AIPPI position has been one of the strongest in the IP sector, with substantive Resolutions being arrived at, and distributed and advocated at IP offices and governments around the world. However, there are further opportunities to advocate AIPPI’s positions, including through amicus curiae submissions/neutral third party interventions.
Interventions are not always possible, and not all courts accept third party observations. However, in the past year AIPPI has intervened in the EPO in the context of double patenting and there is clearly more that can be done in that arena. This is a useful activity for AIPPI since new laws can be developed not only through the codification of laws following a Resolution, but also as a result of advocating a position and the development of case law that reflects AIPPI’s positions.
AIPPI has an operational Amicus Brief Committee as well as a large collection of operational Standing Committees. Together with the co-ordination of the Reporter General Team, these committees have proven in the past that they can produce amicus briefs and interventions, and are capable of increasing activity in this area going forward.