No. 38
October 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 logo
 AIPPI Bureau
 AIPPI 2014 Toronto Congress
 Forthcoming Events
 Articles and notes
 National Groups

Download printable fulltext version here.
AIPPI Bureau
New Bureau of AIPPI
(Laurent Thibon, Secretary General)
On 17 September 2014, the Executive Committee of AIPPI elected a new Bureau of AIPPI.
AIPPI 2014 Toronto Congress
AIPPI 2014 Toronto
(Felipe Claro, President of AIPPI)
The recent AIPPI Congress in Toronto, from 14 to 17 September, 2014, attracted more than 1600 attendees and resulted in a wonderful gathering where attendees not only shared professional work and participated in IP debate, but also shared a friendly and attractive environment. This Annual Congress will also be remembered for its brilliant organization.
 
AIPPI Toronto thanks you
(Philip C. Mendes da Costa, Chair Organizing Committee)
On behalf of the Toronto Organizing Committee, AIPPI Canada as well as AIPPI, I would like to thank all of the participants and accompanying people who attended this year's Congress. We have appreciated all of the positive comments we have received. It was a pleasure to have been able to act as host this year. See you in Rio!
 
Resolutions adopted in Toronto
(Sarah Matheson, Reporter General of AIPPI)
The delegates at the 2014 Congress in Toronto last month adopted five Resolutions on various questions of intellectual property law. Each resolution provides important guidance for further harmonisation of relevant laws. The first question, Q238, looked at patent protection for second medical use and other second indication claims. The second question, Q239, examined the basic mark requirement under the Madrid System. The third question, Q240, concerned exhaustion issues in copyright law. The fourth question, Q241, analysed the effect of insolvency on IP licences. Besides the Resolutions emerging from those regular working questions, AIPPI also adopted a Resolution on prior user rights, following on from the Resolution adopted at the Forum/ExCo meeting in Helsinki in 2013 on the grace period for patents.

The texts of the adopted Resolutions are available on our website and here. A summary of the Resolutions can be found here.

The Resolutions will now be disseminated by the Bureau and the National and Regional Groups to all relevant authorities and bodies so that they may make use of them.
 
Workshops: Presentations are now available online
(Sarah Matheson, Reporter General of AIPPI)
The Toronto Congress offered 13 workshops covering a wide variety of topical issues in intellectual property, including patenting of computer implemented inventions; use of survey evidence in trademark cases, cross-border infringement of IP rights; and copyright aspects of embedding, framing and hyperlinking. Further highlights included a workshop on 3D printing, complete with a live demonstration; and a mock international arbitration featuring a design dispute argued by experienced plaintiff and defendant teams, and judged by an expert panel of arbitrators. A welcome late addition to the workshop programme was made possible by the recent US Supreme Court decision in the Aereo case, hailed as a victory for broadcasters.

Continuing to build on the success of “Pharma Day”, one stream of four workshops was devoted to current issues in the pharmaceutical industry, including biosimilars, patent term extensions and SPCs, and patent linkage. Topically, in light of the Apotex v Sanofi-Aventis appeal currently before the Supreme Court of Canada (in which AIPPI has been granted leave to intervene) the fourth Pharma workshop considered the requirements for disclosure of utility/industrial applicability and the ramifications for patent validity. A description of the Toronto Congress workshops, speakers and their presentations are available here.
 
Standing Committee Reports and Presentations are available online
(Sarah Matheson, Reporter General of AIPPI)
The annual reports of AIPPI's Special Committees (now to be called “Standing Committees”) received by the Reporter General prior to the Toronto Congress were made available to all ExCo participants, and are now available online here. A number of Standing Committees also delivered presentations on their work during the year which are available here.

Of particular note are two substantive additional reports, prepared by the Standing Committee on Standards and Patents and the Standing Committee on IP & Green Technology, respectively. Each contains detailed findings and recommendations. As such, they provide a basis for further consideration with the objective of reaching resolutions in support of international harmonisation of laws and best practices in their respective areas. Those reports can be found here.
 
AIPPI Congress News of Toronto 2014
(AIPPI General Secretariat)
Articles published by Managing Intellectual Property
 
Membership Committee report
(AIPPI General Secretariat)
Please see the Membership Committee Annual Report for AIPPI Congress 2014.
 
Communications Committee report
(AIPPI General Secretariat)
Please see the Communications Committee Annual Report for AIPPI Congress 2014.
 
 
Your opinion is important to us
(AIPPI General Secretariat)
Give us your feedback on the latest AIPPI Congress 2014
Forthcoming Events
October 2014: AIPPI booth at AIPLA Annual Meeting, Washington, 23-25 October 2014
(AIPPI General Secretariat)
AIPPI will be at the AIPLA annual meeting. Come and visit us at booth no.40 in the Exhibition hall to gather information and gadgets of Rio de Janeiro, Brazil and Milan, Italy (Host cities of the AIPPI events in 2015 and 2016).
 
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: Indo-European conference on ICT related patents at EPO in Munich on 7 November 2014
(EPO)
The European Patent Office (EPO) and the Department of Electronics & Information Technology (DEITY) together with the Ministry of Communication & Information Technology from the Government of India, will jointly organise a high-level “ Indo-European conference on ICT-related patents” at the EPO in Munich on 7th November 2014.

The programme foresees participation by senior Indian government representatives, the heads of EPO and the Indian Patent Office as well as many prominent experts from India and Europe. Please refer to www.epo.org/learning-events/events/conferences/indo-european.html for further details.
 
November 2014: APAA 63rd Council Meeting, Penang, Malaysia, 8-11 November 2014
(APAA)
APAA 63rd Council Meeting, Penang, Malaysia, 8-11 November 2014 view details
 
November 2014: The CEIPI (Center for International Intellectual Property Studies) is celebrating its 50th Anniversary, 27-28 November 2014
(CEIPI)
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.
 
November 2014: ASIPI XVIII Work Sessions and Administrative Council and 50th Anniversary, Mexico City, Mexico, 30 November 2014 - 03 December 2014
(ASIPI)
ASIPI XVIII Work Sessions and Administrative Council and 50th Anniversary, Mexico City, Mexico, 30 November 2014 - 03 December 2014
 
December 2014: IP Summit 2014, Brussels, 4-5 December 2014
(Premier Cercle)
AIPPI is supporting the IP Summit 2014, which will be held in Brussels on Thursday 4th and Friday 5th December 2014. AIPPI members will be granted a 33% discount on the registration fee. More information here.
 
December 2014: When Trademarks Overlap with Other IP Rights. Grand Munich in Munich, 8-9 December 2014
(INTA)
The International Trademark Association's (INTA) When Trademarks Overlap with Other IP Rights conference will take place at the Hotel Westin Grand Munich in Munich, Germany on 8 - 9 December 2014. The lack of harmonization in legislative policy and judicial thinking has led to a patchwork of protection. Some badges of origin seem to be protected several times over while others risk missing protection entirely. How do trademark owners strike the right balance? This conference promises to tackle the emerging issues in the area of trademark and other intersecting rights. For more information on program, speakers, panel discussions and registration, please visit INTA website at: www.inta.org/2014tmoverlap.
Articles and notes
Australia: A dichotomy in legal outcomes makes for rocky roads ahead
(Tania Obranovich and Chris Vindurampulle, Watermark Intellectual Asset Management, Melbourne, Australia)
The patentability of isolated genes remains a contentious issue. The recent emergence of a significantly different standard for patent eligibility in the US relative to Australia, and most other jurisdictions, creates commercial uncertainty. This has the potential to undermine investment and innovation in the biotechnological and pharmaceutical sectors.
 
Colombia: Trademark registration highway in Colombia
(Margarita Castellanos, CASTELLANOS & CO., Bogotá, Colombia)
The national trademark office of Colombia is trying to become one of the fastest offices to prosecute trademark applications in the world. In order to achieve this goal, it issued resolution No. 48348 of August 10, 2014, by which it will be possible to grant trademark registrations in less than six months.
 
European Union: No restrictive interpretation of grounds for exclusion three-dimensional trademarks
(Tobias Cohen Jehoram, De Brauw Blackstone Westbroek, Amsterdam, The Netherlands)
The ECJ has handed down its decision in the Hauck vs Stokke case, in which the Court considers that the grounds for exclusion of three-dimensional trademarks should not be interpreted restrictively. Obtaining a valid three-dimensional trademark registration in the EU may now prove even more difficult than before.
 
Italy: The Court of Milan in Sanofi v. Teva “repeats” the CJEU judgment in Actavis
(Elena Martini, Elena Martini, Milan, Italy)
The Court of Milan decided the case filed by Sanofi against Teva for alleged infringement of SPC '653, covering the Sanofi CoAproval medicine. The decision found SPC '653 invalid, conforming to the judgment of the CJEU in Actavis.
 
Japan: Re-introduction of post-grant patent opposition in Japan
(Hirohito Katsunuma, Kyowa Patent and Law Office, Tokyo, Tokyo)
Amendments to Japanese IP laws adopted on May 14th, 2014 have re-introduced a post-grant patent opposition system, after its abolition in 2003.
 
Russia: Substantial amendments to the Russian IP law are now in force
(Irina Ozolina, Sojuzpatent, Moscow, Russia)
Substantial amendments to the Russian IP law have been adopted recently. Among the crucial changes, patenting of industrial designs comes closer to the European procedure, utility models are subject to substantive examination, and failure to meet the sufficient disclosure requirement is a ground for patent invalidation.
 
UK: The Regretful Patentee: Re-emergence of File Wrapper Estoppel in the UK
(Ralph Cox and Simon Spink, Fasken Martineau LLP, London,UK)
Since the 2004 judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. Both these assumptions are thrown into doubt by the Patent Court's May 2014 decision in Actavis v Eli Lilly.
 
U.S.A.: Alice Neither a Wonderland Nor a Wasteland - Yet
(Kelly G. Hyndman, Sughrue Mion, PLLC, Washington, DC, USA)
Relying at least in part on the U.S. Supreme Court's Alice decision, the Court of Appeals for the Federal Circuit (CAFC) has recently decided two appeals that held various patent claims invalid for lack of statutory subject matter.
National Groups
China: The 2014 AIPPI China Youth IP Seminar, August 1-2, 2014
(Richard/ Yi Li, Secretary General of Chinese Group of AIPPI)
The Chinese Group of AIPPI held its 2014 annual seminar in Beijing on August 1-2, entitled “2014 AIPPI China Youth IP Seminar”. It is the first time the Group has organized a seminar to present and discuss hot IP issues in English.
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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 Olga Sirakova, Deputy Secretary General of AIPPI and the Communications Committee:
Chair: Matthew Swinn
Members: Johnny Fiandeiro
  Erik Ficks
  Eléonore Gaspar
  Bianca Manuela Gutierrez
  Bernardo Herrerias
  Bill Mayo
  Petri Rinkinen
  Robert Sacoff
  Ana de Sampaio
  Richard Vary
  Peter Widmer

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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