Newsletter October 2021

AIPPI World Congress

Journal Announcement

News Round-Up

Articles & Case Notes:

 

AIPPI Video:

Copyright and Architecture – Recent Cases from Europe.

 

AIPPI National and Regional News:

Introducing the 2021 Opening Keynote Speaker: Trevor Albery

Trevor currently co-manages the global WarnerMedia Content Protection & Analytics group with specific responsibility for the EMEA region. This role encompasses setting content protection policies across the company, enforcement activities at both the company and industry level and data analytics.

He is also responsible for IP Policy in EMEA, ensuring that IP frameworks are in place to allow WarnerMedia to bring its much loved movies, TV series and video games to consumers around the world.

Trevor attained a law degree from the University of Bristol and holds a Post Graduate Diploma in UK, European and US Law of Copyright and Related Rights from King’s College, London.

You can watch Trevor speak at the Opening Ceremony on Friday, October 15, from 1:30 PM to 2:00 PM (CEST).

 

How to navigate the online platform.

Click here for Part 2 of how to navigate the online platform.

 

Download the Congress App.

From your mobile phone stay up to date with the latest Congress news and announcements, see your personal schedule, check out the sponsors and exhibitors, schedule appointments and much more!

Download the ‘Cvent Events’ App and search for AIPPI there. The official 2021 AIPPI Congress App will then appear.

 

Meet the Sponsor Days – October 12 to 14!

Our Platinum Sponsors have each created a unique programme on various IP topics. This is a great opportunity to connect with your industry peers prior to the Congress. Add these sessions to your schedule now!

www.aippicongress.org

Some of the topics include:
• Pitfalls and solutions in trademark registration in China
• How will blockchain affect IP?
• Challenges For Pharma Patent Litigations In Turkey
• Tricky issues of SEPs (or alleged SEPs?) in Brazil

You can find these sessions under the ‘Pre-Congress’ section of the programme.

Japanese Group's Journal "A.I.P.P.I." Latest Issue (Vol 46, No.4) is Now Available.

The Japanese Group is pleased to inform you that the latest 2021 issue (Vol 46, No.4) of the Japanese Group's Journal "A.I.P.P.I." is now available to all AIPPI members.

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

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.

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

Masatoshi ABE, AIPPI JAPAN

Sky v SkyKick: UK Court of Appeal interprets CJEU reference C-371/18 and General Court decision in Hasbro T-663/19.

By Tristan Sherliker of Bird & Bird, London. Edited by Edward Cronan, Hogarth Chambers, AIPPI UK NGR.

The UK Court of Appeal has overturned an earlier decision of the UK High Court in relation to the application of the doctrine of bad faith to over-broad trade mark registrations. In doing so the Court of Appeal interpreted the CJEU’s judgment in C-371/18 and provides helpful guidance on the important aspects of the General Court decision in Hasbro, T-663/19.

The UK Court of Appeal concluded that the High Court had been wrong to invalidate part of the specification of Sky’s mark for bad faith. The judgment means that an application for a trade mark for an indication such as ‘Computer Services’ would not normally be considered to be made in bad faith if the applicant intends to use the mark for even a single product or service within that term.

Promising Courtroom Win for Trademarking Video Game Titles in Thailand.

By Kannicha Wungmuthitakul of Tilleke & Gibbins, Bangkok, Thailand.

The title of a video game is likely one of the most valuable assets that a game developer holds. Registering a game title as a trademark secures exclusive rights over that title and prevents third parties from using it for games or related goods or services of their own.

However, whether a game title is descriptive of the computer game is an issue that has come up repeatedly in Thailand with applications to register video game titles as trademarks. According to current practice, the trademark registrar and the Board of Trademarks at Thailand’s Department of Intellectual Property (DIP) do consider a game title to be descriptive of a computer game, regardless of whether the title is related to the actual features or characteristics of the game.

The Supreme People’s Court of China confirms that Chinese courts have the jurisdiction to determine global rates of SEP licenses.

By Xiao JIN of CCPIT Patent and Trademark Law Office, Beijing, PR China.

More global standard essential patents (SEP) license disputes in China in the future? The Supreme People’s Court of China confirms that Chinese courts have the jurisdiction to determine global rates of SEP licenses if the license is more closely linked to China.

Summary of the first year of the Polish IP courts

By Klaudia Błach Morysińska, Zaborski, Morysiński Law Firm, Poland and Paweł Poznański, Zaborski, Morysiński Law Firm, Poland.

Due to the complexity of the IP matters and the specific character of the IP proceedings, the need for the creation of IP courts with IP experts as judges were raised by IP professionals for many years. The increasing number of IP cases and their specific character requires creating specialised IP courts, as in the other European countries. On July 1, 2020, Polish IP courts entered into force. There are 5 District Courts where IP Departments are located: Warsaw, Gdańsk, Poznań, Katowice and Lublin and 2 appeal courts in Warsaw and Poznań.

Taking advantage of the first anniversary, we decided to prepare statistics on the specialized IP Departments' cases. We requested these IP Departments to provide information on the overall number of cases, a matter of the cases and moreover about new procedural measures like motion to secure evidence, the request to disclose or release evidence and the information request for the period of a year. Please find below the summary report:

Intellectual Property in a pandemic

By Artemis Kirkinis of Allens, Australia.

The COVID-19 pandemic shines a spotlight on IP rights. While the rapid development of safe and effective COVID-19 vaccines has been an incredible achievement, supply in some parts of the world has not yet been able to meet demand for the doses required in the race to vaccinate the global population. From the early stages of the pandemic, there has been a question as to whether IP rights are hindering these efforts. One question is whether governments would deploy rarely used instruments such as compulsory licences or government authorisation (also known as Crown use in Australia and the United Kingdom).

 

Changes in Border Measures and Criminalization of IP (Ecuador).

By Eduardo Ríos, Associate at CorralRosales, Ecuador.

The Congress gave way to the partial objection issued by the Executive Branch, thus approving the “Law that Reforms Various laws to Reinforce the Prevention and Combat of Illicit Commerce in order to Strengthen the National Industry and Promote Electronic Commerce.” In addition, the law foresees reforms in intellectual property matters.

In particular, this reform includes provisions regarding (i) intellectual property crimes, their punishment and handling, expanding the punishable acts, and (ii) the border measures proceedings.

Abolishment of Signature & Seal – Affected by COVID-19

By KATO Chiaki of Kubota, Tokyo, Japan.

With the aim of preventing the spread of COVID-19, and further improving the convenience of administrative procedures, the JPO has decided to partially abolish signature and seal on a wide variety of deeds and documents.

New bill to replace decades old industrial property law in Poland.

By Klaudia Błach Morysińska of Zaborski, Morysiński Law Firm, Poland.

In 2021, the Polish Patent Office and, subsequently, the Ministry of Economic Development, Labour and Technology initiated drafting work on a new Act on Industrial Property Law. The Ministry has announced a brand new bill on intellectual property, which replaces the Industrial Property Law of 30 June 2000, which has been amended more than 20 times to date.

Eating the Cake and Having It.

By Vladimir Biriulin, President of the AIPPI Russian Group.

The first English patent for invention was granted in 1449 for a glass making method. The inventor was granted a 20-year monopoly for the invention. One year later, a patent was granted in Venice in 1450 with a duration of 10 years also for glass making. Since then, other, individual countries adopted their patent laws and granted patents. A 20-year term became a gold standard for the duration of patents.

 

Copyright and Architecture – Recent Cases from Europe

 

Buildings may be copyright protected on the outside and on the inside. In various European countries, court decisions answered questions like: What are the requirements for copyright protection of architecture? May the architect stop re-modeling of a building due to moral rights? This seminar looks at case law from France, Germany, Italy and Turkey.


The Argentine National Group has elected a new leadership team, with the current set-up as follows:

President: Graciela Pérez de Insaurraga
Vice-president:
Sergio M. Ellmann
Secretary:
Pedro C. Breuer Moreno
Treasurer:
Gastón Richelet

 

We wish them all the best in their new positions.

The AIPPI Belgian Group to hold online study day on November 25, 2021: Patents, Trademarks, Trade secrets: capita selecta & recent developments

The AIPPI Belgian Group will hold their annual Study Day in November. The event will be held online, as was the case last year, with the support of AIPPI International. With speakers from Belgium and abroad, the event will be split into five online seminars, covering Injunctions & patents, Recent Belgian case law on patents, Reasonable steps in Trade Secrets, Bad Faith in trademarks, Collective trademarks, and Geographical indications and Trademarks. The seminars will be held in English.

Sudan: increase in official IP fees

By Firas Qumsieh, National Group Reporter, AIPPI Jordan.

KHARTOUM - Pursuant to Ministerial Decree No. 1917 of 2021, the Ministry of Justice has announced an increase in the official fees for all IP-related matters. This comes after the Ministry of Finance to the Ministry of Justice issued a memorandum suggesting a new official fee structure back in February 2021. The decision was published on 5 August 2021 in the Official Gazette of Sudan number 1917, with a retroactive effective date of 8 August 2021.

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