No. 37
August 2014

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International Association for the Protection of Intellectual Property

AIPPI General Secretariat |Toedistrasse 16 |P.O.BOX |CH-8027 Zurich
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 AIPPI Bureau
 AIPPI Committees
 AIPPI 2014 Toronto Congress
 Forthcoming Events
 GOs & NGOs
 Articles and notes
 National Groups

Download printable fulltext version here.
AIPPI Bureau
Tegernsee Symposium - Focused on Grace Period
(John Bochnovic, President of AIPPI)
In cooperation with AIPPI and FICPI, the JPO held a Symposium in Tokyo on July 10, 2014 entitled “Tegernsee Symposium - Focused on Grace Period”. There were presentations from international user groups, universities and SME's followed by a panel discussion. AIPPI took a leading role and three members of the Bureau were in the Symposium program. It is hoped that the success of this Symposium will motivate further discussion of this kind, particularly within Europe.
 
AIPPI (International Association for the protection of Intellectual Property) is recruiting an Executive Director
(AIPPI General Secretariat)
See job profile here
 
AIPPI Yearbooks
New releases
2013 Book 1  2013 Book 2  2013 Book 3

(AIPPI General Secretariat)
The Yearbook 2013, including the Reports from the National Groups and the Resolutions discussed at AIPPI's Forum & Executive Committee Meeting in Finland, is now available online.
AIPPI Committees
AIPPI attends the 28th session of the Standing Committee on Copyright and Related Rights
(Thomas Widmer, Member of the Special Committee “Copyright” Q226)
Between 30 June and 4 July 2014, the Standing Committee on Copyright and Related Rights discussed in Geneva ways to harmonize exceptions and limitations for educational, teaching and research institutions.
AIPPI 2014 Toronto Congress
IP lunches - AIPPI has planned two additional lunch-time IP panels at AIPPI's World Congress 2014:
(AIPPI General Secretariat)
Extension of the Hague System for the International Registration of Designs – Monday, September 15, 12:30-14:00

Christian Archambeau, Vice-President of OHIM, will give a keynote address outlining the history and experience of OHIM in the designs sector and with the Hague System.

Gregoire Bisson, Director of the Hague Registry at WIPO will provide an overview of the Hague System and comment on the changes needed for it to be workable for countries having an examination system. It will be followed by a panel discussion by representatives who will provide a brief overview of the current status of accession to the Hague System in their respective offices.

This panel comprises Hideo Hato, Advisor to the Commissioner and Former Commissioner, JPO; Joon Seok Lee, Deputy Commissioner, KIPO; and David R. Gerk, Office of Policy and External Affairs, USPTO..

Sylvain Laporte, Commissioner of the Canadian Intellectual Property Office, will moderate this lunchtime session.

Patent Law Harmonization – Tuesday, September 16, 12:30-14:00

Benoit Battistelli, President of EPO will give the keynote address, to provide an overview of EPO's recent activities, including its efforts to advance the building of a global patent system, both in respect of substantive patent law harmonization and technical and procedural harmonization within the framework of the IP5.

Sylvain Laporte, Commissioner of the Canadian Intellectual Property Office, will moderate a discussion which begins with Marco Aleman, the Acting Director of the Patent Law Division at WIPO, briefly updating the status of on-going harmonization efforts within WIPO and the Group B+. It will be followed by a panel discussion focusing on substantive harmonization and the issues of grace period, publication at 18 months, treatment of conflicting applications and prior user rights.

This panel comprises Margot Fröhlinger, Principal Director Patent Law and Multilateral Affairs, EPO; Hideo Hato, Advisor to the Commissioner and Former Commissioner, JPO; Joon Seok Lee, Deputy Commissioner, KIPO; and Charles Eloshway, of the Office of Policy and External Affairs, USPTO.
 
Agenda of the forthcoming General Assembly
(AIPPI General Secretariat)
In accordance with Article 5 of the Statutes, the Bureau of AIPPI kindly invites you to the forthcoming General Assembly to be held on 17 September 2014 on the occasion of the Toronto Congress. The draft Agenda can be found here.
 
Make your plans for AIPPI Toronto
(Philip C. Mendes da Costa, Chair Organizing Committee)
We are just weeks away from the start of this year's Congress and the Organizing Committee is working to put the finishing touches on the program.
 
AIPPI conference app
(AIPPI General Secretariat)
For conference information on your smartphone or tablet, don't hesitate to use the web-based AIPPI conference app available at m.twoppy.com/aippi2014.

You will find the programme, the list of speakers, maps, etc. The app is already available and its content will be regularly updated.

The AIPPI conference app is optimized for iOS, Android and RIM, but is also accessible via a PC.
 
AIPPI Congress News
(AIPPI General Secretariat and Managing IP)
AIPPI is pleased, once again, to be working with Managing IP to publish The AIPPI Congress News - the dedicated daily newspaper for the 44th World IP Congress being held in Toronto, 14-17 September 2014.
Forthcoming Events
August 2014:  XXXIV Congresso da ABPI, 24-26 August 2014
(ABPI)
World Trade Center Sao Paulo Events Center Av. das Nacoes Unidas, 12551 - Brooklin Novo, Sao Paulo, Brasil, 24-26 August 2014. Please click here for registration information.
 
September 2014:  MIP European Patent Reform Forum 2014
(Bastian Renner, Managing Intellectual Property (part of Euromoney Institutional Investors PLC), London, United Kingdom)
The 33rd ECTA Annual Conference will take place this year in Alicante (Spain), 18-21 June, 2014. Discuss and see how the European Patent Reform will impact on your IP strategy. Join Managing IP in Munich (September 9) or Paris (September 11) at MIP's European Patent Reform Forum. In-house counsel and IP managers attend for FREE.
 
November 2014:  FICPI 15th Open Forum, Barcelona, 5-8 November 2014
(FICPI)
The FICPI 15th Open Forum in Barcelona will take place on 5-8 November 2014. More information is available at www.ficpi.org.
 
November 2014:  The CEIPI (Center for International Intellectual Property Studies) is celebrating its 50th Anniversary, 27-28 November 2014
(FICPI)
The CEIPI (Center for International Intellectual Property Studies) is celebrating its 50th Anniversary. At this occasion, the CEIPI organizes an international conference on the theme “Perspectives for the Intellectual Property System in a Globalized World”. Please click here to see the flyer. This event will be held on November 27th and 28th 2014 at the Council of Europe (Strasbourg, France). Please click here more information.
GOs & NGOs
WIPO: Successful launch of the Madrid Portfolio Manager (MPM)
(WIPO)
The Madrid Portfolio Manager allows holders of international trademark registrations to access the entire file of each registration online, as well as submit requests for changes such as subsequent designations, changes in ownership, limitations of the list of goods and services, changes in name and/or address of the holder, and use electronic payment and electronic renewal facilities.
Articles and notes
Brazil: Update on the “Upland Cotton” dispute in the WTO between Brazil and the U.S.
(Gustavo Starling Leonardos, Luiz Leonardos & Cia, Rio de Janeiro, Brazil)
IP rights caught in the crossfire: in 2005 Brazil won a WTO dispute against the United States over subsidies given to “upland cotton” producers. The 2014 US Farm Bill creates new subsidies on cotton and Brazil is now threatening to implement cross-retaliations against IP rights.
 
Canada: Canada's New Trademarks Act - One Step Closer to Implementation
(Kelly Gill and Bruce Morgan, Gowlings, Toronto and Ottawa, Canada)
Amendments to the Trademarks Act needed for Canada's adherence to the Madrid Protocol, Singapore Treaty and Nice Agreement, along with other significant changes, received Royal Assent on June 19, 2014 and are expected to come into force in the next 12 to 18 months.
 
Germany: Personal computers, printers and/or plotters considered as reprographic devices according to Paragraphs 54 and 54a of the Copyright Act (old version) BGH, Urteil Juli 3rd 2014 - I ZR 28/11 - Drucker und Plotter III
(Moritz Schumacher, Reimann Osterrieth Köhler Haft, Duesseldorf, Germany)
In the latest dispute between the authorised collecting society of authors and publishers, VG Wort, and the manufacturers, importers and distributors of personal computers and printers, the Federal Court of Justice has decided that manufacturers must pay remuneration under the Copyright Act.
 
Italy: European patents and the Italian torpedo: the IP Court of Milan departs from the Court of Cassation
(Luigi Manna, Martini Manna Avvocati, Milan, Italy)
The IP Court of Milan rules out the jurisdiction of Italian courts with regard to actions for a negative declaration of infringement of foreign portions of European patents based on Article 5(3) of Regulation 44/2001.
 
Italy: ECJ rules over temporary reproduction exemption under Directive 2001/29/EC
(Barbara Sartori, Luca Tramontin, CBA Studio Legale e Tributario, Padova, Italy)
According to the ECJ, a copyright holder's exclusive right of reproduction and authorization is subject to the exemption provided by the Copyright Directive for so-called “temporary reproductions” in the event of “on-screen copies” and “cached copies” made by a user when visiting a web site.
 
Japan: New Trademark Law in Japan
(Mizue Kakiuchi, Hogan Lovells, Tokyo, Japan)
After several years of discussions, Japan has passed amendments to the Trademarks Act that will recognize sounds, colours, holograms, motions or positions as trademarks. The Amendment will likely take effect on April 1, 2015, which marks the beginning of the year in Japan.
 
Korea: Allowing Filing of Foreign Language Patent Applications
(Jin Hwan Kim, MAPS Intellectual Property Law Firm, Seoul, Korea)
Beginning in 2015, Korean patent applications can be filed in English. A Korean translation, however, must follow within fourteen months from the priority date, otherwise the patent application will be deemed withdrawn.
 
Singapore: Too Pedantic with the “P”?
(Geetha K., KASS International Sdn Bhd, Kuala Lumpur, Malaysia)
When it comes to designing your trademark, it is important to create one that is distinctive and ideally not reminiscent of other trademarks out there in order to avoid situations such as the following case, which took place in Singapore recently.
 
UK: The UK's new Intellectual Property Act 2014
(Jamie Muir Wood, Hogarth Chambers, London, UK)
On 14 May 2014, the United Kingdom's Intellectual Property Bill received Royal Assent, becoming the Intellectual Property Act 2014.The Intellectual Property Office suggests that the provisions will start to come into force from 1 October 2014.
 
U.S.A.: United States Supreme Court in Alice Corp. v. CLS Bank Makes Obtaining Software Patents in the US More Difficult for Patent Practitioners
(Joshua Goldberg and Rich Beem, Nath, Goldberg & Meyer and Beem Patent Law Firm, Washington, DC and Chicago, IL, U.S.A.)
The Supreme Court held claims directed to methods for exchanging financial obligations using a computer system and the computer system are not patent-eligible as “nothing significantly more' than an instruction to apply the abstract idea...using some...generic computer.” Software and business methods are now likely more difficult to protect in the US.
National Groups
Japan: The Japan Patent Office (JPO) held a symposium on July 10 entitled the Tegernsee symposium - Focused on Grace Period
(JPO)
The Japan Patent Office (JPO) held a symposium on July 10 entitled the Tegernsee symposium - Focused on Grace Period. (More details such as presentation materials are available on the URL show below.) At the Symposium, the JPO distributed a questionnaire to the attendees, with a focus on major discussion points about the grace period. Moreover, taking this opportunity, the JPO intends to obtain a wider variety of opinions on this matter also from users who did not attend the symposium and from any participants who did not return their surveys at the symposium. In this regard, I would appreciate it if you would access to the questionnaire which is on the symposium website and send back your responses. The deadline is August 31. www.jpo.go.jp/torikumi_e/hiroba_e/patent_sympo260710/en/questionnaire.html
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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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