2007. November. Vol.10
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| AIPPI(Association Internationale pour la Protection de la Propriete Intellectuelle) November, 2007, http://www.aippikorea.org Vol.10 | ||||||||||||||||||||||||||||||||||
I. AIPPI Bureau Activities The AIPPI Executive Committee (ExCo) Meeting and 4th AIPPI Forum took place at the Raffles City Convention Centre in Singapore from October 5 to 10, 2007. 1) Executive Committee Meeting Many ExCo Sessions were devoted to the Executives’ discussion on this year’s Resolutions: “Divisional, Continuation and Continuation in Part Patent Applications”, “The Impact of Co-Ownership of Intellectual Property Rights on their Exploitation” and “Limitations of the Trademark Protection.” | ||||||||||||||||||||||||||||||||||
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The AIPPI Bureau decides on ExCo Meeting’s Agendas, in general, one year before the Meeting takes place and notifies the same to each National Group. Each Group then forms a Working Committee to discuss the selected Agendas and draws up a representing view thereon. AIPPI Executive Members discuss these different interpretations of the Agendas presented by the National Groups at the ExCo Meeting so as to reach Final Resolutions, which, in many times, the WIPO or Intellectual Property Offices around the world take into consideration when making policies or drafting legislation. Please refer to page 4-9 regarding the detailed contents of this year’s Final Resolutions. Aside from AIPPI Executive Members, from many countries around the world, a number of representatives of Intellectual Property Offices and International Organizations such as WIPO and WTO and those from Non-Governmental Organizations(NGO) including LES, APAA, AIPLA, and FICPI took part as observers in the Meeting, exchanged opinions on the Resolutions and discussed current issues of Intellectual Properties. During the Session for administrative matters and Special Committees; there was a discussion as to the Amendments of Statutes/Regulations; India (Hidrabad) was elected for the 2011 ExCo/Forum Meeting as a result of two rounds of voting; the budget plan of the fiscal year 2008 was announced; the four Working Questions for the 2008 Boston Congress were agreed upon by the National Groups; and 11 Special Committees reported their status as well as any further developments that have occurred in their activities. * Working Questions for the 2008 Boston Congress: Q202 The Impact of public health issues on exclusive patent rights Q203 Damages for trademark infringement through counterfeiting and piracy Q204 Liability for contributory infringement of IPRs Q205 Exhaustion of IPRs in cases of recycling or repair of goods If any of members would like to join the Working Committee of AIPPI-KOREA, please contact the AIPPI-KOREA Secretariat. * List of Special Committees that delivered the presentations: Patents Q114 Biotechnology (including plant varieties) Q132 Computer Software, Information Networks, Artificial Intelligence and Integrated Circuits Q162 Community Patent Regulation Q165 Optional Protocol to the EPC with regard to Litigation concerning European and Community Patents Q170 SPLT-Substantive Patent Law Treaty Trademarks Other Matters Q166 Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Q184 Intellectual Property Issues of the Treaty for the Free Trade Area of the Americas (FTAA) Q185 Enforcement of Intellectual Property Rights Other Meetings were held separately from the above Sessions. There were meetings of Council of Presidents’ Committee, Finance Advisory Committee, Nominating Committee, Editorial Advisory Committee, Membership Advisory Committee and Group Secretaries. In the meeting of Group Secretaries, there were discussions and presentations to update on the local activities of National & Regional Groups), including activity reports, and designation of delegates.Representatives of AIPPI-KOREA actively participated in the Discussion Sessions on the Resolutions and also in the activities of other Committees. Especially, the Korean delegates had a joint meeting with members of the Bureau about preparation for the 43rd World Intellectual Property Congress in Seoul, Korea in 2012, and they agree to establish the Seoul Organizing Committee in the upcoming year. 2) Forum The Forum met immediately preceding the ExCo Meeting and was open to all Members but also to Non- Members providing educational programmes of current interest as well as an opportunity for networking among participants. Around 600 people participated in the Conference and 12 topics were presented as follows: ‘Recent developments in IP enforcement in Asia’;‘Traditional knowledge, genetic resources and cultural expressions (folklore): communal or property rights?’; ‘Copyright and digital rights management: moving beyond protection?’; ‘Do patent prosecution rules and practices lead to legal and commercial uncertainty?’; ‘The interface between IP regulations and pharmaceutical regulations’; ‘Requirements for granting preliminary injunctions in IPR infringement actions’; ‘Infringement of IPR, including copyright, over the Internet: issues of jurisdiction and applicable law’; ‘The legal treatment of IPR originating from publicly funded institutions’; ‘Legal problems arising from auctioning of IPR’; ‘Enforcement strategies and co-operation’; ‘The role of IPR in national development’; ‘Alternative dispute resolution for IPR infringement: a case study’. 2. Contents of Resolutions Question Q193 Resolves that: 1) The filing of divisional applications, on the applicant's own volition or in response to unity, objections, should be possible. 2) It should be possible to file a divisional of a divisional application. 3) The filing of divisional applications should be permitted at any time during the pendency of a parent application. 4) In a divisional application, it should be possible to claim subject matter that was unclaimed, but was disclosed in the parent application. 5) If matter not disclosed in the parent application as filed is included in a divisional application, the divisional application should not be invalid provided that the added matter is deleted prior to grant. 6) The patent term of a divisional application should not exceed the patent term of the parent application. 7) The filing of continuation applications also should be allowed under the conditions as defined in paragraphs 2) ? 6). 8) In order to reduce the delaying effects of cascading divisional and continuation applications resulting in legal uncertainty, patent granting authorities should expedite the publication of, examination of and decision on divisional and continuation applications. 9) In relation to continuation applications, conditions, such as restrictions on the timing of the filing, may be appropriate in order to prevent abuse. 10) In view of the additional legal uncertainty for third parties and patent granting authorities created by continuation-in-part applications, such applications are not considered desirable. 11) In the interest of legal certainty for third parties, it is essential to ensure that the publicly accessible databases of patent granting authorities as soon as possible indicate clear links between an original patent application and all divisional, continuation or continuation-inpart applications derived therefrom.Question Q194 Resolves that: 1) It is recommended that all countries adopt rules in their IP laws concerning the co-ownership of IP rights and that those rules be harmonized. 2) Co-owners should be free to organize their co-ownership arrangements. In the absence of such arrangements national law regulating co-ownership of IP rights should apply. 3) Legal rules applicable to co-ownership of material goods should only be regarded as a secondary legal authority when applicable to the co-ownership of IP rights. 4) Recognizing the differences among IP rights, and subject to subsequent paragraphs, it is recommended that IP laws provide: a) in the case of a patent, that in the absence of agreement to the contrary, each coowner is entitled to exploit individually the patented invention without the need to obtain consent from other co-owners in respect of that patent. Each co-owner having a right to exploit the patented invention individually should not be obliged to compensate other co-owners unless agreed otherwise or under exceptional circumstances, in particular if one of the co-owners is prevented from exploiting the same patent; b) in the case of trademarks, that each co-owner is not entitled to use individually the mark unless agreed otherwise; c) in the case of copyrights, that each co-owner is not entitled to exploit individually a copyrighted work, unless agreed otherwise. As an exception, co-owners of rights should be allowed to exploit individually their contribution to a composite work, if it can be separated from the overall work. 5) Recognizing the differences among IP rights, it is recommended that: a) No co-owner should be entitled to license patent rights to third parties without the consent of the other co-owners, such consent not to be unreasonably refused. In case of unreasonable refusal, the national law should provide means for the resolution; b) Co-owners wishing to license individually rights on a registered or protected trademark, or a copyrighted work to third parties should require consent from the other co-owners. 6) Each of the co-owners of IP rights should be free to enforce individually the IP right, without the need of consent from the fellow co-owners. However, national legislations should provide for an obligation by the enforcing co-owner to inform the other co-owners. 7) Each co-owner should have the right to renew or otherwise maintain the co-owned IP right, without the need of consent from the other co-owners. National law should provide rules on the allocation of costs of renewal and/or maintenance advanced by one or more of the coowners. 8) Co-owners of an IP right should be allowed to decide on the choice of law and jurisdiction in connection with resolution of disputes among co-owners. 9) It is recommended that AIPPI continue the study of the impact of the co-ownership of IP rights on their exploitation and on the criterion for determining the applicable law and jurisdiction in the absence of an agreement between the co-owners.Question Q195 Resolves that: 1) Limitation of the exclusive rights of the trademark owner should be allowed, under the specific conditions indicated hereinafter, for the use of a sign corresponding totally or partially to another's trademark in the course of trade in order to indicate kind, quality, intended purpose, value, geographical origin, time of production/rendering or other characteristics of the goods or the services of a third party, as well as to indicate compatibility of the third party's goods or services with those of the trademark owner. 2) Limitation of the exclusive rights of the trademark owner should be allowed, under the same conditions, to allow the use of an individual's genuine name in the course of trade. General principles governing settlement of conflicts between trademarks should be applied to disputes arising from the use of a company or business name where it consists totally or partially of another's trademark. 3) The above limitations of the exclusive rights of the trademark owner should only be allowed to the extent that use of another's trademark by a third party: a) does not cause confusion, b) does not unfairly capitalise on, or take undue advantage of, the reputation of the trademark, c) is not detrimental to the trademark, d) does not cause dilution of the trademark, e) does not unfairly disparage the goods or services of the trademark owner, f) does not misrepresent the goods or services of the third party as originating from, endorsed by or being associated with the trademark owner, and g) in the case where the third party use indicates compatibility of the third party’ goods or services with those of the trademark owner, cannot reasonably be replaced by other means of indicating compatibility. 4) Limitations of the exclusive rights of the trademark owner should be allowed for the bona fide prior use of the sign, either in the form of a prior use defence or as a prior user right3. The Bureau and the 2012 Preparation Committee met in Singapore During the 2007 Singapore ExCo Meeting, some of the Preparation Committee members had a joint meeting with the Bureau on October 8, 2007 to discuss about issues regarding preparation for the Seoul Congress. Attendees from AIPPI-KOREA were Mr. Yoon Bae Kim, Mr. Kwan Ho Shinn, Mr. Man Ki Baek, Mr. Seong Ki Km, Mr. Kook Chan An and Ms. Sun Ryung Kim; and those from the Bureau were the Vice President, Thierry MOLLET-VIEVILLE, the Secretary General, Michael Brunner, the Deputy Secretary General, Stephen FREISCHEM, and the Assistant to Secretary General, Robert Miller. | ||||||||||||||||||||||||||||||||||
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1) Preparation Committee launched As announced at the 6th AIPPI-China, Japan, Korea Trilateral Meeting last June, AIPPI-Korea Board of Directors established a Preparation Committee for the 2012 Seoul World Congress. The AIPPI-KOREA Board of Directors has designated 13 members to be part of the AIPPI 2012 Seoul World Congress Preparation Committee at the Board of Directors Meeting held at Chosun Hotel, in Seoul, Korea on September 21, 2007. The 13 committee members will be announced officially at the Annual Meeting of AIPPI-KOREA in 2008. List of the Preparation Committee Members is as follows: Yoon Bae Kim ? Chair, Kyung-Jae PARK, Jang-Won, PARK, Man-Ho SONG, Kwan-Ho SHINN, Young-Pil LEE, Ea-Roo KANG, Man-Gi PAIK, Patrick Yangoh KIM, Seong-Ki KIM, Won SON, Sun Ryung KIM, Kook-Chan AN. The Preparation Committee is designed to function in two aspects; dealing with administrative matters until the Organizing Committee is established, and coordinating with the Bureau in any of the matters related to the preparation of the 2012 Congress. 2) Tightening Networks within Southeast Asia As part of continuous efforts to encourage participation by non-member countries especially in Southeast Asia, AIPPI-Korea, jointly with AIPPI-Indonesia, held the 6th North & Southeast Asia I.P. Networking Meeting in Jakarta, Indonesia from August 30 to September 1. With around 80 participants from eight Asian countries, the meeting focused on introducing Legal Aspects including Foreign Investment Law & Practice in conducting business and Current IP Issues. AIPPI-Korea will continue to enhance Networks with Southeast Asian countries by hosting the IP Networking Meetings in this region on a regular basis so as to increase I.P. awareness in the region and to promote more participation by those countries in the AIPPI activities including the 2012 Seoul World Congress. 3) How to prepare for the 2012 Seoul Congress under consideration ① Increasing AIPPI-Korea membership from the present 250 members to 500 members by the year 2012 ② Securing adequate financial support for the Congress by creating an atmosphere of fundraising through exhibitions and a sponsor program, and by promoting domestic and international financial aid provided by Industry and the government③ Enhancing the association ’ s abilities to organize and operate an international conference by encouraging the voluntary participation of members at events such as the 2008 Seoul International I.P. Conference ④ Encouraging the participation of industrial heavyweights by permitting the participation of industry insiders as Observers (optional) ⑤ Holding specialized meetings for a particular Industry, Technical Field and/or Region , in addition to a variety of conferences, forums, IP-related exhibitions and Networking Meeting ⑥ Developing programs to obtain active cooperation from APAA KOREA, LES KOREA, FICPI KOREA and other related I.P. international associations of Korea and neighboring countries | ||||||||||||||||||||||||||||||||||
5. The 6th North & Southeast Asia I.P. Networking Meeting in Jakarta, Indonesia, with emphasis on Legal Aspects in conducting business and IP Issues in Southeast Asia region
AIPPI-Korea, AIPPI-Indonesia and LES-Korea jointly held the 6th North & Southeast Asia I.P. Networking Meeting from August 30 to September 1, 2007 at the Le Meridien Jakarta, Indonesia. This meeting followed a series of Networking Meetings from the 2002 and the 2004 I.P. Networking Meeting in Hanoi, Vietnam, the 2005 Southeast Asia I.P. Networking Meeting in Hochimin City, Vietnam and Bangkok, Thailand,the 2006 Southeast Asia I.P. Networking Meeting in Singapore and Kuala Lumpur, Malaysia, and the 2007 North and Southeast Asia I.P. Networking Meeting in Hanoi, Vietnam. This three-day conference was composed of three parts: the Main Seminar, a Joint Meeting with AIPPI-Indonesia and an Excursion. The Meeting brought 80 participants in total from eight (8) Asian Countries (Indonesia, Korea, Laos, Malaysia, Philippines, Singapore, Sri Lanka and Thailand); including 16 speakers from the region. The all of the sessions and Excursion progressed smoothly as planned. During the Seminar, 16 speakers delivered presentations on seven (7) different topics as follows:
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III. Other Issues 6. News from National Groups Sweden The Swedish Association for Industrial Property (SFIR: Svenska Foreningen for Industriellt Rattsskydd) marks the 100th anniversary. Mexico AIPPI-ASIPI-IPO Seminar will be held on April 6th to 8th, 2008 in Mexico City, Mexico. The focus of the seminar is on intellectual property in the Americas, especially Free Trade Agreements, including current issues and the futures of IP. Finland Helsinki Symposium is on April 20th to 22nd in 2008. The main theme of the AIPPI Helsinki Symposium is the life cycle of an invention. | ||||||||||||||||||||||||||||||||||
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8. New Members during the second quarter of this year
If you are interested in becoming a member, please contact the AIPPI-KOREA Secretariat. | ||||||||||||||||||||||||||||||||||
9. Officers and Board of Directors Honorary President: Suk-jae YIM President: Yoon-bae KIM Vice President: Jang-won PARK, Kyung-jae PARK, Man-ho SONG, Kwan-ho SHINN, Young-pil LEE, Ea-Roo KANG , Man-gi PAIK Auditor: Seong-taik KIM, Jae-ryun SONG Secretary: Seong-ki KIM Treasurer: Yang-oh KIM Board of Directors: Kook-chan AHN, Sang-bae AN, Yoon CHAE, Sun-ryung KIM, Young-chol KIM, Young-mo KWON, Won-hee LEE, Young-hwan PARK, Won SON. | ||||||||||||||||||||||||||||||||||
Co -Editors: Seong-ki KIM (seongkik@leeinternational.com) Sun-ryung KIM (sunkim@kimsandlees.com) Published by AIPPI-KOREA Date: November, 2007 | AIPPI Korea Secretariat 8th Fl., Dongduk Bldg. 151-8, Kwanhoon-dong, Jongro-gu Seoul 110-300, Korea Tel: 82-2-733-9991 Fax: 733-6351 AIPPI-Korea url: http://www.aippikorea.org AIPPI-Bureau url: http://www.aippiorg | |||||||||||||||||||||||||||||||||
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