Newsletter May 2021

Japanese Group's Journal "A.I.P.P.I." March 2021 issue (Vol 46, No.2) is Now Available.

The Japanese Group is pleased to inform you that the March 2021 issue (Vol 46, No.2) of the Japanese Group's Journal "A.I.P.P.I." is now available to all AIPPI members.

Please log in to the AIPPI Members Area of the website to read this 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 the 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.

The January 2021 issue is also available to read in the Members Area of the AIPPI website.

Masatoshi ABE, AIPPI JAPAN


AIPPI Position Paper: TRIPS Agreement and the COVID-19 Waiver.

AIPPI Annual Report 2020 Released.

AIPPI in the News.

Guest news: EPO

Are you wondering what the ceremony of an internationally recognised innovation prize looks like? Join EPO on 17 June 2021 at 19.00 (CEST) and get an insight into how the European Inventor Award promotes a greater awareness of Europe’s potential to innovate and stimulate better utilisation of the patent system. Created in 2006, the prize showcases outstanding inventors and their inventions, and tells their success stories to a wider public at large.

For the first time in the history of the event, the ceremony of the 2021 edition of the European Inventor Award will be held in digital format.

The Award will recognise the achievements of fifteen finalists in five categories (Industry, Research, Non-EPO countries, SMEs, and Lifetime achievement) and the Popular Prize, as chosen by the public.

If you would like to learn more about the amazing finalists, find out more information on the EPO website and take the opportunity to vote for your favourite inventor.

The Case of Ferrari: When Reality Surpasses Theory.

By Bryan M. Kernitsky of Claro & Cia. Chile.

Those who enjoy motor racing, and particularly those who enjoy Formula 1 and were thrilled during last April 18th “Pirelli Grand Prix of Made in Italy and Emilia-Romagna” at the historic circuit Enzo & Dino Ferrari in Imola, Italy, probably noticed at the podium the top three drivers celebrating with enormous bottles of Ferrari branded sparkling wine over a balcony with the same brand displayed below in white letters and painted on a gigantic black carpet that flooded the entire TV screen.

Provisional patent applications in Israel?

By Dr Eyal Bressler, AIPPI (IL) Group Reporter.

The Israeli Patent Office recently proposed an amendment to the Israel patent regulations to enable the filing of a provisional application in a simple and inexpensive manner thereby obtaining an early application date pursuant to article §11 of the Israeli Patent law.

 

Unceremonious demise of a tribunal!

By Ms. Manisha Singh of Lex Orbis, India.

When patent and trademarks laws were undergoing rejuvenation in view of international harmonisations of IP law to stay tuned with the provision of TRIPS agreement it was felt by the Parliament to include a fast-track mechanism in the form of Intellectual property Appellate Board to hear appeals against the decisions of the registrar of the Trademarks.

 

U.S. Supreme Court Decision: Google v. Oracle.

By Bret Hrivnak, of Hahn Loeser, USA.

On April 5th, in a noteworthy decision, the U.S. Supreme Court reversed a lower court’s decision by finding that Google did not violate U.S. Copyright laws when creating its Android operating system (OPS) by copying portions of Oracle’s Java code. In doing so, the Court found copying portions of Oracle’s Java code pertaining to an application programming interface (API) a permissible fair use. The Court declined to consider the broader question as to whether APIs are subject to copyright protection.

 

Partial Revision of the Patent Act and Other Acts.

By Hirohito Katsunuma of Katsunuma International Patent Office, Tokyo, Japan.

Responding to major changes in the economic activities caused by digitization, remote work and non-contact transaction, the Japanese Cabinet approved a Bill for "Partial Revision of the Patent Act, etc." on March 2, 2021.

 

Update on DABUS case (AI named as inventor) in the US.

By MaryAnne Armstrong, AIPPI (USA) Group Reporter.

On April 6, 2021, the US District Court for the Eastern District of Virginia heard summary judgement arguments from the USPTO and Stephen Thaler regarding the naming of an AI as the inventor on a US patent application. Thaler v. Iancu, et al. (No. 1:20-cv-00903).

The European Patent Office’s view on computer implemented methods – Decision G 1/19 of the Enlarged Board of Appeal.

By Laurence Loumes & Mathias Robert, of Plasseraud IP, France.

The Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) issued on March 10, 2021 a long-awaited decision regarding the patentability of computer-implemented simulations under the European Patent Convention (EPC). The EBoA's decision has consequences on computer-implemented methods as a whole. Since as a principle, only technical features are taken into account in assessing inventiveness, and since mathematical algorithms per se are found to be non-technical, the decision addresses if, in inventions that contain technical and non-technical features, the non-technical features can, under certain conditions, still be relevant to the assessment of the inventive step.

 

Russia: Design Blows Away a Trademark.

By Vladimir Biriulin, President of AIPPI Russia.

An applicant filed a trademark application No 2018735909, for the goods in Classes 35 and 39. The application was filed on August 22, 2018. The examiner made a search and found that the applied designation is confusingly similar to a series of industrial designs patented before the priority date of the trademark application. Industrial design patents were dated: No 89992 of November 6, 2012, No 89993 of February 19, 2013, No 65655 of May 8, 2006. The patents were issued in the name of Sony Computer Entertainment Inc.

Mandatory Licensing of Pharmaceutical Patents in Andean Countries.

By Gabriel Kuri and María Cecilia Romoleroux, of CorralRosales, Ecuador. MCR is the AIPPI Ecuador National Group Reporter.

Patent licenses are granted, as a general rule, by means of agreements freely executed between the patent holder -licensor- and the person authorized to exploit the invention -licensee-. However, in exceptional cases and for reasons of public interest, they are granted by order of the authority under the conditions set forth in the Law, as analyzed below.

 


October 15 - 22, 2021

Mark your calendar. The 2021 AIPPI World Congress online is THE virtual event you must attend this year. Registration opens in June.

Programme

The annual AIPPI World Congress is the one moment in the year when members from all around the world come together to discuss hot topics in Intellectual Property. At the heart of the event are the famous Study Questions which focus on contemporary IP topics of interest. Additionally, 12 Panel Sessions with the following topics, will fill the Congress programme:

-    Compulsory licences and TRIPs waivers for COVID?
-    Trademark evergreening – limitations to refiling
-    Alternative medicine? Data protection rules for pharmaceutical compounds in       different jurisdictions
-    Video gaming: copyright & design issues
-    Multi-jurisdictional inventorship
-    Guilty or not guilty: platform liability & safe harbours
-    Managing global patent portfolios
-    Turning local into international: protection of GIs
-    Transfer of priority rights – getting what you bought
-    Many A’s and no end in sight: anti-suit & anti-anti-suit injunctions
-    A year in an hour – EU & US case law
-    Doctrine of equivalents: can the prior art infringe?

Looking for interesting discussion with your IP friends? Join the AIPPI Café, an interactive discussion room for the AIPPI Congress participants. There are eight 45-minute AIPPI Café slots on each Congress day. Each roundtable will be hosted by senior members of AIPPI Standing Committees or AIPPI Bureau Members, with a limited number of “seats” per table. Each roundtable has a designated topic, ranging from cutting-edge IP questions (e.g. Compulsory licensing in times of COVID) to important managerial topics (e.g. How to efficiently manage staff working from home). Learn from one another and thereby connect in a much more profound way than at a typical cocktail event.

New Board for AIPPI Turkey

We are glad to announce that the new Board of AIPPI Turkey was selected on March 29, 2021.

 

2021 AIPPI China Youth IP Seminar

By: Hui Zhao, AIPPI Chinese Group, Beijing, China.

The 2021 AIPPI China Youth IP Seminar was successfully held in Beijing on April 22-23, 2021, with more than 110 attendees.

 

Paraguayan Group of AIPPI co-hosts the “IP & SMEs: successful cases of Paraguayan SMEs” webinar

By Lorena Mersán, National Group Reporter, AIPPI Paraguay.

On April 26th, 2021 the Paraguayan Group of AIPPI, together with Inter-American Association of Intellectual Property(ASIPI) and the Paraguayan Association of Intellectual Property Agents (APAPI) organize a webinar called “IP & SMEs: successful cases of Paraguayan SMEs” to celebrate the World Intellectual Property Day. The participants learned about the experience of three successful SME in the fields of technology, gastronomy and textiles. The speakers were Juan E. de Urraza from Possibilian Tech, Mariela Ramirez from ASUKA and Camila Vaz and Olivia Cazal from Albertina. The event was moderated by Victor Abente, APAPI’s President.

Click here to see the event flyer.

The Italian AIPPI Group launches its own Young Members group.

By Chiara Pappalardo & Lorenzo Micacchi, Chairs of the Young AIPPI Members Italian Group.

While AIPPI launched the YAC, the Italian Group approved the initiative of two young members, Chiara Pappalardo and Lorenzo Micacchi, to start the Italian AIPPI Young members’ group.

The two main goals of the group are the spread of a mentorship program across the country to connect new and young members with their neighboring colleagues, and the organization of other initiatives aiming to promote the active involvement of new and young members into the Italian group’s activities.

 

AIPPI China: Seminar on Trademark Practice in Internet Economy

By Mr. Yongjian LEI of Wanhuida Intellectual Property and Mr. Yakai SHI of Beijing DAKUN Law Firm, China.

 

On the afternoon of May 14, 2021, the seminar Trademark Practice in Internet Economy was jointly held by the AIPPI Chinese Group and the Intellectual Property Study and Service Center of Zhejiang Province in Hangzhou, the hosting city of the 2023 AIPPI World Congress. It attracted more than 100 attendees from judicial authorities, administrative authorities, the academic community, industries, law firms, and IP firms around the country. The seminar was sponsored by the Alibaba Group.

 

Trilateral Seminar of the French, Polish and German National Groups

By Laurence Loumes, Plasseraud IP and AIPPI France National Group Reporter.

 

On April 22, 2021, a webinar was held between the AIPPI national groups of France, Germany, and Poland under the direction of their respective presidents, Corinne Vedel, Karsten Königer and Bartosz Krakowiak, and Marek Łazewski - Secretary General of AIPPI. This webinar brought together over 100 participants on the latest developments in the IP law of the three countries.

 

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