Newsletter January 2022

Join the AIPPI Celebration!

AIPPI was founded 125 years ago in Brussels, and to mark this milestone, AIPPI Belgium & AIPPI International are pleased to invite you to a one-day event on 13 May 2022 - a hybrid conference and a social event in prestigious locations in the heart of Brussels.

The theme of the day is IP and Common Welfare with a special focus on Health and Environment.

Click here for the full programme and save the date in your calendar!

Registration will open on 7 February.

Please note that spaces are limited for the onsite events in Brussels!

We hope you can join us to help celebrate this eventful year!

The AIPPI Japanese Group's journal "A.I.P.P.I." latest issue (Vol 46, No.6) is available to all AIPPI members.

The Japanese Group is pleased to inform you that the latest issue (Vol 46, No.6) of the Japanese Group's Journal "A.I.P.P.I." is now available to all AIPPI members. You can view the contents page for this issue below.

Please sign in to the “Membership Portal” on the AIPPI website and visit “Member Offers” to read the current edition of the journal.

Since 1965, the Japanese Group has been publishing its bimonthly journal "A.I.P.P.I." in English for the purpose of disseminating information on the Japanese intellectual property system to foreign countries.

AIPPI members can read the entire issue online (not available for download or print). We hope that many AIPPI members around the world will find it interesting.

Back issues are also available to read in the Members Area of the AIPPI website.

Masatoshi ABE, AIPPI JAPAN

2022 AIPPI Elections.

Invitation to present nominations for members of the Bureau and Statutory Committees.

The National and Regional Groups are invited by the Bureau of AIPPI to present nominations for candidates for the Bureau and the Statutory Committees. The invitation has been sent to the Presidents and Secretaries of your National and Regional Groups on January 10, 2022.

The Nominating Committee wishes to inform all AIPPI members by way of this AIPPI e-news article about the elections 2022 for the Bureau and for our Statutory Committees.

WTO Public Forum 2021.

By Luca Rinaldi, Vice-Chair AIPPI Standing Committee on TRIPS.

Every year, since 2014, the Standing Committee on TRIPS attends, with one or more of its members, the WTO Public Forum in Geneva: the largest and most important symposium organized by the WTO to discuss the trends of the international trading system, open to all stakeholders of the worldwide economic, civil and political society.

In 2015, 2017 and 2019 the Standing Committee on TRIPS was also selected by the WTO Public Forum Organization to organize and moderate workings sessions or workshops on IP-related topics.

 

Patentability of AI-generated inventions at the European Patent Office.

By Tougane Loumeau, avocat, cabinet Gide, Paris, France.

European Patent Office, Press Communiqué of 21 December 2021 on decisions J 8/20 and J 9/20 of the Legal Board of Appeal.

On 21 December 2021, the Legal Board of Appeal of the European Patent Office (EPO) announced its first decision on whether an AI system may be designated as an inventor on a European (EP) patent. The case concerned DABUS, an artificial intelligence system created by US scientist Steven Thaler, that has reportedly autonomously developed technology that might, per se, be eligible to patent protection.

Recent administrative resolution defines the applicability of principle non bis in idem in patent infringement cases in Peru.

By Francisco Espinosa Reboa, of ESPINOSA BELLIDO ABOGADOS, Lima, Peru.

A recent administrative decision has defined the criterion in order to decide whether a prior decision on a patent infringement action, involving the same parties and the same patent, affects the principle non bis in idem on a new patent infringement action.

By the Resolution No. 000107-2021/CIN-INDECOPI, dated October 05, 2021 and issued on the File No. 000259-2021/DIN, the Peruvian Commission of Inventions and New Technologies (CIN) declared that a new patent infringement action filed by CRYSTAL LAGOONS TECHNOLOGIES, INC. against PROMOTORA DAVECO S.A.C. was NOT ADMISSIBLE, since it affected the principle non bis in idem, in relation to a prior patent infringement action involving the same parties, that had been already declared GROUNDLESS, and this decision became firm after not being appealed.

 

New Era For “.tr” Extension Domain Names.

By Hakan PEHLIVAN of Istanbul Patent A.S., Istanbul, Turkey.

First-come, first-served principle is now in effect in registration of some Country Code Second Level Domains (“ccSLDs”) in Turkey as “.com.tr”, “.net.tr”, “.org.tr”. Registration of such domain names were subject to proof of other rights on the dominant portion of these domain names.

ccSLDs in Turkey used to be governed and registered by an administration, Nic.tr,  organized by Middle East Technical University. Starting from early 2020, a government administration, Information Technology and Communication Authority, has started to take over managing authority of ccSLDs in Turkey. This transition period is expected to be completed in early 2022. Along with the completion of that transition, major changes will go in effect in relation to registration, transfer and dispute resolution of subject domain names. Some of the changes are summarized below.

 

New Online System and Prospect of Series Marks under Myanmar’s Trademark Law

By Mrs. Khin Myo Myo Aye and Ms. Yuwadee Thean-ngarm of Tilleke & Gibbins, Yangon, Myanmar.

Myanmar’s first substantive Trademark Law was enacted on January 30, 2019. The law has not yet been brought into force by notification issued by the President, but preparations for the new system have already begun. On August 28, 2020, the Ministry of Commerce (MOC) issued Order No. 63/2020 announcing the commencement of the Intellectual Property Department (IPD)’s “soft opening” period, and the transition from the old first-to-use system to the new first-to-file system under the Trademark Law.

To aid that transition, the order notified all trademark owners in Myanmar that they would need to refile any existing marks that were already registered at the Office of the Registration of Deeds (ORD), and/or already in use in the Myanmar market, if they would like to enjoy priority under the Trademark Law. To facilitate these applications, the IPD implemented and launched a new online filing system which opened for submissions on October 1, 2020—officially opening the refiling process for existing marks. All applications filed during the soft opening period will be given the same filing date (i.e. first application date).

 

Near future plan of the content management system for Copyright

By Kozo YABE of MIDOSUJI LPC, Tokyo, Japan.

In December 2021, the Fundamental Policy Subcommittee of the Copyright Committee (FPSC-CC) at the Council for Cultural Affairs (CCA) announced their Draft Interim Report (DIR) recommending the Japanese government to build the integrated content management system for Extended Collective Licensing (ECL) and additional arrangements because Japan needs to be prepared in the age of Digital Transformation (DX). It is particularly important to manage digitized contents including User Generated Content (UGC), orphan works, etc. on the internet. The DIR has two pillars of their recommendations including the content management system and the efficient arrangement of education and promotional activities for DX.  However, this article focuses on the content management system relating to expected changes of legislation in the near future.

 

 

2021 AIPPI China Copyright Forum: Hot Issues in China Copyright Law

By Gao Cheng and Zhao Hui, of the AIPPI Chinese Group.

 

The 2021 AIPPI China Copyright online Forum was successfully held on 11 December 2021, attracting more than 800 attendees, including academics, lawyers, representatives of judiciary authorities, representatives from internet industry and entertainment industry.

Chuanhong Long, Vice President of AIPPI China, opened the forum with a welcome speech, moderated by (Richard) Yi Li, Secretary General of the Group. Prof. Xiong Wencong, a member of the Copyright Committee of the Group, announced the Top Ten Copyright Cases in 2021 and gave professional comments on each particular case.

The keynote speech sessions focused on several hot topics of the third revision of the Copyright Law of China, such as basic issues of works concept, technical measures protection, algorithm recommendation and infringement liability, legal liability for video transshipment, which were given by Prof. Li Chen, Prof. Wang Qian, Mr. Su zhifu, Prof. Li Yang, Prof. Zhang Weijun and Prof. Xiong Qi.

Lena Shen, assistant to the Reporter General of AIPPI, delivered a closing speech and expressed best wishes for the prospective development in the copyright field, which was moderated by Allen Wang, Chairman of Copyright Committee of AIPPI China.

 

AIPPI UAE

The General Assembly Meeting for the AIPPI UAE Group was held in December 2021.

Click here for this story and others from the January 2022 AIPPI UAE newsletter.

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