2019 AIPPI World Congress – London
September 15 - 18

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All AIPPI Members are invited to register for the 2019 AIPPI World Congress in London, which will be held at the Queen Elizabeth II Centre and Central Hall Westminster, September 15-18, 2019.

PARTICIPANT REGISTRATION INCLUDES:

•  Congress bag and materials
•  Opening Ceremony, Welcome Reception, and Cultural Evening
•  Access to Congress sessions (more information available on our website              under Programme at a Glance)
•  Coffee breaks and Networking Lunches (September 16-18, 2019)
•  Exhibition area access
•  Purchase of Lunch Sessions with Keynote speakers for only GBP 50
•  Purchase of Closing Dinner Ticket for only GBP 90

NON-AIPPI MEMBER REGISTRATION INCLUDES:

The identical offerings to an AIPPI member registration, however AIPPI members receive a discount.

The following rules will apply for Non-members:

  • Non-members who have attended a previous AIPPI World Congress cannot register as a non-member again
  • The non-member cannot benefit from the discounts offered to young members, students and academics
  • During the Congress, the non-member badge will clearly identify the person’s status within AIPPI

 

ACCOMPANYING PERSONS REGISTRATION INCLUDES:

  • Opening Ceremony and Welcome Reception
  • Cultural Evening
  • 1 Excursion
  • Purchase of Closing Dinner ticket for only GBP 90

Accompanying Persons registration is designed for significant others, family members and friends who will not be attending the Congress itself but would like to accompany the participant to London. Each participant should register their respective Accompanying Person(s) on their own registration form. The accompanying persons fee will then be added to the registration and final invoice.

 

AIPPI MEMBERS

REGULAR REGISTRATION

Registration Fees From April 3, 2019 to June 12, 2019 From June 13, 2019 to August 14, 2019 From August 15, 2019 and Onsite
AIPPI Member GBP 1,400 GBP 1,960 GBP 2,450
Young AIPPI Members (less than 36 years old) / Students 50% of the above indicated fees
Full-Time Academic Professionals 50% of the above indicated fees
Accompanying Person GBP 350 GBP 490 GBP 620
Closing Dinner GBP 90

NON-AIPPI MEMBERS

JOIN & REGISTER

You may be able to join AIPPI and register for the Congress in one single step.

 

The National Groups in Australia, Brazil, Bulgaria, Canada, Colombia, Croatia, Czech Republic, Denmark, Egypt, France, Germany, Hungary, India, Italy, Republic of Korea, Latvia, Mexico, New Zealand, Pakistan, Panama, Portugal, Russia, Serbia, South Africa, Sweden, Switzerland, Thailand, UK and the USA have allowed IP professionals residing in those countries to join the respective National Group of AIPPI when they register for the Congress, for an additional payment of CHF 200 (payable only by Visa or MasterCard)…see more.

REGISTER AS NON-MEMBER

Attending as a non-member is a one-off opportunity. The non-member registration inclusions are identical to an AIPPI member registration, however AIPPI members receive a discount.

Registration Fees From April 3, 2019 to June 12, 2019 From June 13, 2019 to August 14, 2019 From August 15, 2019 and Onsite
Non-AIPPI Member GBP 1,750 GBP 2,450 GBP 3,063
Accompanying Person GBP 350 GBP 490 GBP 620
Closing Dinner GBP 90
Payment information

Payment of the Congress Registration must be made via credit card (Visa or MasterCard only) or bank transfer. Relevant details are available upon completion of registration. Please be informed that when paying by bank transfer, the total registration amount must be received by AIPPI within 15 days of submitting the application for registration. Without a payment confirmation, the registration is incomplete and the individual will not be considered as registered for the Congress. The incomplete registration may be automatically cancelled without further notice. Please note that the deadline to pay by Bank Transfer is July 15, 2019. After this date, only payments by credit card (Visa or MasterCard) will be accepted.

Any cancellations or requests for changes must be sent in writing to the AIPPI General Secretariat by contacting registration@aippi.org

 

For cancellations received before July 15, 2019, the registration fee will be refunded (less GBP 150 for administrative costs). After this date, no refund will be possible.

 

Requests for modification of a registration are free of charge until July 15, 2019. After that date, a handling fee of GBP 150 per modification will be charged.

 

The registration for the Congress is personal and non-transferable.

 

In case of a visa refusal, a refund will only be possible if the refusal is communicated to the General Secretariat two weeks prior to the start of the Congress and the visa has been requested three months prior to the start of the Congress. Please provide a copy of the letter refusing the visa.

 

All refund requests will be reviewed and processed after the Congress, should it be profitable.

All  are invited to register for the 2019 AIPPI World Congress in London, which will be held at the Queen Elizabeth II Centre and Central Hall Westminster, September 15-18, 2019.

 

There are 3 Congress Registration periods in which prices will increase gradually:

Early Bird Registration period: From April 3 to June 12, 2019

Regular Registration period: From June 13 to August 14, 2019

Onsite Registration period: From August 15 to September 18, 2019

 

Participant registration include:

  • Congress Bag and materials
  • Congress Badge
  • Opening Ceremony and Welcome Reception
  • Access to Congress sessions (more information available on our website under Programme at a Glance)
  • Cultural Evening
  • Coffee Breaks and Networking Lunches (September 16-18, 2019)
  • Exhibition Area access
  • Purchase of Lunch Sessions with keynote speakers for only GBP 50
  • Purchase of Closing Dinner ticket for only GBP 90
  • Special discount for Young Members (under the age of 36), Students and Full-time Academic Professionals

 

View full Terms and Conditions, HERE.

Programme at a Glance   Print Programme at a Glance

Study Questions
Panel Sessions
Pharma Day
Lunch Sessions
Plenary Sessions
SC Meetings
Invitation-Only Events
Administrative Sessions
Sunday, September 15, 2019 - 09:00-15:30
Copyright in artificially generated works
Sunday, September 15, 2019 - 09:00-15:30
Consumer survey evidence
Sunday, September 15, 2019 - 09:00-15:30
IP damages for acts other than sales
Sunday, September 15, 2019 - 09:00-15:30
Plausibility
Sunday, September 15, 2019 - 17:30-18:30
Introduction to 2020 Study Questions
Monday, September 16, 2019 - 09:00-10:30
PS I: The art of IP – museums & architecture
Monday, September 16, 2019 - 11:00-12:30
PS II: In-house perspectives on IP enforcement
Monday, September 16, 2019 - 14:00-15:30
PS III: Describe your best defense: trade mark infringement or not?
Monday, September 16, 2019 - 16:00-17:30
PS IV: Protecting trade secrets in the EU – new and improved?
Tuesday, September 17, 2019 - 09:00-10:30
PS V: BREXIT and IP: an update
Tuesday, September 17, 2019 - 11:00-12:30
PS VI: Forming portfolios for FRAND licensing: who decides?
Tuesday, September 17, 2019 - 11:00-12:30
PS IX: Seize the day – customs and border control
Tuesday, September 17, 2019 - 14:00-15:30
PS X: Right on the money – IP and finance
Tuesday, September 17, 2019 - 14:00-15:30
PS VII: Post-grant amendments: flexibility or certainty?
Tuesday, September 17, 2019 - 16:00-17:30
PS XI: Keep your hands off my brands
Tuesday, September 17, 2019 - 16:00-17:30
PS VIII: Patents and Artificial Intelligence: what’s next?
Wednesday, September 18, 2019 - 09:00-12:30
PS XII: MOCK - Designs on trial
Wednesday, September 18, 2019 - 09:00-10:30
PS XIII: A platform for discussion: liability & safe harbour
Wednesday, September 18, 2019 - 11:00-12:30
Hot Topics
Monday, September 16, 2019 - 09:00-10:30
Pharma 1: Wait! Pay for delay
Monday, September 16, 2019 - 11:00-12:30
Pharma 2: Patent Linkage: an international perspective
Monday, September 16, 2019 - 14:00-15:30
Pharma 3: Hot and hostile: recent developments in SPCs and patent term extensions
Monday, September 16, 2019 - 16:00-17:30
Pharma 4: Antibodies and epitope/competitive claims
Monday, September 16, 2019 - 12:30-14:00
Lunch Session 1: An update from USPTO Director Andrei Iancu
Tuesday, September 17, 2019 - 12:30-14:00
Lunch Session 2: It’s natural … or is it? Greenwashing fashion
Wednesday, September 18, 2019 - 12:30-14:00
Lunch Session 3: Africa and innovation
Monday, September 16, 2019 - 14:00-17:30
Plenary Session for proposed Resolution (1) Study Question on Copyright in artificially generated works
Tuesday, September 17, 2019 - 09:00-12:30
Plenary Session for proposed Resolution (2) Study Question on Consumer survey evidence
Tuesday, September 17, 2019 - 14:00-17:30
Plenary Session for proposed Resolution (3) Study Question on IP damages for acts other than sales
Wednesday, September 18, 2019 - 09:00-12:30
Plenary Session for proposed Resolution (4) Study Question on Plausibility
Saturday, September 14, 2019 - 13:30-14:30
Standing Committee Meetings
Saturday, September 14, 2019 - 14:30-15:30
Standing Committee Meetings
Saturday, September 14, 2019 - 15:30-16:30
Standing Committee Meetings
Saturday, September 14, 2019 - 16:30-17:30
Standing Committee Meetings
Saturday, September 14, 2019 - 18:00-19:00
Standing Committee Reception
Sunday, September 15, 2019 - 11:00-14:00
Young AIPPI Forum
Sunday, September 15, 2019 - 14:00-15:30
Info Session for First Time Attendees
Sunday, September 15, 2019 - 14:00-15:30
NGO Coordination Meeting
Monday, September 16, 2019 - 14:00-16:00
Secretaries & Treasurers Meeting
Monday, September 16, 2019 - 16:30-17:30
Independent Members Meeting
Monday, September 16, 2019 - 18:30-19:30
Women in AIPPI
Tuesday, September 17, 2019 - 16:00-17:30
In-house Meeting
Sunday, September 15, 2019 - 16:00-17:30
Executive Committee Meeting I
Wednesday, September 18, 2019 - 14:00-18:00
Executive Committee Meeting II
All Congress attendees are invited to this session to introduce AIPPI’s studies to be conducted leading to the AIPPI 2020 Hangzhou World Congress. Give your input to help us scope these studies.
Please note: This is a ticketed event of 50 GBP and therefore not included in the Congress Registration Fee.
Please note: This is a ticketed event of 50 GBP and therefore not included in the Congress Registration Fee.
Please note: This is a ticketed event of 50 GBP and therefore not included in the Congress Registration Fee.  
These are open meetings. All congress participants may attend.

The following AIPPI Standing Committees will hold an open meeting between 13:30-14:30:
These are open meetings. All congress participants may attend.

The following AIPPI Standing Committees will hold an open meeting between 14:30-15:30:
These are open meetings. All congress participants may attend.

The following AIPPI Standing Committees will hold an open meeting between 15:30-16:30:
These are open meetings. All congress participants may attend.

The following AIPPI Standing Committees will hold an open meeting between 16:30-17:30:
By invitation only 
All AIPPI Standing Committee members and registered observers are kindly invited.
By invitation only.
The Young AIPPI Forum is an educational and networking event designed for young Congress attendees to network and make contacts in a multicultural professional environment.
If it is your first AIPPI Congress and you would like to better understand the educational, social and networking activities of the Congress, be sure to attend this information session.
By invitation only.
All In-house and Industry members attending the Cancun congress are invited to join the In-House Bureau Advisory Committee (IHC) members for this meeting. We will discuss ways of advancing issues important to industry within AIPPI.
(for all attendees) The first meeting of the Executive Committee is directed to presentations of activity reports by Officers of AIPPI and to presentations of some changes proposed for the operation of the Association.
(for all attendees) The second meeting of the Executive Committee is the last meeting of the Congress. This meeting aims to confirm the Resolutions of AIPPI debated during the Congress. This is also the occasion to elect the members of the Bureau and of Statutory Committees of AIPPI and to present information about future AIPPI World Congresses.

OK_Venues   VENUES

 

AIPPI is going to one of today’s world cultural capitals – LONDON.

With over 2000 years of history, London has progressed to be a global leader in arts, commerce, entertainment, tourism and development. In recent years London has pushed to become one of the most innovative and business driven nations in the world, which is why we find it a suitable location to debate the latest topics of IP.

Uniquely situated in the shadow of Big Ben, Westminster Abbey and the London Eye, The Queen Elizabeth II Convention Centre (QEII) is the ideal place to experience London and all it has to offer!

The QEII Centre is less than five minute’s walking distance from Big Ben and the Thames, directly opposite Westminster Abbey and a two-minute walk from a royal park. In addition to offering world class facilities and comforts, it is the largest dedicated congress and exhibition space in central London.

Networking lunches will be held at Central Hall Westminster, just across the road from the QEII Centre. The Central Hall Westminster will also be the location for Opening Ceremony and Welcome Reception.

Westminster_aerial view_FINAL

QUEEN ELIZABETH II CENTRE 

Broad Sanctuary, Westminster, London SW1P 3EE, UK

Website

CENTRAL HALL WESTMINSTER

Storey’s Gate, Westminster, London SW1H 9NH, UK

Website

Find Your Destination

Venue
Hotels
Social Events

Hotels

London has a wide range of accommodation available and there are many possibilities of where to stay.

Registered participants are responsible for securing their own accommodation. AIPPI has secured some rooms in recommended hotels listed below but is not responsible for any accommodation issues. All hotel bookings must be done by the participant directly.

If you want to stay in one of the recommended hotels, check the link on your registration invoice. Please note: the discount is already applied to the rates shown and no discount code is required.

WARNING: AIPPI has been made aware that some members have received phone calls related to accommodation. Please be aware that these are unauthorised and do not originate from AIPPI. We recommend you do not provide any personal information and contact your hotel directly if you are unsure.

200 Westminster Bridge Road London, SE1 7UT, United Kingdom
13 minutes walking distance
£209 B&B (+VAT) (Superior room)
£249 B&B (+VAT) (Studio)

Conveniently situated on the South Bank of the Thames, Park Plaza Westminster Bridge London features contemporary design throughout its 1,019 rooms and suites.


After the conference, unwind with a massage at Mandara Spa and a dip in our 15-metre swimming pool. Enjoy views of Big Ben and the London Eye from the hotel’s Executive Lounge, and take advantage of our proximity to Westminster Abbey, Trafalgar Square, Soho and Covent Garden.
1 Addington Street London, SE1 7RY, United Kingdom
16 minutes walking distance
£209 B&B (+VAT) (Superior room)
£249 B&B (+VAT) (Studio)

Park Plaza County Hall London is ideally located just south of Westminster Bridge overlooking the River Thames with spectacular views across London.


Within walking distance of London’s most famous attractions including the London Eye, Big Ben, Westminster Abbey, the Houses of Parliament, London Aquarium, National Theatre and the South Bank Centre, this city centre hotel is the quintessential urban base when travelling in London.

General Info

TOURS

Bookings for Pre- and Post-Congress Tours, as well as daily excursions during the Congress will be available through the Visit London´s website at www.visitlondon.com.

 

A special discount of 10% will be provided for any London Pass purchases at www.visitlondon.com. You will have access to the discount code once your registration has been completed by fulfilment of payment.

 

Please be informed that AIPPI is not responsible for the organization of the Pre- and Post-Congress Tours and daily excursions during the Congress; therefore, all enquiries should be directed to Visit London directly.

 

TRANSPORTATION

AIPPI will provide an Oyster Card to all registered participants to facilitate the transportation during the Congress. This card can be used throughout the public transport system in London, including the Underground. Claim your Oyster Card at the Registration Desk when you collect your badge. You will also enjoy special discounts in diverse bars and restaurants by presenting your Oyster Card.

 

AIPPI may also provide shuttle buses to facilitate transportation to special venues for selected Social Events.

 

Exhibitors & Media Partners

 

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ACUMASS

Acumass is a leading Intellectual Property service provider, operating on a global level with offices based across Europe, Asia and the US. We take pride in providing comprehensive, secure and cost effective IP management and renewal services.

WEBSITE

ASIA BUSINESS LAW JOURNAL

(Media Partner) Asia Business Law Journal is a bi-monthly magazine for in-house counsel with the responsibility for all or part of Asia. It clarifies the regulatory environments in all key Asian jurisdictions and arms its readers with the tools to seize opportunity, manage risk, implement effective legal solutions and identify the most capable external advisers. Asia Business Law Journal is published by Vantage Asia Publishing Limited.subscribe@vantageasia.com / www.vantageasia.com

WEBSITE

CHINA BUSINESS LAW JOURNAL (CBLJ)

(Media Partner) China Business Law Journal (CBLJ) is a fully bilingual monthly magazine for China-focused in-house counsel and law firms. It provides in-depth analysis of the legal and regulatory challenges facing domestic and international businesses in China and indispensable intelligence on the country’s legal market. China Business Law Journal is published by Vantage Asia Publishing Limited. subscribe@vantageasia.com /cblj.vantageasia.com

WEBSITE

CHINA IP MAGAZINE

(Media Partner) China IP Magazine is an magazine comprehensively reporting developments of Chinese IP Industry and serving IP professionals. Since its establishment in 2004, China IP Magazine has been devoting itself to disseminating value of IP globally.

WEBSITE

CPA GLOBAL

CPA Global is the world’s leading Intellectual Property Management and Technology company. We serve over 10,000 customers and connect millions of global IP users every day.

WEBSITE

FELLOWS AND ASSOCIATES

Fellows and Associates are an international recruitment firm focused on finding intellectual property jobs predominantly for patent attorneys, trade mark attorneys, IP lawyers and other professionals working in the IP sector.

WEBSITE

HONG KONG TRADE DEVELOPMENT COUNCIL

HKTDC promotes Hong Kong’s two-way trade with the world in goods and services. We promote Hong Kong’s unrivalled advantages as an international business centre, which include the rule of law and strong IP protection.

WEBSITE

IAM

(Media Partner) IAM is the only intelligence service to provide global coverage of the IP value creation environment. Its unrivalled coverage and in-depth analysis of key sectors gives executives critical business intelligence to maximise their IP value.

WEBSITE

INDIA BUSINESS LAW JOURNAL (IBLJ)

(Media Partner) India Business Law Journal (IBLJ) is a market-leading monthly magazine that provides in-depth analysis of the legal and regulatory challenges facing domestic and international businesses in India and unrivalled intelligence on the country’s law firms and legal market. Its readers are in-house counsel and private practice lawyers around the world. India Business Law Journal is published by Vantage Asia Publishing Limited.subscribe@vantageasia.com / iblj.vantageasia.com

WEBSITE

INTELLECTUAL PROPERTY MAGAZINE

(Media Partner) Intellectual Property Magazine (IPM) offers reliable coverage and analysis on a broad spectrum of IP law, from in-house and private practice lawyers, to IP managers and anyone responsible for utilising IP to grow their business.

WEBSITE

IP-COSTER NETWORK

Free and open for IP practitioners, IP-COSTER is an online platform designed to facilitate the IP protection process worldwide. IP-COSTER provides budget forecast, quotations, foreign filings and workflow solutions for patents, trademarks and designs.

WEBSITE

IPPRO

(Media Partner) IPPro is a leading intellectual property magazine supported by several supplements boasting worldwide coverage of IP as it happens. We cover topics ranging from trademarks and copyright to patents, domain names, life sciences and more.

WEBSITE

LEADERS LEAGUE

(Media Partner) Leaders League is a media and rating agency for top executives at the international level with a focus on IP. Our IP guides contain extensive research and coverage for over 40 jurisdictions.

WEBSITE

MARCASUR

(Media Partner) MARCASUR is the leading IP media in Latin America with 20 years of continuous growth. MARCASUR has various products in Spanish, English and Mandarin, in printed and digital format.

WEBSITE

MINESOFT

Minesoft’s web-based solutions are designed to exploit the commercial value of IP and scientific information. Minesoft serves many Fortune 500/FTSE 100 companies around the world, as well as specialist IP, patent attorney and search firms.

WEBSITE

PATENTLY LTD

Patently transforms the way you review patents. Spend less time on finding, checking and updating. Focus on conducting patent reviews and delivering critical analysis with our intuitive data platform

WEBSITE

PAVIS GMBH

PAVIS is a leading European Intellectual Property service provider, specializing in worldwide patent and trademark renewal. An experienced team of IP professionals, attorneys and network partners safeguards our clients’ IP rights and ensures timely payments worldwide. PAVIS excels in expertise, transparency and client service. Well-established procedures and interfaces provided for data exchange with several IP Management Systems make for smooth and effortless sending of online payment instructions. More than 1,400 law firms, patent agencies and corporate IP departments benefit from our 39 years of experience.

WEBSITE

SUNYU

Sunyu is recognized as one of the leading intellectual property support service providers in China. We specializes in translating patent with more than a decade of experience.

WEBSITE

WORLD IP REVIEW

(Media Partner) World IP Review and its sister publications Life Sciences IP Review, the WIPR Annual and WIPR Leaders provide news and guidance on the challenges facing businesses and legal practitioners active in intellectual property.

WEBSITE

Sponsors

 

Select a company logo for company description to appear.

ABU-GHAZALEH INTELLECTUAL PROPERTY (AGIP)

Abu-Ghazaleh Intellectual Property (AGIP) International Headquarters in Jordan and fully staffed Country Offices throughout the Arab Region and in Afghanistan, China, India, Iran, Nigeria, Pakistan, Russia, Turkey, Malaysia, Indonesia and Kenya. Offering a full range of IP services: IP prosecution, maintenance enforcement, and legal practices. WE TRY HARDER TO STAY FIRST!

WEBSITE

BIRD & BIRD LLP

Bird & Bird is an international law firm with a focus on helping organisations being changed by technology and the digital world. With over 1300 lawyers in 29 offices across the globe, we're ready to help you wherever you are in the world.

WEBSITE

BOULT WADE TENNANT LLP

Boult Wade Tennant supports innovation of every kind, no matter where you are in the world. This year we are proud to be celebrating 125 years of IP excellence in patents, designs and trade marks.

WEBSITE

CARPMAELS & RANSFORD

Carpmaels & Ransford is a full-service European intellectual property firm. We are unique in our ability to offer a truly integrated service, managing our clients’ intellectual property from inception to commercialisation, enforcement, litigation and defence.

WEBSITE

CCPIT PATENT AND TRADEMARK LAW OFFICE

CCPIT Patent and Trademark Law Office is the oldest and one of the largest full-service intellectual property law firms in China. Our firm has 294 patent and trademark attorneys, among whom 87 are qualified as attorneys-at-law.

WEBSITE

EUROPEAN PATENT OFFICE

Company Profile: Quality is the hallmark of the European Patent Office. Talk to us about the quality improvements to our search and examination, and the new options and services available for PCT applicants filing with the EPO.

WEBSITE

HAN KUN LAW OFFICES

Han Kun is a leading full-service law firm in China. Over the years, Han Kun has been widely recognized as a leader in complex cross-border and domestic transactions as well as solution of disputes.

WEBSITE

R K DEWAN & CO

RKD: An IP Powerhouse • 7 offices pan-India, 150+ strong techno-legal team with lightning fast responses • Creative, cost-effective solutions for IP Searching/Prosecution/Enforcement/Commercialization • Trusted by clients from all industry sectors to represent their interests in India & 125+ countries globally

WEBSITE

SBGK ATTORNEYS AT LAW AND PATENT ATTORNEYS

SBGK is one of the leading law firms and the go-to-firm in intellectual property law in Hungary, founded in 1969. Our lawyers and patent attorneys have decades of experience of defending and enforcing IP rights.

WEBSITE

WIGGIN LLP

The Wiggin IP team of over 20 specialist lawyers provides a comprehensive brand protection offering including trademark litigation and portfolio management, designs law, patent litigation and licensing, online enforcement and commercial and strategic IP advice.

WEBSITE

Programme Materials

Study Questions

Copyright in artificially generated works

Sunday, September 15, 2019 - 09:00-15:30

Of all the technological advances that attract lawyers’ attention, artificial intelligence (AI) should prove to be genuinely transformational. As more AI systems can assist or replace humans in the performance of creative endeavours, they will inevitably encounter the same IP questions as humans do. Can something made by or using an AI system be a copyrighted work? Are the classic principles of copyright applicable to artificially generated works, or is something new and different required? How is any term of copyright protection measured if the author is a machine? There is already a debate about whether the advent of AI challenges the fundamental concepts of copyright law, or whether current laws will suffice. This mirrors philosophical debates about the justifications for copyright protection. If is to promote the progress of science and arts, it may be possible to make room for AI. However, if copyright is conceived as a fundamental, moral right afforded to human creators, it is harder to accept protection for algorithms. We are still at an early stage in the evolution of AI, but that it already plays a far larger role in everyday life than most people appreciate, and that copyright law will need to adapt to keep up. For now, most jurisdictions appear to consider human intellectual authorship a prerequisite for copyright protection. However, that leaves open the question of whether a human who programmes or operates of an AI application might qualify for authorship. As AI systems becomes more able and consequential, national copyright approaches may diverge further. Thus, this is an opportune moment for AIPPI to study the intersection of AI and copyright.

Study Questions

Consumer survey evidence

Sunday, September 15, 2019 - 09:00-15:30

In many proceedings, particularly in the context of trademarks, the ultimate determination of any dispute may rest upon key findings pertaining to, for example, the degree of distinctiveness or reputation of a trademark, and any confusion, parasitism or dilution. Issues often arise as to the manner in which such elements can be proven. One evidentiary tool that may be used is consumer surveys. However, both the admissibility of and weight accorded to consumer survey evidence in trademark proceedings are continuing topics of controversy, making it desirable to have a harmonized approach. The potential importance of survey evidence can be substantial, whether in opposition proceedings, revocation proceedings or infringement proceedings before the IP Office and/or a court. Such evidence may be helpful in respect of a variety of issues including whether a sign is perceived as being used as a trademark, the degree of descriptiveness or distinctiveness, evidence of reputation, evidence of deception or confusion, the extent of any free-riding, dilution or other negative impact on goodwill, and the extent of any harm or damage to the rights holder. Issues considered as part of this Study Question include the admissibility of consumer survey evidence per se, the types of proceedings in which such evidence may be used, what it can (help) prove and requirements for such surveys (e.g. as to the way of conducting the survey, the number and selection of respondents, the appropriate form and order of survey questions and the use or nature of controls).

Study Questions

IP damages for acts other than sales

Sunday, September 15, 2019 - 09:00-15:30

If damages are asserted in relation to sales of infringing products, the quantification of damages would generally be based on the lost profits/sales of the rightholder, which can be estimated from the sales diverted from the rightholder to the infringer. However, where there has been no act of sale by the infringer, there may be no diversion of sales. The quantification of damages for acts other than sales, e.g. keeping / warehousing (stockpiling) infringing product, importing infringing product, offer for sale separate from sale itself (advertisements, tenders etc), will need to be based on data other than the price of sales. This issue was not addressed in detail in the study leading to the Resolution on “Quantification of monetary relief” (Sydney, 2017). Infringement arising from acts other than sales is commonly alleged in IP litigation – possibly so that continued non-sales infringements can be injuncted, but should an injunction be the only remedy for such infringements? ‘Pure’ non-sales infringements that have no associated act of sale in the same timeframe can involve a complex damages analysis. For example: (a) how is a reasonable royalty to be calculated? One solution might be to analyse market practices relating to upfront licensing fees unconnected to anticipated sales; (b) whether extensive offers for sale can ‘smother’ the patentee’s own marketing efforts and thereby cause a reduction in the patentee’s own sales; and (c) if the infringing act is importation, how should the analysis proceed if only some of the imported products are sold in the jurisdiction and others are to be exported?

Study Questions

Plausibility

Sunday, September 15, 2019 - 09:00-15:30

The requirement for plausibility is not based in legislation and is absent from TRIPS, PCT, EPC and other patent legislation. Yet a body of case law has developed to distinguish those patents and applications which demonstrate a technical effect, from purely speculative patents and applications which contain only prophetic examples. The plausibility of the alleged technical effect as set out in the patent can also affect the patentee’s ability to rely on post-filing experimental results. This “plausibility requirement” is multifaceted as it also covers aspects of credibility of the invention, sound predictability of the utility, prohibition against speculative filing and restrictions regarding prophetic examples. It is also invoked in relation to several patentability requirements such as sufficiency, inventive step, clarity and utility. AIPPI dedicated a panel session to plausibility in Sydney 2017. This session highlighted the global emergence of plausibility as a requirement, along with certain differences in approach between the USA, Europe and China. Even within Europe, the requirement is not applied consistently: France, the UK and the Netherlands have, for some time now, routinely deployed plausibility as a threshold test for challenging patent validity, but other EU jurisdictions, such as Germany, have been hesitant to use plausibility as a separate requirement, let alone as a routine test, when assessing patent validity. Reviewing this emerging “plausibility requirement” and identifying its limits is crucial to patent applicants and holders in view of its increasing relevance to the validity of their patents across multiple jurisdictions. This is particularly so in the life sciences sector where claimed technical effects are often not self-evident.