No. 22
February 2012
  International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX |CH-8027 Zurich
Tel. 44 280 58 80 | Fax 44 280 58 85 |

 “Download printable fulltext version here.”
AIPPI Bureau New Year's greeting
I would like to take this opportunity to express my sincere wishes to the AIPPI Family for prosperity, good health and the best of luck in the New Year.
(Article by Yoon Bae Kim, President of AIPPI)

Preparation for the Seoul Congress: the Secretary General Team visits Seoul
Stephan Freischem (Secretary General); Laurent Thibon (Deputy Secretary General); and, Cinzia Petruzzello from the General Secretariat, joined the AIPPI President, Yoon Bae Kim, and the Congress Organizing Committee in Seoul in December 2011 for a two days visit. The visit included a meeting with members of the Korean Group involved in the organization of this year’s Congress and with the team of the Professional Conference Organizer. We inspected the venues for the different events of Seoul Congress and we expect an exciting meeting in the modern capital of South-Korea.
(Article by Laurent Thibon, Deputy Secretary General of AIPPI)
AIPPI Committees Report: Programme Committee, Amsterdam, January 9, 2012
During its meeting in Amsterdam on January 9, 2012, the Programme Committee discussed a number of issues concerning the scientific program for the Seoul Congress 2012 as well as the Helsinki Forum/ExCo meeting 2013. Thierry Calame, our Reporter General, was present at the meeting.
(Report by AIPPI Programme Committee)
AIPPI Congress 2012 Working Guidelines for the Seoul Working Questions
The Working Questions for Seoul 2012 are:

Q229 The use of prosecution history in post-grant patent proceedings

Q230 Infringement of trademarks by goods in transit

Q231 The interplay between design and copyright protection for Industrial products

Q232 The relevance of traditional knowledge to intellectual property Law

Please click the Question to access the respective Working Guidelines. We would like to encourage all Members to actively support their National or Regional Group by participating in the study of the Questions. If you wish to participate, please report to the President and / or Secretary of your Group. We wish the Groups the best of success with their studies and are looking forward to receiving Group Reports by Friday, May 18, 2012.

(AIPPI General Secretariat)

AIPPI 43rd World Intellectual Property Congress, October 20-24, 2012, Seoul, Korea
Our forthcoming international Congress will take place in Seoul, Korea and we expect to welcome more than 2000 participants from all over the world, having their area of practice in all fields of intellectual property. Take advantage of this unique opportunity to reach a wide audience and become a sponsor, an exhibitor or even a media partner for this event.
(AIPPI General Secretariat)
Forthcoming Events AIPPI China/Asia IP Seminar, April 11-12, 2012, Beijing, China
The Chinese National Group, in co-operation with the Bureau of AIPPI, is pleased to invite you to the 2012 China/Asia IP Seminar in Beijing, China on April 11 and 12, 2012.

The programme brochure with the registration form is now available here and on the meetings section of our website

(AIPPI General Secretariat)
National Groups Report on meeting of UK Group members to discuss the recent UK Supreme Court decision of HGS v Eli Lilly
In November 2011 the UK Group held an event attended by about 60 members to discuss the Supreme Court decision in HGS v. Ely Lilly. The case is of interest because: (i) it provides guidance on the application of the test for industrial applicability to biotechnology inventions; (ii) unusually, an amicus brief was filed and was influential; and (iii) the court strived to reach the same conclusion as the EPO, in circumstances where the courts below (the Patents Court and the Court of Appeal) had decided the case differently. The speakers included Dr. Ursula Kinkeldey, former Chair of EPO Technical Board 3.3.04 and member of Enlarged Board of Appeal, who provided valuable insight into the body of EPO case law that was ultimately followed by the Supreme Court.
(Article by Ashley Roughton, UK National Group Reporter, Hogarth Chambers, Lincoln's Inn, London, United Kingdom)

SPCs - RAPID RESPONSE to Medeva and Georgetown CJEU judgment
In November 2011 the UK Group organized an event to discuss the recent Court of Justice decisions in (C322/10) Medeva and (C422/10) Georgetown University et al concerning the requirements of Articles 3 (a) and (b) of the SPC Regulation (EC/469/2009). These decisions have been eagerly awaited in the hope that they would clarify the uncertainty that has led to several references to the CJEU concerning how the SPC Regulation should be interpreted in the context of combination products where there is a mismatch between the active ingredients covered by the marketing authorization and the active ingredients covered by the patent.
(Article by Ashley Roughton, UK National Group Reporter, Hogarth Chambers, Lincoln's Inn, London, United Kingdom)
GOs & NGOs FICPI World Congress, April 15-21, 2012, Melbourne, Australia
A FICPI World Congress is an excellent opportunity to influence the future direction of intellectual property law worldwide by observing and participating in discussions with leading professionals, the judiciary and IP authorities. An impressive technical programme featuring high profile speakers from around the globe is being developed, along with a social and tours programme showcasing the finest Melbourne has to offer.

For the first time, this Congress will feature parallel streams enabling a choice for you to attend. FICPI intends to seek CLE credit from the JPAA for the Melbourne Congress 2012.

To register your interest in attending, please click here. Further information is available at

Articles and notes USPTO Self-Report on Track I Prioritized Examination
On September 26, 2011, the U.S. Patent Office implemented a new system for obtaining prioritized examination of certain applications following passage of the America Invents Act. This “Track I” Prioritized Examination permits applicants to have their patent applications examined to a final disposition within 12 months for a fee of $4800 ($2400 for small entities). Some of the requirements and conditions for participation in the program are provided herein. This system is important to applicants who have an urgent patent enforcement or licensing program, patent pool requirement or PPH strategy.
(Article by Anne L. St. Martin, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., Alexandria, Virginia, USA)

New Era of Thai Trade Mark Law
After a prolonged period, the Council of State and the Cabinet has approved a draft amendment to the Thai Trade Mark Bill, which is currently under final consideration by the Parliament. It expected to bepublished in the Royal Gazette and come into force in approximately June 2012.

The draft amendment to the Thai Trade Mark Bill contains several significant amendments to the Thai trade mark registration system. In this article, we will highlight only the most two important issues which are:
  • The definition of the term “Mark”and
  • The distinctive status of a trade mark
The Department of Intellectual Property, which is the competent authority in such matters, believes that it will expand the scope of trade mark protection in Thailand, and facilitate and accelerate the registration process.
(Article by Panisa Suwanmatajarn, Siam Premier International Law Office Limited, Bangkok, Thailand)
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AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX | CH-8027 Zurich | Tel. 44 280 58 80 | Fax 44 280 58 85 | |

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
Johnny Fiandeiro
Bill Mayo
Petri Rinkinen

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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