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March 2023
AIPPI News
“Scan the Globe” webinar series - Overview of intellectual property systems in lesser-known countries and regions
Judith Willert, AIPPI Executive Director
We are excited about the successful webinar series "Scan the Globe" launched in 2022. It aims to provide an overview of underrepresented jurisdictions and regions in terms of intellectual property (IP) systems in a standardised format.
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Highlights
AIPPI is closely involved in the upcoming WIPO Diplomatic Conference on the Design Law Treaty (DLT)
Guillaume Henry, Second Deputy Reporter General
WIPO has been working for many years on the development of a new international treaty on Design, which will complement the existing patent and trademark treaties.
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The 46 Session IGC/WIPO
The Protection of Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions. (TK/GR/TCE) (Draft of an International Instruments)
Martin Michaus, Chair of the AIPPI’s IP and GRTK Standing Committee
AIPPI is actively participating in the upcoming WIPO negotiations on a potential treaty related to Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions.
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General Updates
The venues for the 2023 AIPPI World Congress in Istanbul have been announced, and they're sure to impress
Registration opens on 9 May 2023.
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Sponsorship opportunities for the AIPPI World Congress in Istanbul on 22-25 October 2023
To learn more about our sponsorship opportunities, download our Sponsorship Brochure HERE.
Click here to book a time slot for a call or contact us at events@aippi.org.
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Spotlight on AIPPI France's 2022 Annual Activity Report
We're sharing the best 2022 Activity Reports received from National and Regional Groups. This month, we’re highlighting AIPPI France.
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Law & Case Notes
Ecuador
Protocol for managing cases with an Andean Opposition
Maria Cecilia Romoleroux and Andrea Miño Moncayo, CorralRosales, Ecuador
The Intellectual Property Offices in Ecuador, Colombia and Peru signed the Protocol for Managing Cases with an Andean Opposition proceeding which has been in force as of 1 March 2023. This document seeks to expedite resolutions for trademark applications in which an Andean opposition has been filed in any of these three countries. Bolivia also a member State is not participating.
Read more
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India
Delhi High Court adopts purposive interpretation while allowing amendment of ‘Method’ Claims to ‘Product’ Claims
Ashwani Balayan, ALG India Law Offices LLP, India
On 20 January 2023, in the matter of Allergan Inc. v The Controller of Patents [C.A.(COMM.IPD-PAT) 22/2021], the IP Division of Delhi High Court, while setting aside an Order of the Controller of Patents, adopted a purposive interpretation to expand the scope of claim amendments under the Patents Act and allowed the amendment transforming ‘method’ claims to ‘product’ claims.
Read more
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Italy
NFTs in Court: a closer look to the first Italian case
Leonardo Maria Seri, BMLEX, Italy
The spread of NFTs in the art and music sectors and in the world of collectibles, has paved the way for new questions, such as what the most appropriate strategies for trademark protection in the metaverse or whether the use of third-parties’ trademarks within digital contents associated with NFTs may constitute trademark infringement.
Read more
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Italy
The Italian Supreme Court and the damages’ equitable assessment in a case of inventor’s rights breach
Chiara Gaido, Chiara Gaido IP Lawyer, Italy
In a lengthy patent litigation concerning the inventor’s rights breach, the Italian Supreme Court affirmed that, while making their damages’ assessment on an equitable basis, Courts must indicate the criteria they have followed to determine said damages’ amount.
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Japan
Higher damages are awarded in recent patent infringement lawsuits in Japan
Naho Ebata and Kaoru Kuroda, Abe, Ikubo & Katayama, Japan
Whether it is true or not, there has been a repeated criticizm over Japanese patent infringement litigation system that awarded damages amounts are not high enough to incentivize patent holders to bring infringement lawsuits in Japan.
Read more
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Switzerland
ChatGPT and Swiss copyright law: a brief and selected overview
Thomas Widmer, LALIVE, Switzerland
Recently launched ChatGPT (for “Generative Pre-trained Transformer”) is on everyone’s lips. This chatbot, developed by OpenAI, an American artificial intelligence (AI) research laboratory, seemingly takes AI to another level and produces text that is hardly distinguishable from human-written content.
Read more
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Thailand
Enforcement of the Myanmar Trademark Law 2019
Sher Hann Chua, Tilleke & Gibbins, Thailand
The Republic of the Union of Myanmar State Administration Council issued its Notification No. 82/2023 on 10 March 2023, announcing that the Trademark Law enacted on 20 January 2019 will enter into force on 1 April 2023.
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NRGs News
AIPPI China
2023 AIPPI China Youth IP Seminar
Han Beibei
2023 AIPPI China Youth IP Seminar was held successfully in Chongli of Hebei Province, the venue of skiing events of the 2022 Winter Olympic Games on 17-18 March 2023 with more than 110 attendees.
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AIPPI Japan
The Japanese group's journal "A.I.P.P.I." latest issue (Vol 48, No.1) is now available to all AIPPI members
Masatoshi Abe
The AIPPI Japanese Group is pleased to inform you that the latest issue (Vol 48, No.1) of the Japanese Group's e-Journal "A.I.P.P.I." is now available to all AIPPI members. You can view the contents page for this issue below.
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Upcoming Events
Save the dates for AIPPI-ASIPI webinar series
These webinars will cover a range of topics, including the EU Legal Framework for IP Protection of Genetic Resources and Traditional Cultural Expressions.
Read more
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Scan the Globe Webinar Series – Latin America & the Caribbean
Join IP experts for the third edition of our “Scan the Globe” webinar series on 19 April at 3 pm CEST focusing on Latin America & the Caribbean regions, including the Andean Community, Paraguay, Uruguay, Dominican Republic, and Jamaica.
