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AIPPI-E.NEWS-FORTHCOMING EVENTS

AIPPI Seminar in the Dominican Republic, 15-16 June, 2012
At the initiative of AIPPI and through Sergio Ellmann, Assistant to the Secretariat General, a Seminar will be held on June 15 and 16, 2012 in Santo Domingo, Dominican Republic. The organizing committee comprises a team of members of AIPPI from the Central American region, including Edy Guadalupe Portal (El Salvador), Christian de Lespinasse (Haiti), Aaron Montero (Costa Rica), Emil Arguelles (Belize) and Luis Guinard (Panama), with AIPPI friends of the region, including Wallis Pons Cardí (Dominicana), Analucia Carrillo (Guatemala), Ricardo Mejias (Honduras), Julian Bendaña (Nicaragua) and Ricardo Antequera (Venezuela).

The Seminar will be held at the Hilton hotel of Santo Domingo. The Programme for this Seminar will deal with Patent and Trademark Office Best Practices, Border Measures, Compliance with IP aspects in International Agreements (CARICOM, CAFTA, PCT), and Protection of Designs and Industrial Models.

This Seminar will be followed the day after by a meeting of local members with the Secretariat General Team for evaluating the opportunity of creating a new Group within AIPPI for this region.

Please check carefully your mailboxes: an email will soon arrive announcing the opening of registration.
(Laurent Thibon, Deputy Secretary General of AIPPI)

AIPPI Turkey´s 2nd IP Law Seminar on 28-29 June, 2012
AIPPI Turkey´s 2nd IP Law Seminar on 28 and 29 of June 2012, will be held in Istanbul at The Marmara Hotel. This year’s themes are “From a Turkish and International Perspective Infringements of IP Rights on the Internet - Protective Measures at Customs - Patent Mock Trial - Mock WIPO Case-UDRP Arbitration on Domain Name Disputes”. The two main items addressed at this year´s seminar are “Infringements of IP Right on the Internet” and “Protective Measures at Customs”. The programme includes presentations relating to these two topics and two mock trials. One of the trials will concern a WIPO Case-UDRP Arbitration Procedure on Domain Name Disputes, and the other will concern issues related to patent law.

You can download the programme brochure, view the invitation and register online when you click the corresponding link. (http://www.aippiturkey.org/aippi_2012/en/katilim.php).
(Turkish Group of AIPPI)

Forthcoming speaking event in London
Forthcoming speaking event in London: The UK launched a “Consultation on standardised packaging of tobacco products” on 16 April 2012. This has prompted the UK Group of AIPPI to hold a speaking event, “Plain Packaging: are trade marks under attack?” in London on Tuesday 29 May 2012, 5.30pm for 6.00pm at the offices of Edwards Wildman (66 Old Broad Street, London, EC2M 1QS). The speakers will be Christopher Morcom Q.C. (Hogarth Chambers) and Professor Spyros Maniatis (Director of the Centre for Commercial Law Studies, QMUL). Both speakers are well known and highly regarded commentators in the trade mark field and have agreed to lead the discussion on this important issue.

If you would like to attend this event, whether you are a member of AIPPI or not, please register at: http://www.aippi.org.uk/plainpackaging.
(Article by UK Group of AIPPI)

Patentability of Business Methods in Canada
Very few decisions have been rendered on the patentability of business methods and software-implemented innovations in Canada. Accordingly, the recent issuance of a Canadian patent to Amazon.com, Inc. following a late 2011 Federal Court of Appeal decision is of prime importance for anyone interested in software method and system claims. The request for public comments on the Canadian Intellectual Property Office practices on the enlarged topic of statutory subject-matter, inventive concept and claims to diagnostic methods and medical uses shows the major impact of this decision in Canada.
(Article by Isabelle Chabot, Fasken Martineau, Québec, Canada)

New Trademark Law in Greece
The new Greek Trademark Law 4072/2012 will be applicable from 11 October 2012. Apart from codifying various provisions governing the protection of IRs and CTMs, the new law aims to accelerate the examination and registration procedure and to transpose into national law the EU Directive 2004/48 for the enforcement of IPRs.
(Article by Nikolaos Lyberis, Vayanos Kostopoulos, Athens, Greece)

“FAIR” ending for pc exhibition organizers?
As consumer electronics giants Samsung and Apple engage in a global battle over infringement of each other´s computer tablet and smartphone patent portfolios, two Malaysian organizers of exhibitions for computer ware have engaged in a legal battle over the selection and use of a name for the trade fairs.
(Article by Geetha K., KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

Notification of Thai Department of Intellectual Property Requesting Acceptance of Substantive Examination Reports of ASEAN Members´ Patent Offices
The Department of Intellectual Property (the “DIP”) recently issued a Notification advising that the DIP is prepared to accept substantive examination reports of ASEAN Members’ Patent Offices.

This Notification was issued under the ASEAN Patent Search and Examination Cooperation (ASPEC) Project to assist in expediting the patent examination process; reducing the backlog of patent applications; and, exchanging substantive examination reports among ASEAN members.

Under the new procedure, an applicant can submit a request together with all supporting documents to the DIP to accept an examination report from an ASEAN patent office.

The DIP believes that this cooperation project among ASEAN members will expedite Thai patent examination process and reduce the backlog of patent applications.
(Article by Panisa Suwanmatajarn and Daniel Q. Greif, Siam Premier International Law Office Limited, Bangkok, Thailand)

JACMOLI meets YTL
Mention jewelry and what might come to mind is the famous song belted out by Marilyn Monroe in the 1953 movie “Gentlemen Prefer Blondes”:

“A kiss on the hand can be quite continental...But diamonds are a girl´s best friend”

Indeed – it´s all about the sparkle, shape and size. Though, let´s face it, in this day and age, men seem to be equally enthralled with jewelry. Clearly jewelry, especially designer jewelry, has become such a fashion statement that many creators of designer jewelry are keen to protect the IP that subsists within them. From their design to the copyright and trademark, owners have taken the liberty to ensure that they own the exclusive rights to which they are entitled.
(Article by Lydia Priya Rhanakumar, KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

UK Government proposal for PLAIN PACKAGING of tobacco products - Consultation
Standardisation of packaging for tobacco products. On 16 April 2012, the UK Government published a Consultation document which seeks views from the public on its proposal to standardise packaging for tobacco products. See: http://www.dh.gov.uk/health/2012/04/tobacco-packaging-consultation/. The Consultation period expires on 10 July 2012. Whilst this particular debate relates specifically to tobacco products, there is an underlying issue of considerable importance for trade mark owners generally. Trade marks are property rights: should governments be able to take such rights away when the products to which they are applied (e.g. tobacco) remain legal products? This debate is likely to become global; Australia has already decided to introduce such measures. Who next and for what other products where there might be a health issue which is different or less clear? AIPPI has already submitted a position paper to the EU Commission as a response to the public consultation on the possible revision of the TOBACCO PRODUCTS DIRECTIVE 2001/37/EC in December 2010 and will continue to comment on such initiatives. The AIPPI UK Group is organising a speaking event in London to discuss these issues at the end of May 2012. For more information see: http://www.aippi.org.uk/plainpackaging
(Article by UK Group of AIPPI)

The Subway way
Gone are the days where the word “Subway” only brought to mind visions of underground trains. Nowadays, more often than not, our thoughts are filled with tantalising images of fresh, tasty and succulent sandwiches, and... clothing? Well, IPOS surely thinks so!

In this case, the proprietor of Prosperous Enterprise, who was in the business of selling women´s apparel, had registered the mark “SUBWAY” in Class 25, for clothing. In 2005, it forgot to renew the registration of its mark, causing the registration to subsequently lapse. Upon realizing this, the Applicant sought to re-register the trademark in 2007, but once the application was published, Doctor’s Associates Inc, proprietor of restaurants selling sandwiches and other food and drinks around the world and owner of the famous “SUBWAY” trademark in a multitude of classes, wasted no time in opposing the application.
(Article by Annette Wong, KASS International Sdn Bhd, Kuala Lumpur, Malaysia)

Copyright: Is a working committee on fair use better than the permitted uses and exceptions to copyright protection under UK law? Two differing views from UK lawyers...
This is a short debate between two lawyers on a proposition concerning UK copyright and its exceptions and whether it might be preferable to have a committee with powers of continuous review to decide examples of where fair use was permissible.
(Article by Arthur Artinian and Ashley Roughton, Freshfields Bruckhaus Deringer LLP and Hogarth Chambers, London, United Kingdom )

WHAT´S ALL THE NOISE ABOUT? Sounds Marks in Canada
The Canadian Trade-marks Office now allows for filing of sound marks. The change in practice comes after a 20 year refusal to register MGM LION´S ROAR Sound Mark. However, certain requirements will still need to be met and these types of marks may remain difficult to register and protect.
(Article by Tracy Corneau, Borden Ladner Gervais LLP, Ottawa, Canada)

US Supreme Court Decision on Patentable Subject Matter: Mayo Collaborative Services v. Prometheus Labs., Inc.

Report on Supreme Court Judgement
In order for a process employing a law of nature to be patentable, the process steps must transform the law of nature into an inventive application. If the steps themselves are nothing more than routine, conventional steps readily known by those in the field, then the process itself is not inventive and therefore not patentable.
(Article by Anne L. St. Martin, Oblon, Spivak, McClelland, Maier & Neustadt, LLP, Alexandria, United States)
US Supreme Court Cites AIPPI Brief in Medical Patent Case
Recently, the U.S. Supreme Court noted AIPPI as an authority on international IP law, citing the Summary Report of Question Q202 while addressing policy considerations concerning patent eligibility of methods of medical treatment. In September 2011, the U.S. National Group filed an AIPPI amicus curiae brief in Mayo v. Prometheus (following precedent set in the famous Bilski case, in which an AIPPI amicus brief also was filed). AIPPI provided the Court with a global perspective on the issue of patent eligibility for methods of medical treatment of patients, and a commentary on the effectiveness and impact of the current U.S. statutory scheme affecting this issue. The Court held that Prometheus´ patent relating to a medical assay/treatment method claimed a “law of nature” and was thus ineligible for patenting under U.S. Patent Law.
(Article by Peter C. Schechter, Edwards Wildman Palmer LLP, New York, United States)

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本网发布时间：2012-5-15 6:41:20

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