e-News No.46
April 27, 2016

AIPPI Committees

Countdown to the European Unified Patent Court: A busy year for AIPPI's UP/UPC Standing Committee to culminate with exciting Milan Congress Mock Trial

This is an exciting and busy year for AIPPI’s Standing Committee on the Unitary Patent and Unified Patent Court. It is widely predicted that …

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2016 AIPPI World Congress – Milan

2016 AIPPI World Congress Important Dates and Deadlines

June 14, 2016: Deadline for early bird registration fee. August 10, 2016: Deadline to regular registration fee. For further details as well as all up to date information on the meeting we invite you to visit our Milan Congress website here.

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Panel sessions for the 2016 AIPPI World Congress in Milan

The preparations for the educational/professional development programme of the 2016 AIPPI World Congress in Milan are well under way. The Congress will offer 15 panel sessions with expert moderators and speakers over three days (Sunday, September 18 through Tuesday, September 20). They will cover a …

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2016 AIPPI World Congress is approaching

The organization of the World Congress, to take place in Milan from September 16 to 20, 2016, is proceeding at swift pace. Flocks of early birds shown up immediately after the opening of the registration in April, aware that anticipating the  registration increases the chance to get the preferred …

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Forthcoming Events

MIP IP in Asia Forum 2016, June 21 and June 2, 2016

The MIP IP in Asia Forum will be returning to Paris on June 21 and London on June 23 2016 to discuss the most significant challenges and opportunities in the region. IP protection and enforcement in Asia often poses a numbers of challenges for European companies …

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GOs & NGOs

AIPPI booth at INTA’S 138th Annual Meeting, May 21-25, 2016, Orlando, USA

AIPPI will be at the INTA annual meeting in Orlando. Come and visit us at booth no.204/206 in the Exhibition hall to gather information and gadgets of Milan, Italy and Sydney, Australia (Host cities of the AIPPI World Congress in 2016 and 2017).    

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Articles and notes

The Australian best method requirement casts a long shadow – the Servier decision

In Australia (unlike most jurisdictions), it is possible to revoke patents on the basis that the patentee has failed to disclose the best method of performing the invention. Australia recently introduced more stringent disclosure requirements, which are likely to require …

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The New Brazilian Civil Procedural Code and its relevance to the protection of intangibles

A New Civil Procedural Code (NCPC) - Federal Law 13,105 / 2015 – has entered into force on March 18, 2016 and inserts new instruments to increase the enforcement of rights in Brazil. The …

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New Brazilian Law on Biodiversity

After nearly 14 years since the enactment of Provisional Measure No. 2,186/2001, the Brazilian Biodiversity Law (Federal Law No. 13.123/2015) was signed by President Dilma Roussef on May 20, 2015. The new law regulates the access to Brazilian genetic resources and to associated traditional knowledge of indigenous …

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PRC's Draft Employee Invention Regulation Stirs Controversy

A Draft Employee Invention Regulation was published for comment, stirring up a great deal of controversy regarding whether the regulation is necessary, ownership of employee inventions, the employee invention reporting system and the standard of remuneration for employee inventions. In April 2015, the State …

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Supreme People’s Court Publishes Judicial Interpretation II on Patent Infringement

The published Judicial Interpretation II of the SPC on patent infringement is effecticve since April 1, 2016. It solves problems of lengthy proceedings, undue burden of producing evidence and insufficient damages, follows the principles of compromised claim interpretation as well as …

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Injunctive Relief for SEP Holders Would be Restricted According to the Judicial Interpretation Newly Issued

Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases came into force on 1st, April, providing …

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TRIPS Agreement Influenced Interpretation of Patent Law in Finnish Patent Dispute

The Finnish Market Court applied the TRIPS -agreement in a temporary injunction matter (No. 821/15) relating to an alleged likely patent infringement by offering for sale, placing on the market or using a generic drug substance. Merck Sharp & Dohme Corp. …

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Tobacco trademarks in a smog

Coty Germany GmbH v. Philip Morris Benelux BVBA and Philip Morris Products SA, French Supreme Court, Commercial Chamber, February 2 , 2016, No. 14-17404, ECLI:FR:CCASS:2016:CO00111 Ministerial Decree No. 2016-334 and Ministerial Order of 21 March 2016 on plain cigarette packets Tobacco trademarks have experienced highs and lows lately …

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Draft Guidelines regarding Employee Inventions

A draft of Guidelines regarding employee inventions, in relation to which the Patent Act was amended in 2015, was released in January, 2016. These Guidelines are expected to be helpful for corporations in establishing internal procedural standards of remuneration for employee inventions. This article will introduce the …

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The Fall of a Stack of Patent Claims in Malaysia

SKB Shutters Manufacturing Sdn. Bhd v Seng Kong Shutter Industries Sdn. Bhd. & Anor (FCCA No. 02(f)-97-12-2014) (FC) (26-10-2015) This article touches on a landmark case in Malaysia as the Judge decides on how dependent claims are to be interpreted if …

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The Mediation Service under the Agreement of a Unified Patent Court

A first draft of the Mediation Rules under the UPC Agreement (“the Rules”) has been published by the Preparatory Committee. Though still subject to further “legal scrubbing”, the services of the …

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Supreme Court considers scope of Community Registered Design for the first time

Magmatic Limited (Appellant) v PMS International Limited (Respondent) The UK Supreme Court has upheld the Court of Appeal’s judgment, and found that Magmatic’s registered Community Design Right (“CDR”) has not been infringed. These decisions run contrary to the court of first …

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ITC Needs “Material Things” In A Digital World

ClearCorrect Operating, LLC v. Int’l Trade Comn’n, 810 F.3d 1283 (Nov. 10, 2015), reh’g en banc denied 2016 WL 1295014 (Mar. 31, 2016). On November 10, 2015, the U.S. Court of Appeals for the Federal …

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