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No. 28
January 2013
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Contents
Bureau Greeting for the New Year
The traditional New Year's greeting from our President highlights the importance of the next 18 months as AIPPI deliberates and implements changes which will define it in this Century. The President also invites members to contribute to the discussions of change in order to help define the future of AIPPI and comments on the on–going work of AIPPI. An objective during the President's term will be the strengthening of as many as possible of the AIPPI's national and regional Groups, with the aim of strengthing the AIPPI's global role.
(Article by John Bochnovic, President of AIPPI)

AIPPI Strategy report
Please do not forget to let us know your opinion on the strategy report as well as the observations of the Bureau.

We have set up an AIPPI forum to aid your participation in the discussions of the strategy project. You are kindly invited to comment on the strategy report and the observations of the Bureau here: https://www.aippi.org/?sel=members&sub=forum. You will be able to enter the forum by using your regular AIPPI member login and password. The Bureau is counting on ample support from the Groups when proposing changes in Helsinki and Toronto. Please use the opportunity to define the course of action of our Association.
(Article by AIPPI General Secretariat)
AIPPI Forum & ExCo meeting 2013 Sponsorship opportunity at AIPPI Forum & ExCo meeting 2013 in Helsinki, Finland
After this year's World Congress in Seoul, Republic of Korea, the next AIPPI meeting will be AIPPI's Forum & Executive Committee Meeting in Helsinki, Finland, on September 5-11, 2013. We expect to welcome more than 600 participants from all over the world, having their area of practice in all fields of intellectual property. Take advantage of this unique opportunity to reach a wide audience and become a sponsor, an exhibitor or a media partner for this event.
(AIPPI General Secretariat)

AIPPI Helsinki Forum & ExCo 5 – 11 September 2013
The Finnish AIPPI Group looks forward to welcoming you to the AIPPI ExCo & Forum which will be held on 5 –11 September 2013 in Helsinki. Finnish design has made Finland's capital world famous, with Helsinki being nominated the World Design Capital 2012, which is an official recognition for decades of work. Also, the congress centre, Finlandia Hall, is a masterpiece of design and architecture. Please save the dates, and we look forward to welcoming you to Helsinki!
(Article by Johanna Lilja, Roschier, Attorneys Ltd, Helsinki, Finland)

Working Guidelines for the Helsinki Working Questions
The Working Questions for Helsinki 2013 are:

Q233 Grace period for patents

Q234 Relevant public for determining the degree of recognition of famous marks, well-known marks and marks with reputation

Q235 Term of copyright protection

Q236 Relief in IP proceedings other than injunctions or damages

Please click the Question to access the respective Working Guidelines. We would like to encourage all members to actively support their National or Regional Group by participating in the study of the Questions. If you wish to participate, please report to the President and / or Secretary of your Group. We wish the Groups the best of success with their studies and are looking forward to receiving Group Reports by Sunday, May 12, 2013.

(Article by AIPPI General Secretariat)
AIPPI Committees A new Initiative from AIPPI on Patent Prosecution
Following the workshop session on "Perspectives on the future of the Patent System" at the AIPPI Congress in Seoul, the Bureau has decided to create a Task Force to study, report and make suggestions for action on harmonisation and best practice in patent prosecution at a level which ought to allow IPOs to achieve some success in a shorter rather than longer timeframe. It will be called the Patent Prosecution Task Force. Simplifying processes at a lower level, for example below the level of those matters covered by the PLT, could have a significant impact on costs and this new initiative is aimed at helping IPOs appreciate areas of possible harmonization which they may not have realised exist.
(Article by Michael J. Brunner, Chair of Patent Prosecution Task Force and John Osha, Responsible Reporter Patent Prosecution Task Force)
Forthcoming Events 2013 Israeli Group of AIPPI
The Israeli National Group of the International Association for the Protection of Intellectual Property (AIPPI), in collaboration with the Faculty of Law at the Tel-Aviv University, is happy to announce the forthcoming international conference on Intellectual Property, to be held in Tel-Aviv, Israel, later this year. More information will follow soon.
(Israeli Group of AIPPI)

AIPPI 8th bi-annual International Baltic Conference on Intellectual Property
Plan to attend the 8th bi-annual AIPPI International Baltic Conference on Intellectual Property April 11-13, 2013 in Vilnius Lithuania.
(Lithuanian Group of AIPPI)
Articles and notes France: Supreme Court makes it easier for record producers to enforce their rights in their recordings
In order to help corporate entities to establish copyright ownership in the works they exploit, French case law has progressively developed a presumption that enables them to be regarded as the rightful copyright owner vis-à-vis alleged infringers, as long as they have publically, peacefully and unequivocally exploited that work under their own name and there is no contrary claim coming from the real author or the successors thereof. On 14 November 2012, the French Supreme Court decided to extend the benefits of such a presumption to record producers, who now find themselves in a better position to enforce their neighbouring rights against alleged infringers.
(Article by Tougane Loumeau, Gide Loyrette Nouel AARPI, Paris, France)

Philippines: Madrid protocol fully in place in the Philippines
As of 21 December 2012, 22 international registrations have been filed in the Philippines as an Office of Origin, and 209 international registrations have been filed indicating the Philippines as a designated country under the Madrid Protocol.

The Philippines deposited its instrument of accession, together with several declarations, to the Madrid Protocol on 25 April 2012 with the World Intellectual Property Office. On 25 July 2012, the Madrid Protocol entered into force in the Philippines. On the same date, the Intellectual Property Office of the Philippines promulgated implementing regulations in relation to the Madrid Protocol.

(Article by José Cochingyan, III, Cochingyan & Peralta, Makati, Philippines)

Spain: The Spanish Supreme Court raises the standard for obtaining copyright protection in respect of industrial designs
The Spanish Supreme Court, in a judgment dated 19 September 2012, has set down the conditions required to obtain copyright protection in respect of industrial designs. The judgment also deals with the interplay between copyright protection and industrial design protection, and in particular to the possibility of obtaining both forms of protection for a particular article. Spanish law allows this dual protection, and although copyright protection and industrial design protection are not mutually exclusive, they do not both automatically apply to a particular article. This judgment reinforces the view held in some quarters that this dual protection ought to be restricted, by ruling that for there to be copyright protection in respect of industrial designs, a relatively higher degree of originality is required.
(Article by David Pellisé, Pellisé Abogados, Barcelona, Spain)

Switzerland: Inactive domain names may infringe Intellectual Property rights under Swiss law
Domain names with the “.ch(” (Swiss) extension are governed by specific rules which provide that requests, submitted to the WIPO Arbitration and Mediation Center, to cancel or transfer a domain name shall be granted if the registration or use of the domain name constitutes a clear infringement of a right in a distinctive sign which the claimant owns under the laws of Switzerland.

This article aims to briefly analyze inactive domain names (i.e. the passive holding of a domain name) from the perspectives of both Swiss trademark and unfair competition laws.

(Article by Thomas Widmer, LALIVE, Geneva, Switzerland)

The Netherlands: EU Court of Justice: Genuine use of CTMs – Where?
On 19 December 2012, the Court of Justice of the European Union (“CJEU”) handed down its long–anticipated judgment in the ONEL/OMEL case (Case C 2149/1, 19 December 2012 between the Dutch companies Leno Merken B.V. and Hagelkruis Beheer B.V. The main issue in this case is whether the use of a Community trademark (“CTM”) in just one EU Member State is sufficient to maintain the rights in the CTM registration where such registration is challenged on the basis of non–use.
(Article by Fleur Folmer, NautaDutilh N.V., Amsterdam, The Netherlands)

United Kingdom: AIPPI UK Group meeting in London, chaired by Professor Sir Robin Jacob, debates proposed UK legislation to extend term of copyright protection for industrially exploited designs
Copyright protection in the UK for industrially exploited artistic designs is limited to 25 years. Proposed legislation will extend the protection to life of the author plus 70 years. It is argued that, at present, UK law is in conflict with the copyright Term Directive (which harmonised the term of copyright protection to life of the author plus 70 years) as highlighted by the judgment of the Court of Justice of the European Union in the Flos v Semeraro case (C-168/08). In a well attended meeting in London, the arguments for and against this proposal were discussed at length.
(Article by Annabelle Maddison, Bristows, London, United Kingdom)

United States of America: Elimination of the U.S. Inter-Partes Review “Dead Zone”
A technical amendment to the America Invents Act will soon eliminate a nine month period during which Inter–Partes Review has been unavailable against patents presently issuing in the United States.
(Article by Kelly G. Hyndman, Sughrue Mion PLLC, Washington, United States of America)
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AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX | CH-8027 Zurich | Tel. 44 280 58 80 | Fax 44 280 58 85 | enews@aippi.org | www.aippi.org

This issue was prepared by Ching-Ying Chen, AIPPI General Secretariat
in co-operation with Stephan Freischem, Secretary General of AIPPI and the Communications Committee:
Chair:Charters Macdonald-Brown
Members:Johnny Fiandeiro
Kristian Fredrikson
Klaus Haft
Bernardo Herrerias
Jehyun Kim
Emmanuel Larere
Bianca Manuela Gutierrez
Bill Mayo
Petri Rinkinen
Robert Sacoff
Ana de Sampaio
Matthew Swinn

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While AIPPI makes every effort to be accurate in the information it transmits, such information is not to be considered as substitute for specific and qualified professional advice. AIPPI accepts no responsibility for opinions expressed in interviews or for the information provided through external web links.
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