Newsletter July 2020

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News round-up:

The AIPPI World Congress in Hangzhou (China) will be held from October 17 to 20, 2021.

AIPPI World Congress Announcement.

Focus on the AIPPI Law Series.

AIPPI Videos online.

Remembering our Members of Honour: Joan Clark and Alberto de Elzaburu

25% AIPPI member discount on all Kluwer Law publications

AIPPI members get a 25% discount on every title in the Kluwer Law Intellectual Property portfolio of print books* by using the code in the Member Offer section of the Membership Portal.

The code is valid until March 2021.

(*Visser’s Annotated European Patent Convention is excluded from the offer)

Articles & Case Notes:


Revision of Examination Guidelines for Design

By Hirohito Katsunuma of the Katsunuma International Patent Office

Tokyo, Japan

The Japanese Design Law was drastically revised in 2019 to newly protect Image Designs, Architectural Designs, and Interior Designs. A revision of the Examination Guideline for Design followed, which interestingly revealed what the protectable Image Designs, Architectural Designs and Interior Designs are.

The Eleventh Amendment's Revenge: States Cannot be Sued for Copyright Infringement Due to Sovereign Immunity

By Seth I. Appel of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

Chicago, Illinois, U.S.A.

In a rare unanimous Copyright decision, the U.S. Supreme Court recently upheld a State’s sovereign immunity from suit for copyright infringement. While sovereign immunity is not absolute and the Court has recognized exceptions, those exceptions did not apply in this instance based on previous applications of State sovereign immunity in the patent context. Since patents and copyrights share the same constitutional basis for protection, the previous patent decision was seen as controlling, and was here extended to copyright infringement actions.

China says No to bad faith trademark filings

By Ms. Ling Zhao of CCPIT Patent & Trademark Law Office

Beijing, People’s Republic of China

In 2019, China revised its Trademark Law for the fourth time and the CNIPA announced the corresponding new rules to implement the new Law, aiming to curb bad faith filings, while strengthening the protection of the trademark rights as well as other legitimate rights of brand owners.

Will the SASHO (evidential review by experts) procedure provide more assistance for investigating patentee evidence?

By Kozo Yabe, YUASA & HARA, Tokyo, Japan

Even though we have witnessed the document submission order to acquire useful documentary evidence from an infringing party after the 1997 Amendment of the Civil Procedure Code and other multiple Patent Acts, the disclosure of evidential information is still a weak point of Japanese civil litigation especially for patent infringement when compared with the rigorous effects of procedures in other countries, e.g. discovery in the U.S., ex-parte investigations in Germany, etc.

AIPPI Country News:

The AIPPI Spanish Group Honours Luis-Alfonso Durán

By Pedro Merino Baylos. President of the Spanish Group of AIPPI.

The Spanish Group of AIPPI, honoured Luis-Alfonso Durán, former Reporteur General of AIPPI, Member of Honour of AIPPI, and of the Spanish and Portugese Groups, with the publication of a book containing 44 contributions written by prestigious specialists of Intellectual Property from 20 different countries.

With this book, the Spanish Group honours Luis - Alfonso’s 45 years of work and dedication in AIPPI.

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