No. 13
July 2010
  International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 | CH-8027 Zurich
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Contents
AIPPI Bureau Independent Members in Taipei
On 5th May 2010, before flying on to Korea for the NE Asian AIPPI Trilateral meeting and Asian IP Seminar, Stephan Freischem and I took the opportunity to meet with some of our members in Taipei with the organisational help of Thomas TSAI (Independent Member ExCo Delegate from Taiwan).
(Article by Michael Brunner, Secretary General)

AIPPI Contributes to the Study on the Functioning of the Trade Mark System in Europe
On 22 July 2009 the European Commission published an Invitation to Tender for a Study on the Overall Functioning of the Trade Mark System in Europe and subsequently awarded the contract for the Study to the Max Planck Institute. The Institute is now in the process of preparing its final report on the study. AIPPI has consulted its various national groups on the questions posed by the Study and, based on the responses received, Nicola Dagg, Assistant Reporter General and Peter Widmer presented the key points emerging from the AIPPI consultation at workshop at the Institute on 8 June 2010 when trade mark user groups were asked to contribute their views. The key points that emerged within AIPPI and which were presented on behalf of AIPPI at the workshop were: Harmonisation of Trade Mark Systems, The Relationship Between the CTM System and National Trade Mark Systems, The Requirement for a CTM to be Used “in the Community” (Art 15 CTMR), Seniority Claims, Classification of Goods/Services, and Use Requirement – 5 Year Grace Period (Article 15 CTMR).
(Article by Nicola Dagg, Assistant Reporter General)
AIPPI Committees The opinion G3/08 of the Enlarged Board of Appeal of the European Patent Office in the field of Computer Implemented Inventions: the established case law is confirmed.
On May 12, 2010 the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) rendered its Decision in the case G3/08 concerning Computer Implemented Inventions (CII). The EBA concluded that the referral of the President of the EPO was inadmissible as it held that the case law under review was consistent, contrary to the views expressed by the English Courts. In particular, in a thinly veiled reference to a Judge of the Court of Appeal in London, the EBA stated that “a presidential referral is not admissible merely because the European Parliament and Council have failed to adopt a directive on CII patenting or because consistent Board rulings are called into question by a vocal lobby”.

The EBA re-affirmed the EPO's current approach to examining the patentability of CII. Patent applications claiming computer implemented methods, computer programs and storage media storing a computer program are patentable provided that the claimed subject matter is inventive, where only features contributing to the technical character of the claimed subject-matter are taken into account for the assessment of inventive step. Patent applications with claims reciting only non-technical features, for example, pure “business methods”, are not patentable. The EBA also confirmed that a claim directed to a computer program product is also allowable if it fulfils the requirement for technical character.

Not surprisingly, the EBA declined the opportunity to define the term “technical”.

(Report by José Antonio B.L. Faria Correa, Chair of Q132, Peter Finnie, Co-Chair of Q132 and Laurent Thibon, Secretary of Q132 )
Forthcoming Events III Work Sessions on Intellectual Property will take place on Monday, August 30, 2010, in Santiago, Chile.
Further information on this event will be found soon at ACHIPI's website https://www.achipi.cl/
(ACHIPI)


AIPPI World Congress 2010 in Paris - 3 to 6 October 2010
Don't miss the opportunity to join the AIPPI community during its unforgettable international event in Paris.

More than 1,650 participants from 75 countries have already registered. Paris is expected to be one of AIPPI's best attended conferences to date.

Please check the updated programme under https://www.aippi.net/.

À bientôt!
(AIPPI General Secretariat)


AIPPI World Congress 2010 - Preliminary Programme
Detailed information on the meeting as well as the preliminary programme in Spanish is available. https://www.aippi.org/.
(AIPPI General Secretariat)


AIPPI World Congress 2010 - List of workshop moderators and speakers.
  • Pharma I
    Supplementary Protection Certificates (SPCs) and other patent term extensions
    Moderator: Elisabeth Thouret - Lemaître (Cabinet Lavoix - France)
  • Pharma II
    The protection of regulatory data containing IP information
    Moderator: Trevor Cook (Bird & Bird - United Kingdom)
  • Pharma III
    Selected Trade mark Issues concerning the pharmaceutical industry
    Moderator: Peter Widmer (Fuhrer, Marbach & Partner - Switzerland)
  • Pharma IV
    Selected patent issues regarding pharmaceutical inventions
    Moderator: Lawrence T. Welsh (Eli, Lilly and Company - USA)
  • Pharma V
    The impact of the EU Commission pharmaceutical sector enquiry on the pharmaceutical industry
    Moderator: Jean - Christophe Galloux (Université Panthéon - Assas Paris II - France)
  • Workshop I
    Recent developments regarding the patentability of business methods
    Moderator: J.A. Faria Correa (Dannemann, Siemsen, Bigler & Ipanima Moreira - Brazil)
    Speakers: A. Klein (EPO - Germany)
  • Workshop II
    Non–traditional trademarks, in particular 3D trademarks
  • Workshop III
    Patents and green technologies
    Moderator: Bertram Huber (IPSEVA - IP Services for Sustainable Energy Ventures - Germany)
    Speakers: Jeannette Verbart (DSM - Netherlands)
  • Workshop IV
    The use of ADR in IP disputes
    Moderator: Thierry Calame (Lenz & Staehelin Rechtsanwälte - Switzerland)
  • Workshop V
    International Judges Panel on selected patent law issues
    Moderator: Thierry Mollet-Viéville (SCP Duclos, Thorne, Mollet- Viéville & Associés - France)
  • Workshop VI
    Licensing in and out: DOs and DONTs in the US and in Europe
    Moderator: James Pooley (WIPO - Switzerland)
  • Workshop VII
    The conflict between keyword advertising and trade mark and unfair competition law
  • Workshop VIII
    Aspects of the relationship between employer and employee in copyright
  • Workshop IX
    IP tool box
    Moderator: Francis Hagel (CGGVeritas Services SA - France)
    Speakers: Cornelis Schueller (Nestec S.A. - Switzerland)
  • Workshop X
    Update on European Trademark case law at the OHIM and the Court of Justice of the European Union
    Moderator: Charles Gielen (Nauta Dutilh - Netherlands)
  • Workshop XI
    Current IP issues at WTO
    Moderator: Jacques de Werra (University of Geneva - Switzerland)
    Speakers: Wolf Meier-Ewert (WTO - Switzerland)
    Speakers: R.A. de Ouro Preto Santos (Siqueira Castro - Brazil)
  • Workshop XII
    IP litigation throughout Europe – a comparison of selected aspects
  • Workshop XIII
    E-books and authors´ copyrights
(AIPPI General Secretariat)


Working Programme for Hyderabad adopted
The Executive Committee has adopted the working programme for our annual ExCo meeting 2011 in Hyderabad. The Reporter General team will now prepare the Working Guidelines. An introductory session will be held on the occasion of our Paris Congress in October so that we can introduce our ideas about the content of the Questions. All Groups and Independent Members are invited to participate in that session to contribute to the exchange of ideas. The final Working Guidelines will be available after the Congress.
(Article by Jochen Bühling, Reporter General of AIPPI)

Plan ahead your meetings and promote it in our E-News
By letting us have the date, topic and a short description of the seminar, we will make sure that about 9'000 members will get the information regularly and have your event marked in their calendar.
(AIPPI General Secretariat)
GOs & NGOs ECTA 29th Annual Conference Barcelona June 15-19, 2010
The Football World Cup that is currently taking place in South Africa draws 60% of its revenue from the exploitation of Intellectual Property rights.

This fact was recently highlighted by the organizers of the 29th Annual Conference of ECTA (founded in 1980) that took place in Barcelona on June 15-19, 2010.

(Article by Thierry Mollet-Viéville, President of AIPPI)
Articles and notes The Long-Awaited Bilski Decision
Last week, the U.S. Supreme Court issued the long-awaited Bilski decision, with a 5-4 vote affirming the lower courts' decisions to reject the Bilski application which fueled the debate about whether business methods and software would remain patentable in the United States. While at least some business methods and software remain patentable for now, the decision disappointly fails to provide the guidance that the USPTO and patent practitioners were seeking.
(Article by Mark J. Deboy, Sughrue Mion PLLC)

Major changes to UAE IP laws announced
The United Arab Emirates government has announced proposals to introduce major amendments to the country's IP regime. These proposed changes will have an impact across three areas, namely confidential information, patent and design protection, and integrated circuits.

If these proposed amendments are enacted into law then injunctive relief will, for the first time, be available to restrain the mis-use of confidential information. In addition, specific protection will be available for integrated circuits, and a variety of improvements will be introduced to the existing legislation covering patents and designs.

(Article by Rob Deans, partner and André Human, patent attorney)

Expanding Standards of Inequitable Conduct:
Increased Burden of Disclosure on Patent Applicants

Recent cases in the United States have increased the burden on patent applicants to disclose even more information to the United States Patent and Trademark Office in order to avoid a charge of inequitable conduct. Here's a discussion of these cases, as well as what type of information you need to disclose and why.
(Article by James W. Edmonson, partner, Finnegan LLP, Ming-Tao Yang, associate, Finnegan LLP and Raymond M. Gabriel, associate, Finnegan LLP)

Does Your Family Heirloom Infringe?
This Fall, the U.S. Supreme Court will decide a copyright case that may have substantial impact on imports of foreign-made goods bearing copyrighted works. The case involves important policy issues regarding the scope of the “first sale doctrine.”
(Article by Patrick J. Coyne, Finnegan LLP )

In the Matter of Certain Coaxial Cable Connectors: the U.S. International Trade Commission clarifies the domestic industry requirement in patent infringement actions
On April 14, 2010, the United States International Trade Commission (“ITC” or “Commission”) , issued a decision in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same, holding that litigation activities (including patent infringement suits) related to licensing may qualify to meet the economic prong of the domestic industry requirement in patent-enforcement proceedings before the ITC. The decision provides clarity into what is required to meet the domestic industry requirement in ITC proceedings insofar as licensing activities are concerned.
(Article by Kenneth R. Adamo, David M. Maiorana, and Jonathan A. Muenkel)
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AIPPI General Secretariat |Toedistrasse 16 | CH-8027 Zurich | Tel. 44 280 58 80 | Fax 44 280 58 85 | enews@aippi.org | www.aippi.org

This issue was prepared by Ching-Ying Chen, AIPPI General Secretariat
In co-operation with Stephan Freischem, Deputy Secretary General of AIPPI

Communications Committee:
Chair:Esmé du Plessis
Members:Alan J. Kasper
Rainer Beetz
Sun-Ryung Kim
Charters J. Macdonald-Brown
Raffaella Arista
Martin Michaus
Teresa ÓConnor
Hiroyuki Suda
Carolyn Harris
Juan Carlos Cuesta Quintero
Gastón Richelet
Calab Gabriel

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While AIPPI makes every effort to be accurate in the information it transmits, such information is not to be considered as substitute for specific and qualified professional advice. AIPPI accepts no responsibility for opinions expressed in interviews or for the information provided through external web links.
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