No. 34
February 2014

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International Association for the Protection of Intellectual Property
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AIPPI logo
 AIPPI Bureau
 AIPPI 2014 Toronto Congress
 Forthcoming Events
 Articles and notes

Download printable fulltext version here.
AIPPI Bureau
Greeting for the New Year
(John Bochnovic, President of AIPPI)
The year ahead will officially start the era of annual Congresses for AIPPI and, in the meantime, AIPPI's work continues at a more intense pace than ever with further work on our strategy review, amicus briefs and submissions, and greater cooperation and collaboration amongst non-governmental associations.
 
ASIPI Rocks in Punta Cana
(Felipe Claro, Vice President of AIPPI)
The recent ASIPI meeting in Punta Cana proved to be a useful place to interact with colleagues from the Americas and to promote the new AIPPI Central-America and Caribbean Regional Group.
 
The visibility of AIPPI at the European Commission and at OHIM
(Laurent Thibon, Deputy Secretary General of AIPPI)
An important step in the development of relations among AIPPI, the European Commission and OHIM has just been taken with the inscription of AIPPI in the Transparency Register of the European Union. At OHIM, AIPPI is now a member of the Observatory network.
 
Obituary for Martin J. Lutz (20 June 1939 to 29 December 2013)
(Thierry Calame, Reporter General of AIPPI)
Dr. Martin J. Lutz, former Secretary General and President of Honour of AIPPI, passed away on 29 December 2013, at the age of 74. AIPPI has lost one of its most esteemed and respected active members.
AIPPI 2014 Toronto Congress
AIPPI 2014 Toronto World Intellectual Property Congress, 14-17 September 2014
(Philip C. Mendes da Costa, Chair Organizing Committee)
The World Intellectual Property Congress is being designed to create a casual environment in which you can meet old friends and clients, and make new friends. Registration will open soon so keep a look out for the programme.
 
AIPPI 2014 Toronto World Intellectual Property Congress, 14-17 September 2014 (Sponsorship opportunity)
(Toronto 2014 Organizing Committee)
AIPPI 2014 Toronto World Intellectual Property Congress is approaching and the sponsorship brochure is now available. Sponsorship opportunities are going fast so we invite you to review the sponsorship brochure now.
 
Working Guidelines for the Toronto Working Questions
(AIPPI General Secretariat)
The Working Questions for Toronto 2014 are:

Q238 Second medical use and other second indication claims

Q239 The basic mark requirement under the Madrid System

Q240 Exhaustion issues in copyright law

Q241 IP licensing and insolvency

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 the Group Reports by Monday 19 May 2014.
 
AIPPI 2014 Toronto Congress, important dates and deadlines
(AIPPI General Secretariat)
  • Opening of registration 31 March 2014
  • Deadline for early bird registration fee 9 June 2014
  • Deadline to regular registration fee 11 August 2014
For further details as well as all up to date information on the meeting we invite you to visit soon our meetings website www.aippi.net.
Forthcoming Events
March 2014:  AIPPI IP Seminar 2014, 14 March 2014, KKR Hotel Tokyo
(Japanese Group of AIPPI)
For more information, please see the flyer and the registration form.
 
March 2014:  Intellectual Property Seminar, ASIPI-ABAPI Sul, Porto Alegre, Brazil, 15 - 18 March 2014
(Brazilian Group of AIPPI)
For more information, please see: http://www.asipiportoalegre2014.com/en.
 
April 2014:  AIPPI Turkey - 3rd IP Seminar, 7 - 8 April 2014, Harbiye Military Museum and Convention Center, Istanbul
(Turkish Group of AIPPI)
For more information, please see: http://www.aippiturkey.org/aippi_2014/en/
 
April 2014 French-Brazilian Seminar on the Functions of Intellectual Property Rights
With AIPPI support, a French-Brazilian Seminar will be held in Belo Horizonte on 8 and 9 April 2014 and in Rio de Janeiro on 11 April 2014. This Seminar will be an opportunity to share the experiences of academics and professionals of both countries.
Articles and notes
Australia: The High Court gives generics the rubber-stamp for “skinny labelling” (but no surprises on method of treatment patents)
(Matthew Swinn and David Fixler, Corrs Chambers Westgarth, Melbourne, Australia)
The High Court of Australia has confirmed that methods of medical treatment are patentable subject matter in Australia. However, it remains uncertain whether medical/surgical procedures are patentable. The High Court's approach to infringement by supply is a welcome surprise for generic pharmaceutical companies.
 
Canada: IP Treaties in Canada's Parliament
(Matthew Zischka, Smart & Biggar/Fetherstonhaugh, Toronto, Canada)
Canada's government has taken the first step towards implementing the Madrid Protocol, the Singapore Treaty, the Nice Agreement, the Hague Agreement and the Patent Law Treaty into national law by tabling the treaties in its Parliament.
 
Chile: INAPI - Chile
(INAPI)
The National Institute of Industrial Property of Chile (INAPI) was appointed in 2012 as an Administration Office for the International Search and Preliminary Examination (ISA/IPEA) under the Patent Cooperation Treaty. It is the second ISA/IPEA office in South America, together with Brazil, and the second Spanish speaking office, together with Spain. Operation of this new office will start by the end of 2014. More information in www.inapi.cl/portal/prensa/607/w3-article-3467.html.

Also, the Chilean Agricultural Research Institute (INIA), through one of its branches, has been recognized as international authority for the deposit of microorganisms, according to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms. More information in www.wipo.int/treaties/en/registration/budapest/index.html.
 
Europe: European Commission calls for experts
(AIPPI General Secretariat)
Commission calls for experts to join its database of independent experts for research and innovation falling within the Horizon 2020 Programme.
 
Europe: OHIM Webinar on the new e-filing tool
(AIPPI General Secretariat)
OHIM has uploaded a recorded Webinar on the new e-filing tool, held on 27 November 2013.
 
France: Judgment of the Court of Justice of the EU Grand Chamber
18 July 2013, Case C-414/11
Daiichi Sankyo Co.   v.  DEMO Anonimos Viomikhaniki kai
Sanofi-Aventis Deutschland   Emporiki Etairia Farmakon

(Catherine Mateu, Catherine Mateu, Paris, France)
The CJEU has ruled in a Greek patent / SPC case that article 27 of the TRIPS Agreement fell within the exclusive competence of the EU. This is a major decision in relation to international intellectual property law within the EU because all the TRIPS provisions may fall within the exclusive competence of the EU.
 
UK: Gilding the Lilly: Making Sense of the CJEU's recent SPC decisions
(Ed Oates and Frederick Nicolle, Carpmaels & Ransford LLP, London, UK)
AIPPI's seminar on the recent CJEU decisions concerning Supplementary Protection Certificates (SPCs), saw attendees from private practice, industry and the judiciary discussing whether the CJEU has now resolved the confusion left by Medeva, and where the law might go next.
 
US: Burden of Proving Infringement in Declaratory Judgment Action Brought by Licensee Rests with Licensor Patentee: United States Supreme Court in Medtronic.
(Kelly G. Hyndman, Sughrue Mion, PLLC, Washington, DC, United States)
The United States Supreme Court in Medtronic v. Mirowski Family Ventures overruled the Court of Appeals for the Federal Circuit which had held that, where a license prevents a patent licensor from making an infringement counter-claim, the licensee as a declaratory judgment plaintiff bears the burden of showing non-infringement. The U.S. Supreme Court disagreed with this holding, ruling that patentee always bears the burden of proving infringement.
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The e-News is a bimonthly electronic publication of AIPPI, International Association for the Protection of Intellectual Property.
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

Disclaimer:
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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