e-News No.50
January 24, 2017

AIPPI Bureau

Greeting for the New Year

by Hao Ma (President of AIPPI)

Dear AIPPI Members:

Time passes so quickly and with little advance notice the calendar New Year 2017 has now arrived. I hope you had a restful holiday season and that you are back to the office in high spirits. For those who are waiting for the Lunar New Year, I wish you a pleasant …


AIPPI Congress in 2023

by John Bochnovic (Executive Director of AIPPI)

AIPPI is excited to announce Yokohama as the location of the 2023 AIPPI World Congress! With a population of 3.7 million, Yokohama is Japan’s largest city after Tokyo. Situated on Tokyo Bay, about a half hour south of central Tokyo, it is serviced by Tokyo’s two major international airports. Yokohama is a major …


AIPPI Standing Committees

Brief Report On The 2016 WTO Public Forum

by Luca Rinaldi (Member of AIPPI’s Standing Committee on TRIPS)

The WTO Public Forum was held from 27 to 29 September 2016, in Geneva, at the WTO headquarters. The forum included three full days of workshops, working sessions, plenary sessions and book launches relating to “Inclusive Trades”. Indeed, TRIPS and more general Intellectual Property matters were not the core of the event, …


33rd Session of WIPO Standing Committee on Copyright and Related Rights (SCCR)

by Shiri Kasher-Hitin (member of AIPPI’s Standing Committee on Copyright)

This SCCR meeting discussed mainly protection of broadcasting organizations and also limitations and exceptions for education, research institutions, libraries and archives. A comprehensive and fascinating study on exceptions for education was presented in detail and might influence significantly the drafting of the next treaty on this exception to copyright law. Protection …


2017 AIPPI World Congress – Sydney

Sponsorship Opportunities – AIPPI World Congress

In October 2017, the AIPPI World Congress will be in Sydney, Australia. Sponsors in Sydney will have unique opportunities to promote their activities to a worldwide audience meeting in a new, state-of-the-art convention centre. The intention is to introduce new ways to display the sponsor’s brands with high visibility, including banners on AIPPI’s web site and screens in the Congress …


Forthcoming Events

MIP International Patent Forum 2017

by MIP

After a hugely successful event in 2016 which saw 300+ patent and IP professionals register to attend, Managing IP is pleased to invite AIPPI members for the second time to the seventh annual MIP International Patent Forum, taking place on March 8 & 9 in London. * In-house, patent and IP counsel attend the Forum completely free of charge …


Joint seminar of AIPPI Poland, Germany and France – Warsaw, March,16-17, 2017

by Bartosz Krakowiak (President of the Polish Group)

Following a long-lasting tradition of joint regional AIPPI meetings, on March 16-17, 2017, the Polish, the German and the French Groups of AIPPI, with the participation of the AIPPI Bureau, will organize a trilateral seminar on selected intellectual property related issues. The seminar will be held in Warsaw, at the famous Hotel Bristol, …


Articles and case notes

GermanyMore rights for authors and performing artists in Germany

by Karolina Schöler (HARTE-BAVENDAMM Rechtsanwälte - Germany)

The German Bundesrat and Bundestag again have passed a reform of the German Copyright Law (BT-Drucksache 18/10637 dated December 13th, 2016). The reform aims at the improvement of the author’s ability to enforce his right to claim a fair and reasonable remuneration for the exploitation of his work. The revised Copyright Law provides that authors …


France: French law on out-of-print books censured by the EU Court of Justice

by Tougane Loumeau (GIDE LOYRETTE NOUEL - France)

Marc Soulier and Sara Doke v. Premier Ministre and Ministre de la culture et de la communication, CJEU, November 16, 2016, C-301/15, ECLI: EU:C:2016:878 The Court of Justice of the European Union has recently ruled that the European copyright directive precludes national legislation such as the French decree on out-of-print 20th century …


France: Genuine use of a mark does not require aiming at end consumers

by Laurine Janin-Reynaud (DUCLOS THORNE MOLLET-VIEVILLE & ASSOCIES - France)

General Court of the European Union, July 7, 2016, Fruit of the Loom, Inc. v. EUIPO / Takko Holding GmbH (FRUIT) - T-431/15, ECLI:EU:T:2016:395 (http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=lst&docid=183701&occ=first&dir=&cid=668288)

In a judgment of July 7, 2016, the General Court of the European Union held that commercial acts exclusively aimed at professionals can qualify as genuine use …


Japan: The IP High Court Holds that a Seller Should Cooperate if the Purchaser is Involved in an IP Dispute

by Masahito Imai (Kubota - Japan)

SoftBank BB Corporation v. Kanematsu Corporation (Japan: IP High Court Case No. 2015 (ne) 10069 (English Summary)) In a judgment of December 24, 2015, the IP High Court (the "Court") held that a seller of chipsets is liable for the purchaser's damages caused by the purchaser agreeing to pay money to a patent owner in …


USA: The Holidays That Keep on Giving: The USPTO Can Declare Its Own Holidays With no Real Notice

by Joshua B. Goldberg (Nath, Goldberg & Meyer - USA)

The USPTO experienced a massive power failure on December 22, 2015, resulting in a cascading sequence of subsequent computer failures that left its electronic filing system completely unusable and inoperable. Rather than take some other action, the USPTO made the decision to consider those days from December 22, 2015 until December 24, …


National Groups

The AIPPI China Copyright Forum (2016) in Beijing

by By Jun (Allen) Wang (Yingke Law Firm - China)

The AIPPI China Copyright Forum (2016) was held at the CUC International Convention Center in Beijing, China on December 11, 2016, with 150 domestic experts, scholars, lawyers and other legal professional participants in attendance, focusing on important and hot issues in the field of copyright. Mr. Hao Ma, President of AIPPI, Duan …