No. 23
March 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 Congress 2012 AIPPI booth at INTA Annual Meeting, Washington DC, U.S.A., 5-9 May 2012
AIPPI will be at the INTA annual meeting. Come and visit us at booth no. 629 in the Exhibition hall to gather information and gadgets of Seoul, Korea and Helsinki, Finland (Host cities of the AIPPI events in 2012 and 2013).
(AIPPI General Secretariat)

AIPPI 43rd World Intellectual Property Congress, 20-24 October, 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)

AIPPI 43rd World Intellectual Property Congress, important dates and deadlines.
Important deadlines to be noted.
(AIPPI General Secretariat)
Forthcoming Events The First International AMPPI Conference will be held from 21 to 23 March 2012 in Mexico City
It is our pleasure to invite all members of AIPPI and their fellow colleagues to our first International Conference that will take place in Mexico City on 21 to 23 March, 2012, organized by the Mexican Chapter of AIPPI.

The main theme of the event is the “Current Situation of IP in the World”. The Conference will open with a reception the evening of 21 March, and will last for one and a half days.

On Thursday, 22 March, the event will begin with the opening remarks addressed by Mexican Intellectual Property Officers. We are honored to have as Guest Speaker for the opening, Mme. Margarita B. Luna Ramos, Justice of the Mexican Supreme Court.

At the opening we will also be joined by representatives of various National and International IP Professional Associations.

Throughout the day, the panels will focus on different interesting IP topics such as: Distinctive Signs and International Trade, including Denominations of Origin and Geographic Indications; Functionality, Dilution and Secondary Meaning: The Louboutin Case; Selected IP Topics such as: Boarder Measures, Digital Copyright Legislation and Policy.

On Friday, 23 March, the topics will move to Invention Trends such as Recent Amendments to the US Patent Law; New Creations: Business Methods and Software Patents; Patent Prosecution Highway (PPH) and Latin American Judicial Criteria.

We are grateful to have highly recognized and experienced National and International professionals as well as representatives of the Judiciary from Mexico and abroad as speakers.

AMPPI (Asociacion Mexicana para la Protección de la Propiedad Intelectual) will be delighted to welcome you in Mexico.

The invitation card is here and for further information please visit our website at

(Mexican Group of AIPPI)

FORUM Institute U.S. Patent Reform Conference will be held from 2 to 4 April 2012 in Munich, Germany
We are especially honoured to have with us the Director of the United States Patent and Trademark Office, Mr. David J. Kappos, who will update you on the implementation of the America Invents Act and discuss the draft rules with European practitioners.

Two distinguished panels of international experts will discuss with you patenting strategies and patent dispute strategies in the wake of the U.S. Patent Reform. Don't miss the opportunity to join us for this unique conference in Europe's patent capital.

As an AIPPI member, you will receive a rebate of 15% of the regular participation fee (reduced fee of € 1434 instead of regular fee of € 1580). Please use the special registration website reserved for AIPPI members (rebate will appear after finalizing the registration).

More information on

(FORUM Institut für Management GmbH)

The AIPPI China/Asia IP Seminar will be held from 11 to 12 April 2012 in Beijing
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
(Chinese Group of AIPPI)
National Groups The XXVII Symposium on Industrial and Intellectual Property organised by the Spanish AIPPI Group
The XXVII Symposium on Industrial and Intellectual Property of the Spanish Group of AIPPI was held in Barcelona on 16 and 17 February 2012.

The working conferences, attended by 155 professionals, focused on the latest and expected future developments in the field of industrial and intellectual property. The Symposium was opened by Mr. José Luis Bonet, President of the Fira de Barcelona, of ANDEMA and of the Forum of Renowned Marks , and was officially closed with a brief speech by the Director General of the Spanish Patent and Trademark Office, Mr. Alberto Casado.

(Article by Spanish Group of AIPPI)
Articles and notes Genuine use under European trademark Law: New guidance from the Court of Justice of the European Union
The German Federal Court of Justice (Bundesgerichtshof/BGH) asked the Court of Justice, in two cases, PROTI (decision of 17 August 2011, I ZR 84/09) and Stofffähnchen II (Small Red Flag I) (decision of 24 November 2011, I ZR 206/10), for clarification regarding the use requirement for registered trademarks. In late January 2012, the Court of Appeal for England and Wales also started preliminary ruling procedures on similar issues concerning the use of components of combined marks (Specsavers, judgement of 31 January 2011, A3/2010/2581). The answers to be given by the Court of Justice may have far-reaching legal and economic consequences for the trademark portfolios of many brand owners.
(Article by Karolina Schöler, HARTE-BAVENDAMM Rechtsanwälte, Hamburg, Germany)

Seniority – a good idea or not?
Claiming “seniority” is a feature of the Community Trade Mark system, and is used by many proprietors of earlier trade marks registered in a Member State. However, before allowing an earlier trade mark to lapse, with a view to relying on seniority only, an assessment of the consequences is recommended. In particular, proprietors of trade marks having a reputation and of trade marks genuinely used only in one member state should be careful before abandoning earlier trade marks.
(Article by Bo Davidsson and Hanna Lundström, AWAPATENT AB, Stockholm, Sweden)

Significant Changes to U.S. Patent Fees Proposed
The United States Patent and Trademark Office (USPTO) has published proposed fee changes to gather public comment and feedback before they are finalized. The changes include significant increases in several important fees and the creation of new fees. The fee changes are designed to help the agency reduce the backlog of unexamined patent applications and decrease examination wait times.
(Article by Rich Christiansen and John Carson, Knobbe Martens Olson & Bear, San Diego, California, United States)

Trademark counterfeiting and spare parts - Recent decision of the Italian Supreme Court
Italy's Court of Cassation has recently ruled that the sale of replacement wheeltrims bearing, as with the original component, the car manufacturer's trademark, does not constitute trademark counterfeiting under the Italian Penal Code. According to the Court, counterfeit-related offences protect the trademark only as a distinctive sign, whilst in the market of components for motor vehicles the car manufacturer’s trademark serves an “aesthetic-descriptive” purpose. In the Court's view, holding otherwise would compromise the right to copy the component in order to restore the original appearance of the product.
(Article by Luigi Manna, Lavagnini, Goglia & Partners, Milan, Italy)

Amendment of IP Laws in Hungary
At the end of 2011 the Hungarian Parliament adopted Act CLXXIII of 2011 on the amendment of certain intellectual property Acts. The provisions of the 2011 Act entered into force on 1 January, 2012. The amendment concerns mainly the Patent Act and the Copyright Act and also delegates new competencies to the Hungarian Intellectual Property Office.
(Article by Eszter Szakács, Sár and Partners Law Firm, Budapest, Hungary)

Report from the 8th WTO Ministerial Conference December 15-17, 2011
The 8th WTO Ministerial Conference took place in Geneva from 15 to 17 December 2011. AIPPI was represented as an observer. Ivan Hjertman and Melanie Jose, the Chair and Secretary, respectively, of AIPPI Special Committee Q94 WTO/TRIPS, attended the conference on behalf of AIPPI. A joint report from the conference, covering, among other issues, the accession of four new WTO Members, among them The Russian Federation, and various TRIPS issues, is available here.
(Article by Ivan Hjertman, IP Interface AB respectively Australian Customs and Border Protection Service,Stockholm, Sweden and Melanie Jose,IP Interface AB respectively Australian Customs and Border Protection Service, Canberra, Australia)
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The e-News is a bimonthly electronic publication of AIPPI, 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 | |

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:Raffaella Arista
Johnny Fiandeiro
Kristian Fredrikson
Carolyn Harris
Klaus Haft
Alan J. Kasper
Jehyun Kim
Emmanuel Larere
Martin Michaus
Bill Mayo
Gaston Richelet
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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