Sessions

Pharma Session 3: Medical devices and patents – a shot in the arm for pharma?

Monday, October 16, 2017 - 14:00-15:30

Medical devices play an increasing role in the provision of healthcare. Recent developments in technology, in particular in the areas of advanced materials, miniaturization, robotics and computing have enabled faster and more effective treatment for a range of conditions. Alongside this, healthcare companies have been looking to enhance their IP protection for medical devices, including where there is overlap with pharmaceutical products. The regulatory environment surrounding pharmaceutical products can be tied to particular treatment plans which can be controlled with dedicated types of medical device, for example, drug delivery apparatus such as injection devices, stents and inhalers.

In Europe, the regulatory regime around medical devices is changing in 2017 with the adoption of new EU Medical Device Regulations and a new EU In Vitro Diagnostic Medical Device Regulations. Alongside this, the ability to extend patent term and obtain supplementary patent protection for regulated medicinal products in certain circumstances is leading to a proliferation of extension mechanisms for pharmaceuticals and related products.

This session will examine the developments in medical device technology and look at the role of the current and future IP and regulatory regimes in relation to their protection, and for related healthcare products.

Panel Sessions

Panel Session 9: Funny, bad taste or out of order? Morality and public order in trademarks

Monday, October 16, 2017 - 14:00-15:30

According to article 6quinquies(B)(iii) of the Paris Convention, trademarks may be denied registration or invalidated if they are contrary to morality or public order and, in particular, of such a nature as to deceive the public. National trademark laws contain similar provisions. In Switzerland, an applicant wanted to protect "Madonna" as trademark for a variety of goods. While the application was accepted in other jurisdictions, Switzerland's highest court held that such a trademark would violate the religious feelings at least of the catholic part of the Swiss population and must therefore be denied protection. In the US, four musicians of Asian origin are trying to protect their band name "The Slants" as trademark. The USPTO refused the application on the ground that this phrase is a generally disparaging slang term for Asians. The final word in this case is now with the Supreme Court. This panel session will canvass decisions refusing or invalidating trademarks on these grounds across jurisdictions, illustrating differing cultural or religious values and exploring when trademarks should be refused or invalidated on such grounds.

Pharma Sessions

Pharma Session 4: Digital health – your health on (the) line

Monday, October 16, 2017 - 16:00-17:30

The growth in recent years in computerized healthcare has been remarkable. Significant developments in diagnostics, robotics and sensor technology have led to improved patient care involving many types of new product, including wearable and implantable devices, connected devices, remote monitoring and surgery, and many others. With the development of so-called ‘connected health’, diagnosis can take place remotely along with the formulation of improved treatment plans utilizing data from large populations.

The numerous IP and related issues include data privacy and patent protection for diagnostic methods and computer software (cf the US Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc.). Another issue is the convergence of different sectors and their approaches to IP protection, in particular reconciling an exclusivity-based approach traditionally adopted in the healthcare sector with the licensing-based approach employed in hi-tech industries.

This session will focus on the both the technology and the related IP issues and provide examples of where IP has been successfully utilized in this new and exciting field. One aspect which will be considered is how IP has enabled startups and SMEs to gain a foothold in the healthcare sector, which has previously been dominated by larger, more-established companies.

Panel Sessions

Panel Session 10: The middleman - intermediary liability

Monday, October 16, 2017 - 16:00-17:30

Advanced technologies and increased access to the Internet and communication networks around the world bring many opportunities both to exploit and infringe intellectual property rights online. According to Google data, the number of requests to remove links to copyrighted materials for the Google web search engine alone has jumped from a few hundred thousand web addresses each week in 2011 to more than 21 million a week in 2016. Courts in many countries have now granted injunctive relief in the form of site-blocking injunctions requiring Internet Service Providers (ISPs) - “the middleman” - to block local access to sites which have infringing content. The EU and a number of countries have adopted various laws in an effort to combat digital infringement. Scenarios where a "middleman" may be enjoined and/or liable are numerous and varied, and subject to a web of different laws and regulations in many different jurisdictions. This panel session will discuss intermediary liability in the digital world in key jurisdictions, including the availability of site blocking injunctions and address the practical effects and inherent limitations of such injunctions in the digital era.

Panel Sessions

Panel Session 11: How much for your FRAND?

Tuesday, October 17, 2017 - 09:00-10:30

In recent years there have been a number of high profile cases in a number of jurisdictions concerning FRAND-committed standard essential patents (SEPs). One of the main topics considered in these cases has been the availability of injunctive relief, but a crucial issue which has not yet been addressed in many jurisdictions is a determination of an appropriate FRAND royalty. This is paradoxical since a disagreement about royalties is often the cause and origin of the dispute. Reasonable royalties have been determined in some US cases (e.g. Microsoft v Motorola). In Europe, the first significant determination is expected in Unwired Planet v Huawei and others. Following previous findings of infringement and validity, the UK Patents Court is expected to address the issue of the determination of a FRAND royalty rate. The judgment is anticipated prior to the Sydney Congress. This session will consider the UK case, as well as cases from other jurisdictions, and provide an overview of royalty rate determination issues for SEPs, related issues for standard setting organizations (SSOs), approaches adopted by other entities, such as patent pools and non-practicing entities (NPEs), and also touch on the use of arbitration to resolve royalty rate disputes.

Panel Sessions

Panel Session 12: What`s the (technical) problem?

Tuesday, October 17, 2017 - 11:00-12:30

Consideration is often given to the technical problem by patent offices and courts when assessing patentability, specifically, the existence of an inventive step. The relevance attributed to the technical problem is an issue in itself. The EPO problem-solution approach renders the identification of the technical problem central to any reasoning. Other systems have a different approach. It is also relevant to some patent offices whether the technical problem is identified in the specification (expressly or implicitly from any statement of advantages or objectives). Failure to comply with any formal requirement in this regard may have consequences for validity. Reformulation of the technical problem is another issue – offices and courts may take different approaches as to whether this is permissible and, if so, when and how it is done. Reformulation may be acceptable when new prior art is identified. What is the position when the technical problem is not identified as solved, or a technical effect is not sufficiently demonstrated? Can the applicant request any reformulation? And what is the remaining relevance of the initial formulation? The speakers will compare the requirements relating to the technical problem in patent applications and patents across jurisdictions, and seek to identify a preferred approach.

IP Lunch 1: Briefing: Development of the IP system in China

Since joining the World Trade Organization in 2001, China has continued to strengthen its legal framework and amend its IP laws and regulations to comply with TRIPS. Today, China has the second largest economy in the world, one of the top five patent offices in the world and hosts the world’s largest trademark office. It is therefore not surprising that the 2016 Global Patent & IP Trends indicator cited the continued increase in the importance of IP in China as a key trend.
While China has embraced IP to drive an innovation-based economy, the development of its IP system has drawn increasing attention from the world. In December 2016, China released the 13th Five-year Plan on National IP Protection and Utilization. Amongst other things, the plan calls for an improved IP legal system, enhanced IP protection, better IP quality, comprehensive IP utilisation and strengthened international cooperation.
This Lunch Session will provide a briefing on recent Chinese IP system developments, and a practical guide to navigating the systems of IP protection in China including via criminal, civil and administrative measures.

IP Lunch 2: Briefing: Recent developments at the EPO

AIPPI is very pleased to once again welcome EPO President Benoît Battistelli at its Congress to provide lunch session attendees with the latest updates on the EPO.
The EPO, with 38 member states and reaching a population of 650 million, is certainly a highly influential actor on the global patent stage. Recognized for its high-quality and business-friendly services, the EPO continues to achieve increased productivity. In 2017, the reform of the Boards of appeal is being implemented and the EPO is preparing for the possible arrival of the unitary patent.


IP Lunch 3: Briefing: Update on Brexit / the UPC

It is anticipated that Article 50 of the Lisbon Treaty will be triggered some months before this Congress, giving the UK two years to negotiate its withdrawal from the EU. Given the extent of harmonization of IP law across Europe, the consequences of a UK departure are complex.
This session will provide a briefing on the likely implications for the protection and enforcement of IP in the UK generally, including the issues of free movement/exhaustion and the jurisdictional arrangements if the Brussels Regulation no longer applies to the UK.
The implementation of the Unified Patent Court was at an advanced stage when the Brexit referendum took place. While the UK’s announced intention to ratify the UPC agreement means the UPC system will go ahead, it is unclear if and how the UK can participate in the context of the current UPC framework: part international treaty, part EU Regulation, and subject to the oversight of the Court of Justice of the EU.
It is expected that the UPC will be operational in December 2017. This session will also provide a timely briefing on progress and the possibilities for the UK’s ongoing role in the UPC, in light of the structural uncertainties due to Brexit.

 

The AIPPI 2017 World Congress in Sydney will develop and adapt research on the following hot IP topics:

Study Committee

Bad faith trademarks

Status: Active Meeting:
  • Main Task:

    To prepare a draft Resolution to be presented at the AIPPI Congress 2017, Sydney, October 2017.

Reporters:
  • Second Deputy Reporter General: Anne Marie VERSCHUUR