No. 16
January 2011
  International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 | CH-8027 Zurich
Tel. 44 280 58 80 | Fax 44 280 58 85
enews@aippi.org | www.aippi.org
 

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Contents
AIPPI Bureau New Year greeting
I would like to take this opportunity to express my sincere wishes to all AIPPI members for prosperity, good health and the best of luck in the upcoming New Year.
(Article by Yoon Bae Kim, President of AIPPI)

Resolutions adopted in Paris
The Working Programme for the 2010 Congress in Paris comprised five Working Questions. While the first Question dealt with an issue which had already been subject of a Resolution in Boston in 2008, the other four questions concerned new issues, some of which AIPPI has not previously studied. In all five Questions, the ExCo was able to adopt a Resolution which provides guidance for future harmonization of the law. The Resolutions have been disseminated by the Bureau and the National Groups to the relevant authorities and bodies so that they can make use of the Resolutions. The full texts are available on our website (www.aippi.org).
(Report by Thierry Calame, Reporter General of AIPPI)

The 58th APAA Council Meeting, October 16-19, 2010
The Asian Patent Attorney Association (APAA) holds a Council Meeting every year and a General Assembly once every three years at various locations within the Asian Region. The 58th APAA Council Meeting was held at the International Convention Center (ICC) in Jeju, the Republic of Korea, from October 16 to 19, 2010. Approximately 1,450 IP experts and their accompanying persons, including observers from 18 countries and 12 organizations from around the world, attended the meeting. In principle, APAA's meeting is open only to members from the Asian region but, as an exception, practitioners from other regions, including Europe, America, and the Middle East, have been admitted as observers.
(Report by Yoon Bae Kim, President of AIPPI)

AIPLA Annual Meeting in Washington, DC, October 21-23, 2010
The annual meeting of the AIPLA traditionally held in October in Washington brings together the US IP community from private practice and industry, senior management of the USPTO and the judiciary, particularly from the United States Court of Appeals for the Federal Circuit (CAFC). The program had a broad cross section of current IP topics for discussion as well as an annual review of jurisprudence and developments.
(Report by John Bochnovic, Vice President of AIPPI)

5th International Cultural and Creative Industry Expo, November 17-19, 2010
The 5th China (Beijing) International Cultural and Creative Industry Expo (ICCIE) was held in Beijing, China from November 17 to 19, 2010. I was invited to attend this event on behalf of AIPPI as one of the speakers.
(Reportby Yoon Bae Kim, President of AIPPI)

The Secretary General Team visits Hyderabad
Hyderabad is the destination of the next AIPPI event: the Forum and Executive Committee Meeting 2011. Hyderabad, with a population of more than 6 million people, is the sixth largest city of India. It is the capital of the Andhra Pradesh State, an old historical city and at the same time a very modern and fast growing new Indian city. Its location renders it easily accessible from all parts of India and a large number of international airports. The Convention Center and the hotels selected for the AIPPI Forum & ExCo are located in the new sector of Hyderabad.
(Article by Laurent Thibon, Deputy Secretary General)
Forthcoming Events AIPPI Forum & ExCo 2011 in Hyderabad, India
Sponsorship opportunity at AIPPI Forum and ExCo meeting in Hyderabad (India) from 13-18 October 2011
(AIPPI General Secretariat)
National Groups AIPPI-US holds International IP Forum and Annual Meeting and names new officers and executive committee members
(US AIPPI Group)

New judge in charge of Patents County Court in London explains how the new streamlined procedures will be working in practice.
The AIPPI UK Group held an evening speaking event in London on the 17th November 2010, which was attended by 160 members and others interested to hear a talk and answers to questions by the new judge of the Patents County Court, His Honour Judge Birss Q.C Judge Birss has been in office since the 1st of October 2010 and has already issued a number of decisions to indicate how the new streamlined procedures will work in practice.
(Report by Ashley Roughton, UK Group Reporter)
Articles and notes The EU Patent – latest developments
Two opinions
  1. Unitary Patent for Europe
  2. Notwithstanding many years of negotiations, as 2010 closed, EU Member States again failed to agree on the creation of an EU-Patent. The European Commission presented a proposal which opened the way for an "enhanced cooperation" among a reduced number of EU Member States to create unitary patent protection. However, in view of the undisputed importance of a European patent system for competition and innovation, in particular, for European companies, the idea of "enhanced cooperation" leading to a split regime of patents within the European Union can only be regarded as an unsatisfactory compromise, and never as a final resolution.
    (Article by Christian Osterrieth, Attorney at Law, Reimann Osterrieth Köhler Haft)

  3. EU Patent and the EEUPC Agreement
  4. The last three months were characterized by ever-changing news about the progress, or more appropriately, non-progress, of the future legal order in patent law in Europe. It is, therefore, not easy to give a consistent report of the developments. It is even less easy to predict any end result, since so far nothing is definite. Additional time will be needed before even one of the two pillars, the EU patent or the EEUPC, is embedded in solid ground. It appears that the majority of the Member States of the group that has opted for “enhanced cooperation ” in view of the unitary patent are the same countries who had worked together in the Subgroup of the EPLA Working Party. At least for the time, until the first proposals have been accepted for both the unitary patent and the court system, agreement among a smaller number of participating Member States may be very attractive.
    (Article by Jochen Pagenberg, Attorney at Law, Bardehle Pagenberg GbR)
Argentinean PTO backtracks and repeals recently imposed time restrictions for filing voluntary divisional patent applications
On November 26, 2010 Resolution 198 was published in the Official Gazette.

By means of said Resolution, the PTO repeals Articles 1 and 3 of the recently issued Resolution 147 by which new time restrictions were imposed for filing voluntary divisional patent applications.

Based on this new Resolution the old divisional practice for filing voluntary divisional applications is formally now declared again in force.

However, Resolution 198 leaves in force Article 5 of Resolution 147 which addresses the case of the filing of successive divisional applications.

(Report by Gastón Richelet, Argentinean Group Reporter)

Yemen: A New Law on Trademarks and Geographical Indications
The Yemeni General Department for Intellectual Property Protection of the Ministry of Industry and Trade issued on November 22, 2010 Law no. 23 regarding trademarks and geographical indications. This law will come into force on February 23, 2011.
(Report by Zeina Salameh, Saba & Co. IP, Lebanon)

Summary of the major IP developments in 2010
This year the countries of the Middle East/North Africa (MENA) region witnessed many developments that have affected the scope of the Intellectual Property protection and enforcement framework, including the adoption of border protection measures and the introduction of new intellectual property laws. These major developments are expected to change the way business entities and administrative bodies handle intellectual property issues in the region.
(Report by Zeina Salameh, Saba & Co. IP, Lebanon)
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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, Secretary General of AIPPI

Communications Committee:
Chair:Charters Macdonald-Brown
Members:Alan J. Kasper
Klaus Haft
Jehyun Kim
Kristian Fredrikson
Raffaella Arista
Martin Michaus
Carolyn Harris
Gaston Richelet
Emmanuel Larere

Disclaimer:
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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