e-News No.56
February 22, 2018

AIPPI Bureau

AIPPI 2018 New Year Message

by Hao Ma (President of AIPPI)

Dear AIPPI Members: More than one month of 2018 has already passed. I hope your new year is off to a good start. On behalf of the AIPPI Bureau and the General Secretariat, I would like to extend my best wishes to all of you for a very happy, healthy and prosperous New Year! …

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AIPPI World Congress in 2024

The Bureau of AIPPI and the Venue Selection Committee are pleased to announce that Germany has been selected as host country for the 2024 AIPPI World Congress.

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2018 AIPPI World Congress – Cancun

The 2018 AIPPI World Congress in Cancun: Purchase your pre-registration package before they’re all gone!

Our exclusive pre-registration packages are selling quickly – over 50% are already sold out! Don’t miss your chance to secure this amazing deal before it ends. Join & Register Know a friend or colleague who might be interested in attending the Congress? Let them know that even people who aren’t yet part of AIPPI can profit from the Pre-Registration deal …

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Sponsorship Opportunities

Sponsorship Consider sponsoring the AIPPI World Congress, and expose your brand to participants from all over the world. Contact events@aippi.org for more information or to propose a unique sponsorship. View available sponsorships by clicking here.  

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AIPPI Committees

The Presence of AIPPI at WTO Public Forum 2017 - “IP and other e-commerce-related legal frameworks’ harmonization as a means of inclusive trade”

by Luca Rinaldi, Takeshi S Komatani (TRIPS Q94 Standing Committee of the AIPPI) corresponding author

TRIPS Q94 Standing Committee of the International Association for the Protection of Intellectual Property (AIPPI) hosted a working session entitled “IP AND OTHER E COMMERCE-RELATED LEGAL FRAMEWORKS’ HARMONIZATION AS A MEANS OF INCLUSIVE TRADE,” at the WTO Public Forum 2017, held on September 26-28, 2017 in …

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Articles and case notes

France: Champagne! EUCJ rules on allegedly unlawful use of the famous Protected Designation of Origin (‘PDO’)

by Tougane Loumeau (GIDE LOYRETTE NOUEL – France)

Comité Interprofessionnel du Vin de Champagne v. Aldi Süd Dienstleistungs-GmbH & Co. OHG and Galana NV, CJEU, December 20, 2017, C-393/16, ECLI: EU:C:2017:991 The Court of Justice of the European Union (‘CJEU’) was called to rule on whether the use of the name ‘Champagner Sorbet’ (German for ‘Champagne Sorbet’) to refer to …

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Japan: Will costume players of Animation and Manga be able to survive after the Mari-Car case and TPP?

by Kozo Yabe (YUASA & HARA - Japan)

Animation and manga feature a vast range of unique characters. They appear not only in their original format but also exist in the real world with fans of animation/manga dressing in the costumes of their favourite players/characters. However innocent this may seem, they can also be targets of copyright infringement allegations. Nintendo now …

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Switzerland: Design “Repair Clause”: A Brief Overview of European and Swiss Law

by Thomas Widmer (LALIVE– Switzerland)

The Court of Justice of the European Union recently clarified the scope of the “repair clause” contained in the Council Regulation (EC) n° 6/2002 on Community designs. This is an opportunity to take a brief look at the situation, under European and Swiss law. European law Let’s consider a product with several parts, like a car. …

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Turkey: Mandatory Arbitration related with Regulation on Employee Inventions, Inventions Realised within Higher Education Institutions and Inventions Arisen from Projects Supported by Public Authorities" is in force in Turkey

by Dilek Ustun Ekdial, Irem Unal Nizamoglu (June Legal Intellectual Property Services Inc. - Turkey)

In general, the Turkish Code of Civil Procedure requires a written agreement between parties for dispute resolution by arbitration. However; apparently the new “Regulation on Employee Inventions, Inventions Realised within Higher Education Institutions and Inventions Arisen from Projects Supported by Public Authorities" (the Regulation), which …

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UK: Commission adopts light touch in SEP Guidelines

by Richard Vary (Bird & Bird - UK)

The European Commission has issued its much awaited guidance on the EU approach to Standard Essential Patents. Whilst the guidelines broadly endorse Unwired Planet v Huawei and Huawei v ZTE, what is more notable is what has been omitted. The Commission has been lobbied hard, in particular by two groups, the Fair Standards Alliance and …

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UK: Supersize this: Unwired Planet American style

by Richard Vary (Bird & Bird - UK)

In the case of TCL v Ericsson, the Honourable James V. Selna, Judge of the District Court of the Central District of California (Los Angeles) handed down a court-ordered FRAND license. The case has much in common with the UK's Unwired Planet decision earlier in the year. Like Mr Justice Birss, Judge …

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UK: Shenzhen Court takes a German approach to SEP infringement claims

by Yang Li and Richard Vary (Bird & Bird - UK)

In the Shenzhen Intermediate Court's judgment on two SEPs infringement cases filed by Huawei against Samsung, it appears that the court has adopted a more German approach to SEP infringement than we have seen in the UK's Unwired Planet v Huawei decision in April 2017 or the recent TCL v Ericsson case …

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U.S.A.: Who Gets the Last Word?

by Kenneth R. Adamo, Eugene Goryunov, Jon Carter, Aaron Resetarits, and Justin Bova (Kirkland & Ellis LLP - U.S.A.)

I. Introduction The America Invents Act (“AIA”) created the Patent Trial and Appeal Board (“PTAB”) and three new mechanisms for challenging issued U.S. Patents: post-grant review (“PGR”), inter partes review (“IPR”), and covered business …

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U.S.A.: First Amendment Protects Registration of Scandalous Marks in the US

by Seth I. Appel (Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP - U.S.A.)

The Court of Appeals for the Federal Circuit (CAFC) has held that the bar on registration of immoral and scandalous marks is unconstitutional, in contravention of the First Amendment; and therefore, the USPTO could not refuse registration of a vulgar word such as FUCT. In re Erik Brunetti, …

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National Groups

The AIPPI China Copyright Forum (2017)

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

The AIPPI China Copyright Forum (2017) was held on December 16, 2017 in Beijing, with over 200 domestic judges, academics, in-house counsel, and other legal professionals in attendance, focusing on important and hot issues regarding legal theory and practice in the field of copyright. The opening ceremony of the forum, moderated by …

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GOs & NGOs

The 5th of AIPPI Turkey’s Traditional Intellectual Property Law Seminar, April 5 - 6

As in previous years, the Turkish group aims to bring together attorneys at law, judges, public prosecutors, patent and trademark attorneys, professionals and scholars all over the world to address a variety of subjects under the shed of the international practice, doctrine, and legal arrangements. Online Registration and more details at https://ipseminar.aippiturkey.org/

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AIPPI Regional Meeting in Cambodia, April 6, 11:00 am - 1:00 pm

AIPPI Regional Meeting in Cambodia in the format of a brunch tentatively to be held from 11:00am to 1:00pm on  April 6, at the Sokha Phnom Penh, Cambodia.

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ASEAN IPA Annual Meeting & Conference, April 6 - 7

22nd ASEAN Intellectual Property Association Annual Meeting & Conference April 6-7, 2018, SOKHA Phnom Penh Hotel & Residence, Phnom Penh, Cambodia  

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Trademarks, Designs and more – AIPPI at the EUIPO, April 26

Join us on April 26 for an interesting IP Seminar held at the premises of the EUIPO in Alicante, Spain! Topics include trademarks, designs and more, presented by experienced in-house speakers, academics and private practitioners. There will be an opening cocktail and dinner reception in the evening of April 25, which will provide opportunities to connect with colleagues and network …

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AIPPI Israel Conference, April 29 - May 1

Following the success of the previous two conventions held in November 2013 and March 2016 the International Association for the Protection of Intellectual Property (AIPPI) and AIPPI-Israel are pleased to once again hostThe 3rd International Convention on The Economy of Innovation. April 30- May 1, 2018, David Intercontinental Hotel, Tel-Aviv, Israel April 29, 2018, Pre-conference “Start-Up Nation tour” For Registration …

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Event Announcements

MIP International Patent Forum 2018, March 7 - 8

AIPPI members are invited to attend the MIP International Patent Forum 2018, taking place on 7 & 8 March at the Waldorf Hilton Hotel in London. Members are invited to join over 300+ patent counsel and private practice to discuss the latest in international patent developments. ** In-house, patent and IP counsel attend the Forum completely free of charge ** …

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