e-News No.49
November 10, 2016

AIPPI Bureau

Changes in the Bureau of AIPPI

by John Bochnovic (Executive Director of AIPPI)

On September 21, 2016 changes in the Bureau took effect. Hao Ma is the new President and Renata Righetti Pelosi is the Second Vice-President. Annie Siu-Ting Tsoi has become an Assistant Secretary General. Please check here for a complete list of Bureau members.

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AIPPI Standing Committees

EPO and EUIPO publish new study on contribution of IP rights to EU economy

by Yusuke Inui (Assistant to the Reporter General of AIPPI)

On October 25, 2016, the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) published a study entitled "Intellectual property rights intensive industries and economic performance in the European Union."  This is the most recent study of the series of studies jointly conducted by the EPO and the …

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AIPPI’s Standing Committee on Copyright at WIPO in Geneva

by Jan Bernd Nordemann (Chair of AIPPI’s Standing Committee on Copyright) & Matthias Gottschalk (Secretary of AIPPI’s Standing Committee on Copyright)

May libraries digitize the books they have in their shelves? May they send an electronic copy to a cooperating library, if a researcher would like to read it there? May universities provide electronic copies of books to their students on …

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Reform of EU Copyright Law - Proposals by the European Commission for a digital single market

by Jan Bernd Nordemann (chair of AIPPI’s Standing Committee on Copyright)

"Copyright is everywhere": In the digital knowledge and entertainment society of today, copyright law controls the distribution and use of content. Jean-Claude Juncker, President of the European Union has also recognised this. When Jean-Claude Juncker announced his five priorities for the 2014 election to the office of President, his stated …

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2016 AIPPI World Congress – Milan

The 2016 AIPPI Congress in Milan was a memorable success!

by Carlo Faggioni (OC Chair) and Renata Righetti (past President of the Italian Group)

An impressive attendance of more than 2100 from 85 countries gave the participants endless networking opportunities. The presence of top level representatives from international IP offices, a great educational program, the traditional Pharma Day, IP lunches with judges and PTO officers, an interesting last-minute panel on …

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Milan Congress - Professional development programme

by Sarah Matheson (Reporter General of AIPPI)

The 2016 AIPPI World Congress in Milan offered another extensive professional development programme spanning a wide variety of topical issues in IP, including the ever popular 'Pharma Day', plus other panel sessions similarly divided into 'streams' of interest. 'Pharma Day' included sessions on patentable subject matter, biosimilars, skinny labelling and the intersection between pharma …

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Milan Congress - Resolutions adopted

by Sarah Matheson (Reporter General of AIPPI)

Six Resolutions were adopted by the Executive Committee of AIPPI at the 2016 AIPPI World Congress in Milan. Four of these were on the basis of AIPPI's 2016 Study Questions: Patents—Added matter: the standard for determining adequate support for amendments Copyright—Linking and making available on the Internet Designs—Requirements for protection of designs General—Security interest …

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Standing Committee reports

by Sarah Matheson (Reporter General of AIPPI)

The annual reports of AIPPI's Standing Committees received by the Reporter General were made available to all attendees at the Congress in Milan, are now also available here. Read about the many activities of our Standing Committees in the year leading up to Milan, and their plans for the year ahead. Please approach your National …

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2017 AIPPI World Congress – Sydney

AIPPI 2017 updates from Sydney, Australia!

by AIPPI 2017 Organizing Committee

The AIPPI 2017 Congress will be taking place in Sydney, Australia at the brand new International Convention Centre (ICC) Sydney, from October 13 – 17, 2017. AIPPI 2017 in Milan: The Local Organising Committee, Congress Managers and our friendly kangaroo mascot, Rooby, travelled to Milan, and had the pleasure of promoting our host city, Sydney …

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GOs & NGOs

IP Summit 2016

2016, a year of IP revolution! Join us to gain key insights on future IP changes from experts and high-profile companies. The 11th edition of the Intellectual Property Summit will take place at the World Customs Organization. We will provide our delegates with key enterprise representatives from more than 35 countries worldwide to discuss the timely relevant issues in patents, …

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Articles and case notes

Argentina: Patents: Argentine Patent Office issues an enlarged PPH program

by Ignacio Sánchez Echagüe (Marval, O'Farrell & Mairal - Argentina)

The Argentine Patent Office issued an enlarged PPH program that would significantly accelerate the prosecution of applications. On September 19, 2016, the Argentine Patent and Trademark Office (ARPTO) issued Regulation No. P-56/2016 which, under certain circumstances, allows applicants to accelerate prosecution of pending patent applications. This Regulation became effective on October …

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China: “3M” wins a trademark infringement retrial case against “3N” in China

by Aileen Wu, Sisi Liang (WAN HUI DA Law Firm & Intellectual Property Agency - China)

3M v. Hua Wei, Supreme People’s Court of China, (2016) Zui Gao Fa Min Shen No. 187 (in Chinese) The court rejected the defendant’s argument based on its business success, sanctioned its refusal to disclose accounts and awarded an amount of damages far exceeding the …

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China: Defending Patent Validity on Inventiveness

by Honghui Hu (WAN HUI DA Law Firm & Intellectual Property Agency - China)

The Patent Reexamination Board & Zhao Weixing v. BAYER PHARMA AKTIENGESELLSCHAFT, Beijing Higher Court, (2014) Gao Xing (Zhi) Zhong Zi No. 2684 (in Chinese) Bayer successfully defended its patent relating to the world’s leading oral contraceptive, Yasmin in Beijing Higher Court. Although the patent was invalidated by …

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Israel: Disgorgement of profits as punitive damages for misleading a patent office

by Eran Bareket (Gilat, Bareket & Co., The Reinhold Cohn Group - Israel)

Unipharm Ltd. v. Sanofi et al (Tel Aviv Dist. Ct., 2015) An Israeli court allowed Unipharm, an Israeli generic company, to disgorge a portion of Sanofi’s profits from Plavix® due to a finding of unlawful conduct before the Patent Office. In an action brought by Unipharm, the court …

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Japan: Geographic Indications protected in Japan

by Kozo Yabe (YUASA and HARA - Japan)

Geographic Indications (“GI”) are protected in Japan. However, the Japanese system follows more administrative measures protecting certain qualified product brands for the agricultural, forestry, and fishery industries. The GI system is separate from the Regional Collective Trademarks (“RCTM”) run by the Japan Patent Office (“JPO”). Indeed, users should learn the basic differences between …

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Turkey: Proposed Landslide Changes in Turkish IP Law

by Abdurrahim Ayaz (Istanbul Patent A.S., - Turkey)

The Draft Industrial Property Law (“the Draft”) was passed by the Special Committee of Turkish Parliament on May 11, 2016, and would come to the parliament floor at any time to be passed into law. The coup attempt on July 15, 2016 has drastically changed government and parliament priorities, and put the …

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UK: CJEU Ruling on Anti-Trust Status of Arbitral Award over Patent Licence Dispute

by Lorna Brazell (Osborne Clarke - UK)

Genentech, Inc. v Hoechst GmbH/ Sanofi Aventis GmbH (Case C-567/14) The Court of Justice of the European Union has ruled that a patent licence was compatible with European anti-trust rules under Article 101 TFEU, even though Genentech had to continue to pay a running royalty on sales of MabThera notwithstanding the revocation or …

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USA: CAFC Finds Claim Scope Disclaimer in Poly- America

by Kelly G. Hyndman (Sughrue Mion, PLLC - USA)

In Poly-America v. API Industries, the U.S. Court of Appeals for the Federal Circuit ruled that patentee's claims were properly narrowed, finding a disavowal of claim scope in the specification and also in the prosecution history. Avoiding claim scope disavowal is a consideration to be addressed at the time of writing the …

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