Cancun-2018 AIPPI Congress
£By Yingyan Lu, China IP
2018 AIPPI Congress was successfully held during September 22 - 26 in Cancan Mexico. Around 1300 IP professionals from all over the world attended this event. As one of long-term media partners, China IP Magazine participated in it with a stand. Both Chinese and English magazines were very popular and caught a lot of attentions of international and Chinese IP professionals.
Opening Ceremony
The opening ceremony of 2018 AIPPI Congress was featured with Mexican characters. A representative of the Peto community of Yucatan delivered a welcome speech in Maya languages. According to congresswomen of Quintana Roo Leslie Hendriks, Cancun is registered as trademark and thousands of songs from this region have been protected by copyright. IMPI Director Miguel Angel Margain said Mexico’s IP Law has been amended including many changes of new protection for nontraditional trademarks, opposition procedure and amendments to provisions on well-known and famous brands. At the end of the ceremony, the Cancun symphonic orchestra gave their performances combining traditional Mexican dancing with singing.
AIPPI’s president, Mr. Hao Ma of CCPIT Patent and Trademark Law Office delivered a keynote speech. In his tenure, in the year of 2017 and 2018, AIPPI arranged various meetings bringing together members from all over the world for networking opportunities and professional developments. AIPPI contributed to various external consultations including the EUIPO consultation on draft design guidelines, various WIPO consultations on the PCT system, the European Commission consultation on measures to improve the effectiveness of fighting against illegal content online, and the consultation of the Supreme People’s Court of China on its guidelines concerning patent cases. In the project of the Hague Conference on private international law to develop a convention on the recognition and enforcement of foreign judgments, AIPPI has a privilege to be invited as observer at recent meetings.
According to Mr.Ma, AIPPI still needs to remain active and increase its international influence in IP field, improve coordination and supportive works and facilitate communication, ensuring all AIPPI members feel valued and proud to be part of AIPPI family.
Some highlights of 2018 AIPPI Congress
Hot topics in IP
A number of live IP topics have been discussed, covering Brexit and its effects on all types of IP, The Unified Patent Court and the Unitary Patent, particularly the status and timing of relevant ratification in view of German constitutional challenges and Brexit, Global efforts in substantive patent law harmonization, particularly in view of industry trilateral around a package of issues including grace period, publication of applications, conflicting application, prior user rights and prior right, many of which are reflected in recent or current AIPPI studies: development in FRAND determination following TCL v Er icsson. WTO dispute resolution and the plain packaging panel report as well as recent IP developments in Mexico.
2. Linking into the digital era
In recent developments in digital copyright law, specifically in relation to the exclusive right of communication to the public, AIPPI’s Resolution on linking and making available on the internet (Milan, 2016) was passed shortly after the Court of Justice of the European Union delivered its judgment in the controversial case of GS media. The case held that deliberate, unauthorized hyperlinking to freely available online information can constitute a communication to the public. The CJEU has since issued numerous further judgments on the issue of communication to public, including judgments in relation to offering of hardware video players with preinstalled pirate links, torrent indexing websites and online video-recorder services.
3. Biggest challenge in IP world
We are in the era of the Fourth Industrial Revolution and technology breakthroughs are emerging in a number of fields, for instance, robotics, artificial intelligence, block chain, nanotechnology, quantum computing, biotechnology, Internet of things, 3D printing and autonomous vehicles etc. Innovation and new technology has impacted the modern society. IP protection will help these new technologies grow from small start ups to big giants. IP system and its global harmonization fundamentally support and profoundly impact innovation. New technologies also bring new challenges to IP system and practices. The IP law system needs to keep up with the development of technology.
AI – the real IP Issue
AI has gained prominent reputation across many sectors from healthcare to finance, telecommunication to marketing, and transportation to genetics. Its recent development based on more complex implementations have started to impact businesses and everyday life. IP and the implications for IP rights include new challenges possibilities. For example, what are the best practices for protecting AI related inventions? How should IP be handled for works created using AI? What are the issues surrounding ownership of AI-created works? What special issues arise in enforcement of AI-related IP rights? How to protect AI related software technology? When AI creates a design, is it the object of protection under existing copyright law? How is any term of copyright protection measured if the author is a machine? Etc. We are still in the early age of the revolution of AI.
5. Big Data and Big Pharma
As the healthcare industry strives to provide more efficient and effective services and products, there are strong commercial and patientsdriven incentives to create and share large medical date sets, and to use big data analytics, which require new and innovative processing to reveal insights. Specific benefits include the use of aggregated data from multiple clinical studies to identify new treatment and new medical uses for existing therapies, data-matching, to create tailored treatment, and analysis of real time patient data to monitor the safety and efficacy of treatments. Another aspect is the impact of big data on, and its intersection with, global public health (e.g. Treatment of pandemics) the big date uses and implications in healthcare and pharmaceutical sectors. With big data come big challenges. What IP protection should be available? Does improved patient care and access to effective treatments come at the cost of privacy?
6. Free Trade Agreements – drivers of IP policy?
The IP landscape is being changed by FTAs. The main objective of FTAs is tariff disarmament. The advantages are strengthening of macroeconomic stability, increase of exports and imports and diversification of markers, strengthening legal security and facilitation of the rules of game in intentional trade. IP plays a key role in development and trade. FTAs also have a significant effect in increasing the scope and enforcement of IP rights. Some commentators criticize clauses that expand the scope of protection or enforcement beyond the requirement of TRIPS.
FTA development worldwide include the TPP coming into effect in March 2018 despite the controversial US withdrawal, The FTA Mexico is negotiating with Canada and the US, what will happen if the US also withdraws from those negotiations. What will the impact of Brexitbe on the proliferation of FTAs?
Woman AIPPI
The women in AIPPI event celebrate the incredible women who are an important part of AIPPI’s membership. This year’s Woman in AIPPI was perhaps the most relaxing event of this year’s congress. It was held in a spa with free massages on head, back and feet with delicious snack and drinks. A lot of IP women were so happy to be pampered!
AIPPI New Executive Director and New President
Dr. Arno Hold was appointed as New Executive Director this August. One of his major tasks will be the implementation of the strategic plan for 2017-2020, which includes, continuous improvement of the quality and impact of AIPPI’s Annual Work Programme as well as an increase of the level and quality of member services. His responsibilities of the Executive Director will be as follows: firstly, closely coordinate with various AIPPI bodies to implement AIPPI’s strategy a policy decisions. Secondly, further develop AIPPI’s relations with external partners in IP world. Such as WIPO, WTO, EPOs, IPOs, trade and business organizations as well as NGOs dedicated to IP protection. Thirdly, play an integral part in supporting AIPPI’s National and Regional Groups.
Ms. Renata Righetti has been nominated to become the AIPPI president at Exco meeting. She said, “AIPPI is really different from all other associations. I am very proud of it and I would like to see improvement in communication among different AIPPI groups. So my position in the Bureau and probably as the New President at the end of the Congress. I would like to have a better understanding among different groups, among the Bureau and among members at large in order to be able to achieve goals of the Association over the next years.”
The Closing Dinner
The dress code of Closing Dinner this year is white as the dinner took place poolside. Every participant received a traditional white Guayabera for the closing dinner. It was held at the hotel Grand Fiesta Americana Coral Brach Cancun, a fantastic venue with incredible ocean views in every direction. After 5 days’ hard work, participants can join in the final relaxing networking event.
London Calling in 2019
The 2019 Congress will take place in London from September 15 to 18. London is a major business centre and home to many global law firms. So delegates can usefully combine AIPPI activity with business meetings before and after the conference. The host group is already busy working on putting together a great event. The timing of the London Congress is interesting with Brexit occurring in March next year and potentially progress on the Unified Patent Court. The timing of the Congress provides a good opportunity for the UK IP community to underline its relationship with AIPPI members around the world. The study questions for London 2019 are as follows: 1) patents: plausibility; 2) Trademark: consumer survey evidence; (3)Copyright: copyright in artificially generated works; (4) General: IP damages for acts other than sales.
Hangzhou Waiting in 2020
The 2020 Congress will take place in Hangzhou from September 26 to 29. Hangzhou is China’s G20 Summit host city. It is home to Alibaba and capital of several ancient Chinese dynasties, Hangzhou is now shaping up to be a technology hub – a symbol of China’s transition from a low-cost manufacturer to a more technology powered growth. With rapid IP development in China, many AIPPI members are looking forward to this Congress in China. The host group attended this year’s congress with a stand in order to better promote this congress in 2020.
