e-News No.62

February 12, 2019

AIPPI Bureau

A message from the President

by Renata Righetti Pelosi, (President of AIPPI)

Dear AIPPI Members, I hope you have had a great start into 2019. After our successful Congress in Cancun the newly constituted Bureau, with the support of our new Executive Director Arno Hold, has taken up its work with a lot of energy and fresh ideas. One key lesson learned from the previous year, is …

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AIPPI World Congress in 2025

The Bureau of AIPPI and the Venue Selection Committee are pleased to announce that Dubai has been selected as host country for the 2025 AIPPI World Congress.

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AIPPI Committees

Report On The 2018 WTO Public Forum

by Luca Rinaldi (Vice-Chair, Standing Committee on TRIPS)

The last WTO Public Forum, held in Geneva at the WTO headquarters from 2 to 4 October 2018,  as usual took three full days of workshops, working sessions, plenary sessions and book launches, focusing on “Trade 2030” and, in particular, on the interactions between the new digital technologies (such as Artificial Intelligence, …

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Limitations and Exceptions on Copyright – Report from latest SCCR meeting in WIPO

by Shiri Kasher-Hitin (Kasher Law Office – Israel)

The 37th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) was held in November 2018. The gap in positions regarding the need for further regulation of limitations and exceptions (L & E) at the international level was evident. In previous meetings it was agreed to attend regional meetings according to …

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2019 AIPPI World Congress – London

Registration will open in April for our World Congress in London! Please stay tuned!

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Sponsorship and Exhibition opportunities

Sponsorship and Exhibition opportunities are now available for the 2019 AIPPI World Congress in London. This year we have a limited number of exhibition booths, so make sure you secure your booth early to avoid missing out! Why sponsor and exhibit at AIPPI’s World Congress? Gain visibility for your brand within The UK and globally Exposure to 2000+ participants from …

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Articles and case notes

Canada: Collaborative Search and Examination (CS&E) Pilot Project – The More Patent Searching the Merrier

by Noel Courage and Donald Bocchinfuso (Bereskin & Parr LLP, Canada)

Several patent offices have launched a “Collaborative Search and Examination” Pilot Project (“CS&E”), which will allow examiners from key patent offices to collaborate on examination of PCT Applications. The goal of the CS&E is to provide better quality patent searches and examination. To encourage use of the CS&E, there is …

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China: Chinese Court Developments on Construction of Software-Implementing Elements

by Ben NI, Qijie HUANG (King & Wood Mallesons – China)

Recently, in the case of Sogou v. Baidu, the Beijing Intellectual Property Court ruled the determination of a means-plus-function element and the protection scope thereof in a way more consistent with the Guidelines for Patent Examination. Article 4 of the Judicial Interpretation (II) of the Supreme People’s Court on Several …

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France: No copyright for flavours says EU Court of Justice

by Tougane Loumeau (GIDE LOYRETTE NOUEL – France)

Levola Hengelo BV v. Smilde Foods BV; CJEU, Grand Chamber, November 13, 2018, case number C-310/17, ECLI: EU:C:2018:899 On 13 November 2018, the EU Court of Justice ruled on whether the taste of a food product may be covered by copyright under European legislation. The dispute started when Levola, a Dutch company …

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Japan: Revision of the Japanese Design Law

by Hirohito Katsunuma (Katsunuma International Patent Office – Japan)

An extensive revision of the Japanese Design Law will be made in 2019. It includes an expansion of the protection of Image Design, an introduction of the protection of Space Design, an expansion of Related Designs, etc. The Act will come into effect in 2020. 1. Expansion of Protection of Image Design …

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New Zealand: Additional damages for flagrant copyright infringement welcomed by performing right association

by Thomas Huthwaite and Susan Hur (Baldwins Intellectual Property – New Zealand)

In the past, copyright infringers may have thought that there was little risk to waiting for a lawsuit before considering taking a license. However, the High Court has now signalled that significant additional damages can, and will, be awarded in cases that warrant increased penalty: Australasian Performing Right Association …

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Spain: Spain approves reform on Trade Mark Law implementing the EU directive 2015/2436 of the European Parliament and of the Council

by Luis-Alfonso Durán (Durán-Corretjer SLP – Spain)

Last December 21st, 2018, the Spanish Government approved Royal Decree 23/2018, by which the Spanish Trade Mark Law was amended to incorporate the changes included in the EU Harmonization Directive 2015/2436. The main amendments incorporated in the new law include: 1. Any individual or legal person, no matter its nationality, place of residence …

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Turkey: Tobacco Products in Turkey: mandatory plain or standardized packaging, a consequence of the WTO decision?

by Hakan Pehlivan (Istanbul Patent A.S. – Turkey)

The law mandating plain packaging went into force on December 05, 2018. The new regulation imposes strict limitations on the appearance of tobacco products packaging and the use of trademarks on the packaging. Turkey is a party to the WHO Framework Convention on Tobacco Control, and was planning to introduce further restrictions …

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U.S.A.: Multi-Color Marks on Product Packaging Must Acquire Distinctiveness for Registration

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

It has long been the case in the United States that trademark registration is not available for single-color marks that have not already acquired distinctiveness. This general rule had previously not been studied with respect to multiple color marks. Now, the USPTO’s Trademark Trial and Appeal Board (TTAB) …

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National Groups

China: The AIPPI China Copyright Forum (2018) in Beijing

by (Allen) Jun Wang (Beijing TA Law Firm – China)

The AIPPI China Copyright Forum (2018) was held on December 22, 2018 in Beijing, with 200 domestic experts, scholars, business representatives and lawyers in attendance, focusing on sophisticated and hot issues in the field of copyright law and practice. The AIPPI China Copyright Forum(2018)in Beijing: Hot Topics in China Copyright …

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Colombia: Survey regarding Madrid Protocol

Juan Carlos Cuesta, President of the Colombian Group is conducting a survey regarding the Madrid Protocol in practice. The survey will be used for an impact study of the Madrid Protocol, and will be published later this year. The book will be a practical guide to use of the Madrid Protocol for trademark practitioners. An executive summary of the study …

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Event Announcements

The ECTA takes pleasure in inviting students and professionals to take part in the ECTA AWARD 2019.

The deadline for receipt of papers is March 1, 2019! The purpose is to grant an Award to an individual who has written an article or an essay of importance for the development of European Trade Mark Law, Design law, Copyright law or Geographical Indications law. It is intended to present the Award in Edinburgh during the Association’s 38th Annual …

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Search Matters 2019

Training event for patent search professionals May 6-8, 2019 Munich, Germany Search Matters is a unique, two-day event offering searchers in the patent world an unrivalled look behind the scenes at the EPO. This year’s event will showcase the EPO's patent search strategies and techniques and feature workshops on top issues run by experienced patent examiners. On 6 May, during …

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