No. 35
April 2014
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International Association for the Protection of Intellectual Property
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 AIPPI Bureau
 AIPPI 2014 Toronto Congress
 Forthcoming Events
 Articles and notes
 National Groups

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AIPPI Bureau
AIPPI Bureau Meeting in Tokyo: 14-17 March 2014
(John Bochnovic, President of AIPPI)
Bureau members were in Tokyo from 14-17 March 2014 for the Bureau's Annual Spring face-to-face meeting and in conjunction therewith, AIPPI Japan organised a one-day IP Seminar. Some Bureau members also took part in visits with the Commissioner of the JPO, the Chief Judge of the IP High Court and the Secretariat of AIPPI Japan.
The Annual visit to the EPO by a delegation of the Bureau of AIPPI
(Laurent Thibon, Deputy Secretary General)
A delegation of the Bureau of AIPPI visited the EPO on 12 February this year. The AIPPI delegation was composed of John Bochnovic, President, Felipe Claro, Vice-President, Stephan Freischem, Secretary General, Laurent Thibon, Deputy Secretary General, John Osha, Deputy Reporter General, and Ralph Nack, Chair of the Patents Committee.
Visit to Independent members in Asia
(Laurent Thibon, Deputy Secretary General)
In March this year, after the Bureau meeting in Tokyo, a delegation of the Bureau visited Asian Independent members of AIPPI. The visited regions were Taiwan, Hong Kong and Vietnam.
Prior User Rights — Patents Committee
(Thierry Calame, Reporter General of AIPPI)
AIPPI intends to study prior user rights and adopt a Resolution on the topic at the upcoming Executive Committee Meeting in Toronto. Members of the Patents Committee and the Reporter General Team have prepared a Questionnaire to this effect. The National and Regional Groups have been requested to respond to the Questionnaire by April 30, 2014.
AIPPI 2014 Toronto Congress
Registration for Toronto is open
(Laurent Thibon, Deputy Secretary General)
The next AIPPI Congress will be held in Toronto, Canada, from Sunday 14 September to Wednesday 17 September 2014. Toronto awaits you. This Congress of AIPPI will be a fabulous opportunity for AIPPI members to exchange views about IP topics and to network in the city of Toronto.

Don't miss the opportunity to register for the AIPPI 2014 Toronto Congress, by 9 June 2014 in order to take advantage of the reduced registration fees. Registration is open at

Download the Preliminary Programme.
Download the Accomodation & Social Events brochure.
Announcing the Workshops for AIPPI Congress in Toronto
(Thierry Calame, Reporter General of AIPPI)
The preparations for the educational programme of the AIPPI Congress in Toronto are well under way. The Congress will again offer 12 Workshops over three days (Monday through Wednesday, 15-17 September 2014) covering a wide array of hot topics in intellectual property law such as IP implications of 3D printing, cross-border infringement of IP rights, freeriding and parasitism, computer implemented inventions, use of survey evidence in trademark cases, as well as copyright aspects of embedding, framing and linking. Following on from the success of the mock patent trials at the Boston Congress in 2008 and the Seoul Congress in 2012, the Toronto Congress will showcase a mock International IP arbitration. The mock participants will include leading IP arbitrators and litigators from around the world conducting the arbitration of a design case. Finally, building on the success of the Pharma Day at previous meetings, 4 out of the 12 Workshops will again be special pharma Workshops dedicated to topical issues in the pharmaceutical industry such as requirements for disclosure of utility or industrial applicability, biosimilars, PTEs and SPCs, as well as early resolution mechanisms for patent disputes regarding approved drug products.
Here is a description of all of the Workshops.
AIPPI 2014 Toronto Congress - cultural evening (15 September 2014)
(Philip C. Mendes da Costa, Chair Organizing Committee)
The cultural evening is a centre point of the AIPPI Congress and allows participants to be exposed to the local culture of their host country. A challenge for the Organizing Committee was how to show off the culture of Canada (a country that spans 4 and a half time zones) in one night without a lot of travel. We will achieve this with our Taste of Canada.
AIPPI 2014 Toronto Congress, Sponsorship opportunity
(Toronto 2014 Organizing Committee)
With only 5 months to go before the AIPPI 2014 World Intellectual Property Congress in Toronto, now is the time to become a sponsor or exhibitor. There are still plenty of great sponsorship opportunities available. We encourage you to review the Sponsorship and Exhibition brochure at
Forthcoming Events
April 2014:  World IP Day 2014
26 April marks the World Intellectual Property Day. Since the year 2000, WIPO has been celebrating together with its member states this date as a tribute to innovation and creativity. The theme of this year is Movies: a global passion. It offers a unique opportunity for all those who professionally deal with IP protection and those who enjoy IP protected content in their private lives to share their experiences and knowledge around the world as well as in their local communities. It also creates a space for discussions around the role of IP in today's societies and economies and about the current status of IP systems in different countries. Such discussions should enhance the acceptance of IP protection and also create new ideas for the future. AIPPI encourages all its members to take an active part in the celebrations in their countries. For further information please refer to the World IP Day web page.
May 2014:  AIPPI booth at INTA Annual Meeting, Hong Kong, 10-14 May 2014
(AIPPI General Secretariat)
AIPPI will be at the INTA annual meeting. Come and visit us at booth no.138 and 140 in the Exhibition hall to gather information and gadgets of Toronto, Canada and Rio de Janeiro, Brazil (Host cities of the AIPPI events in 2014 and 2015).
June 2014:  33rd Annual Conference, 18-21 June 2014
The 33rd ECTA Annual Conference will take place this year in Alicante (Spain), 18-21 June, 2014. This conference on Trade Marks and Designs will celebrate the 20th Anniversary of the European Community Trade Mark. More information is available at
November 2014:  FICPI 15th Open Forum, Barcelona, 5-8 November 2014
The FICPI 15th Open Forum in Barcelona will take place on 5-8 November 2014.
Articles and notes
Australia: Generic pharmaceuticals and competition law: ACCC v Pfizer
(Matthew Swinn, Corrs Chambers Westgarth, Melbourne, Australia)
The Australian Competition and Consumer Commission has recently commenced proceedings against Pfizer alleging misuse of market power and exclusive dealing, marking the ACCC's first public foray into issues relating to patent expiry strategy.
Colombia: Colombian Government tightens rules against Consumer Protection Law infringements
(Diego Pardo Amézquita, Pinzón Pinzón & Asociados S.A., Bogota, D.C., Colombia)
Colombia's consumer rights enforcement bureau has recently issued a number of decisions that provide guidelines for the proper understanding and implementation of the relatively new Consumer Protection Statute (2012). In particular, producers and retailers of goods and services may now be held accountable for not providing sufficient information and/or for disseminating false advertising.
Germany: Public Consultation on the Review of EU Copyright - AIPPI Files Answers
(Jan Bernd Nordemann, BOEHMERT & BOEHMERT, Berlin, Germany)
In Paris 2010 and Hyderabad 2011, AIPPI intensively debated copyright in the digital age. In December 2013, the European Commission launched the “Public Consultation on the Review of the EU Copyright Rules”. With a questionnaire, the European Commission invited stakeholders to share their views on a reform of EU copyright law in the further progressing digital age. AIPPI’s Special Committee Copyright in cooperation with AIPPI’s Bureau filed answers to this questionnaire.
Germany: Proposal for a Trade Secrets Directive
(Karolina Schöler, HARTE-BAVENDAMM Rechtsanwälte, Hamburg, Germany)
By a proposal for a Directive on the protection of trade secrets the European Commission seeks to harmonize the law in this important area and to strengthen the ability of companies in the European Union to innovate and compete.
Switzerland: Swiss law: The Emirates Airline company gets back the domain
(Thomas Widmer, LALIVE, Geneva, Switzerland)
Following a recent WIPO decision on the “” domain name, it is discussed to which extent, under Swiss law, inactive domain names may infringe Intellectual Property rights.
UK: Apple & Samsung - Post-judgment patent amendment at the EPO
(Gary Moss, EIP, London, UK)
This report relates to the worldwide litigation between Apple and Samsung: this latest judgment comes from the English Court of Appeal and involves Samsung being allowed to centrally amend their patent at the EPO after a first instance trial.
US: Sherlock Holmes and the Peculiar Case of the Partial Copyright
(Uli Widmaier, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, USA)
Can modern authors freely draw on the elements from Sir Arthur Conan Doyle's Sherlock Holmes stories, some of which are in the public domain while others remain copyright-protected? The answer, my dear Watson, is anything but elementary — a resounding “It Depends,” according to Klinger v. Conan Doyle Estate Ltd, -- F. Supp. 2d --, 2013 WL 682493 (N.D. Ill. Dec. 23, 2013).
US: U.S. Supreme Court creates new standard for false advertising claims
(Uli Widmaier, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, USA)
In Lexmark Int'l, Inc., v. Static Control Components, Inc., No. 12-873 (March 25, 2014), the U.S. Supreme Court held that a party alleging false advertising must show “an injury to a commercial interest in sales or business reputation proximately caused by the defendant's misrepresentations.” This holding creates a new standard for false advertising claims and invalidates familiar legal doctrine.
National Groups
Spain: AIPPI - 50th anniversary of the Spanish Group
(Pedro Merino, Vice-President of the Spanish Group)
The Spanish National group of AIPPI recently celebrated its 50th anniversary in Barcelona. Personalities from national and international IP institutions, as well as numerous Spanish Judges, Professors, Lawyers, Trademark and Patent Attorneys and Spanish companies participated in the event.
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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 and the Communications Committee:
Chair: Charters Macdonald-Brown
Members: Johnny Fiandeiro
  Kristian Fredrikson
  Klaus Haft
  Bernardo Herrerias
  Jehyun Kim
  Emmanuel Larere
  Bianca Manuela Gutierrez
  Bill Mayo
  Petri Rinkinen
  Robert Sacoff
  Ana de Sampaio
  Matthew Swinn

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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