AIPPI adopts five important Resolutions at the 2026 Hamburg World Congress

Q297 Divisional Applications and Double Patenting

The Resolution on “Divisional Applications and Double Patenting” (Q297) provides guidance on the treatment of divisional applications and double patenting. It makes clear that double patenting should not be permitted for the same subject matter, but that an obviousness standard should not apply, and sets out how double patenting may be resolved. It further provides guidance on when divisional applications may be filed, how they should be examined, and the treatment of lack-of-unity objections and prosecution history.

Q298 Parody as a Defence to Trade Mark Infringement

The Resolution on “Parody as a Defence to Trade Mark Infringement” (Q298) calls for the recognition of parody and freedom of expression as a defence to trade mark infringement, while making clear that this should not amount to an unrestricted exception. It provides guidance on balancing the legitimate interests of trade mark owners with artistic freedom, criticism and social commentary. Importantly, the Resolution recognises that commercial exploitation should not automatically exclude a parody from protection. Instead, each case should be assessed in light of its particular circumstances, including the nature of the parody and its differences from the original trade mark. At the same time, parody should not cause consumer confusion, take unfair advantage of a trade mark or harm its distinctive character or reputation.

Q299 Online infringement and territoriality considerations

The Resolution on “Online infringement and territoriality considerations” (Q299), is one of the AIPPI’s most significant resolutions in the field of private international law as it applies to intellectual property. It addresses key issues concerning the criteria for determining the competent court, as well as the applicable law, in the context of online copyright infringement. It also proposes a harmonised interpretation of Article 5(2) of the Berne Convention. Finally, it establishes the legal framework for geo-blocking mechanisms.

Q300 Dynamic Blocking Injunctions

The Resolution on “Dynamic Blocking Injunctions” (Q300) establishes a framework for the global recognition of dynamic blocking injunctions as a remedy against evolving forms of online IP infringement. It recommends their availability for copyright and related rights, trade marks, designs and geographical indications, and identifies the key factors governing their grant, including prima facie infringement, urgency, proportionality and the conduct of the infringer. It calls for targeted and proportionate blocking measures, orders that remain in force only as long as necessary and are subject to review, and safeguards allowing affected parties to seek appeal, modification or revocation. In this way, the Resolution balances effective IP enforcement with due process, freedom of expression, access to information and other legitimate public interests. As the first AIPPI Resolution on the topic, it responds to the growing inadequacy of traditional injunctions against rapidly evolving online infringement and offers common principles for effective enforcement that guard against over-blocking.

Q301 Microbiome-Based Inventions (SC Biotech Resolution)
The Resolution on “Microbiome-Based Inventions” (Q301) provides guidance on subject matter eligibility and disclosure requirements for microbiome-based inventions. It makes clear that such inventions should not be excluded solely because they concern microorganisms, microbial consortia, or microbiomes isolated from natural environments, and that technical intervention, such as isolating, modifying, formulating, engineering, or using such material, should confer subject matter eligibility. It further provides that microbial consortia and other microbiome-based compositions should be assessed as compositions of matter, including by considering formulation, functional interaction, and synergistic technical effect. The Resolution also calls for internationally consistent and predictable standards for disclosure, enablement, sufficiency, and reproducibility, with biological deposits being optional but sufficient for disclosure when duly made and disclosed.

Under the leadership of Ralph Nack, former Reporter General of AIPPI, these Resolutions brought together several hundred leading experts on the issue from more than 40 different countries. The RGT worked for a year on this subject, from drafting the Study Guidelines, to developing the National Reports, and then writing the Summary Reports. The Study Committees then prepared the First Draft Resolutions for the 2026 AIPPI World Congress and held a one-day meeting of invigorating debate at the 2026 AIPPI World Congress, providing the Second Draft Resolutions. AIPPI discussed these Second Draft Resolutions in Plenary Sessions and finally approved the Resolutions after further debate in ExCo II.

This highly scientific approach of AIPPI and the most elaborated democratic voting process leading to the finally adopted Resolutions ensures that AIPPI’s Resolutions are most meaningful on the merits and simultaneously represent an impressive consensus among the membership of AIPP at large.

All AIPPI members, especially the leadership of the National and Regional Groups of AIPPI are most strongly encouraged to actively communicate the newly Adopted Resolutions to the relevant stakeholders in their respective countries, emphasising the diligence and legitimacy behind each of the Resolutions. AIPPI relies on this critical support of each AIPPI member that the Resolutions eventually become impactful.

Thank you to all the members of the AIPPI who contributed to these works, notably:

• Ralph Nack, former Reporter General AIPPI (2024 – 2026)
• Guillaume Henry, elected Reporter General AIPPI (2026)
• Johanna Flythström, First Deputy Reporter General AIPPI
• Rafael Atab, Klaudia Błach-Morysińska, Mamta Rani Jha, and Yanfeng Xiong, Assistants to the Reporter General AIPPI
• The Leadership and Members of the Study Committees
• The Chairs of the Plenary Sessions
• The Biotech Standing Committee!