e-News No.67

December 13, 2019

2020 AIPPI World Congress – Hangzhou

Sponsorship and Exhibition opportunities are available

Secure your Sponsorship item / Exhibition Booth before August 3, 2020.

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AIPPI Committee

PCT Office moving toward standardization of electronic document submissions

by Paul Blizzard and Noel Courage (Bereskin & Parr LLP, Toronto Canadaper AIPPI PCT Committee)

Patent attorneys are always concerned about the risk of document discrepancies arising when submitting electronic documents to patent offices. The Patent Offices are also concerned about storing and sharing documents as well as formatting them for publication. Consider the document handling in a simple …

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Amicus Brief on the Patentability of Computer Simulations filed with the Enlarged Board of Appeal of the EPO in Referral G 1/19

by Alfred A. Macchione (Chair, Standing Committee IT and Internet)

With Bureau approval, on September 2, 2019 our organization submitted the attached  Amicus Brief to the Enlarged Board of Appeal of the European Patent Office under Article 10 of its Rules of Procedure.  The Amicus Brief addressed the questions raised in referral G 1/19 regarding the patentability of computer simulations.  The Brief …

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Written comments on Patenting Artificial Intelligence Inventions – USPTO, November 12, 2019

On August 27, 2019, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on Patenting Artificial Intelligence Inventions.  The Request included a series of questions related to, for example, the types of artificial intelligence inventions that should be patentable and inventorship of such inventions.  AIPPI’s Standing Committee on IT and Internet has prepared and submitted Written …

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Articles and Case Notes

France: EU General Court confirms that the Rubik's cube cannot be registered as an EU trade mark

by Tougane Loumeau (GIDE LOYRETTE NOUEL – France)

Rubik’s Brand Ltd v. EUIPO and Simba Toys GmbH & Co. KG; GCEU, Eighth Chamber, October 24, 2019, case number T-601/17, ECLI:EU:T:2019:765 On 24 October 2019, the EU General Court ruled that the shape of the famous Rubik's cube cannot constitute a valid trademark of the European Union to cover ‘three-dimensional puzzles’. …

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France: France amends its Intellectual Property Code to implement EU reform on trademarks

by Tougane Loumeau (GIDE LOYRETTE NOUEL – France)

Ordonnance No. 2019-1169 of November 13, 2019 on product and service trademarks, NOR: ECOI1921594R On November 13, 2019, the French government issued an Ordinance that deeply modifies the French Intellectual Property Code with respect to trademark law. These amendments aim at implementing European Union Directive No. 2015/2436 of 16 December 2015 that …

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Italy: Italian Torpedoes: the end is the beginning is the end?

by Elena Martini (Martini Manna Avvocati – Italy)

One of the Italian IP topics that most interests foreign colleagues is Italian Torpedoes. As it is known, these are legal actions typically filed in Italy by an alleged infringer who applies in court for a declaration of non-infringement (DNI) regardless of whether or not their claims are grounded; by doing so, …

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Japan: Guidance on how to calculate damages in Japan

by Yuichiro Suzuki (KUBOTA – Japan)

The Grand Panel of the Intellectual Property High Court provides guidance on how to calculate damages based on “Infringer’s Profits” (Article102(2) of the Patent Act) and “Reasonable Royalty” (Article102(3) of the Patent Act). ( NeoChemir Inc., et al v. Medion Research Laboratories Inc. ( 2018 (Ne) 10063 )) In Japan, Article 102(2) of the Patent …

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U.S.A.: In US Design Patent cases, placement of a logo might have a big impact on infringement

by Joshua B. Goldberg (Nath, Goldberg & Meyer – U.S.A.)

It has long been the case in the U.S. that design patent infringement is not avoided by “labeling.” Specifically, a design patent infringer in the US cannot avoid infringement by copying another’s design but putting their own name on it. However, the US Court of Appeals for the Federal Circuit (CAFC) …

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National Groups

photo for no. 67

China: The 2019 AIPPI China Copyright Forum in Beijing

by Xiaoxu Li, Rachel Ren (Beijing)

The 2019 AIPPI China Copyright Forum was successfully held in Beijing on December 7, 2019, with more than 200 attendees, including representatives of judiciary authorities, scholars, experts, business representatives from the internet industry and the entertainment industry, lawyers, members of AIPPI and students, focusing on hot and difficult issues in the field of copyright …

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Event Announcements

Exclusive Wolters Kluwer end of year offer

Get 30% discount on any order* from the International market segment of the Wolters Kluwer eStore using discount code AIPPI2019EOY, valid until December 31st 2019. IMPORTANT: A price increase for the Wolters Kluwer pre-2018 titles is due to go into effect on 1st January 2020. To avoid disappointment and to make budgets go further, please order now. *The reduction is not …

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Flyer

5th AIPPI ASEAN Regional meeting 2020

March 27, 2020, Jakarta, Indonesia

Save the date!

"Current Legal Developments in Genetic Resources and Market Implementing"

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Search Matters 2020

May 11 - 13, 2020, The Hague, The Netherlands

The EPO now offers a training event for patent search professionals. The conference, focusing on disruptive technologies, will showcase the EPO's patent search strategies and techniques and it gives an opportunity to take a look behind the scenes at the EPO. On May 11, during the "at-the-desk" sessions you can meet with EPO examiners and learn first-hand how they search …

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LES International Annual Conference 2020

May 16 - 20, 2020, Berlin, Germany

Licensing specialists from a diverse, global community of practitioners from companies, law firms and institutions involved in licensing IP come together for cutting edge sessions and networking events at our incredible conference venue, the historic postal train in the center of Berlin: Station Berlin. Increase your knowledge about novel trends and insights in …

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Design Europa Awards

October 20, 2020, Eindhoven, The Netherlands

DesignEuropa 2020 call for entries

Organised by the EUIPO, the DesignEuropa Awards honour outstanding design brought to the marketplace with the protection of the Registered Community Design (RCD). The nomination and application period for the DesignEuropa Awards 2020 is now open and runs until April 20, 2020. The categories for the Awards are: The …

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International Association for the Protection of Intellectual Property
AIPPI General Secretariat / Tödistrasse 16, 8002 Zurich – Switzerland
Tel: +41 44 280 58 80 / Fax: +41 44 280 58 85
eNews@aippi.org / www.aippi.org