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11 October 2015Copyright

AIPPI 2015: Five sessions to watch out for

Ahead of the AIPPI world congress in Rio de Janeiro, WIPR brings you a rundown of some of the most interesting panel discussions taking place over the four days of the meeting.

What: Latest on the unitary patent and UPC

When: Sunday, October 11—17.30 to 19.00

The standing committee on the unitary patent and Unified Patent Court (UPC), which has been tasked with formulating recommendations related to the UPC agreement, will hold a special meeting to discuss the latest developments.

Hot topics are likely to include the renewal fees,  agreed in June this year, and the rules of procedure.

This meeting, which will take place immediately before the conference’s opening ceremony and welcome reception, will be open to all interested guests.

The committee welcomes input to help it refine recommendations and shape its future focus areas.

What: Focus on FRAND

When: Monday, October 12—14.00 to 17.30

In recent years disputes surrounding standard-essential patents (SEPs) and the fair, reasonable and non-discriminatory (FRAND) rates at which they must be licensed, have received much attention.

The  decision by the Court of Justice of the European Union (CJEU) in Huawei v ZTE, handed down in July this year, was one of the most high-profile rulings on the issue. But despite the decision there are still questions being asked surrounding FRAND rules.

During this discussion, a panel will discuss the availability of injunctions for SEP owners, the differences in FRAND determination in various jurisdictions, and the use of alternative dispute resolution for resolving FRAND-related cases.

What: Green technology

When: Monday, October 12—16.00 to 17.30

As ever, the issue of global warming is simmering among global law makers.

Less talked about, however, is the role of IP (especially patents) in improving attitudes towards climate change.

This debate will consider whether the patent system provides sufficient incentives to stimulate innovation in the green technology sector, and whether any changes may provide more incentives.

What: Patent delays in the pharma sector

When: Tuesday, October 13—16.00 to 17.30

In an interview with Sheila Alves, the UK’s intellectual property liaison officer for Brazil, which can be found in the September/October edition of WIPR, she described a quirk in the country’s pharmaceutical sector that can contribute to delays in obtaining patent protection.

As Alves explained, the country’s National Health Surveillance Agency (ANVISA) has a key role in assessing the patentability of pharma-related inventions. Pharma patents, instead of being assessed by Brazil’s IP office (INPI), are first sent to ANVISA, which must determine whether the invention is safe for the Brazilian market.

It seems as though AIPPI organisers have agreed that the agency has a controversial position in Brazilian IP law.

A dedicated panel will examine the ANVISA process and look at similar procedures and proposals in other countries.

“This system has gone through many iterations, and has been criticised by many stakeholders,” AIPPI said ahead of the session.

Turn up and find out why!

What: ISP liability: a rundown on take-downs

When: Wednesday, October 14—08.30 to 10.00

How responsible should internet service providers (IPS) be when targeting IP infringement online? The question has been the subject of much debate among IP owners and practitioners.

While most ISPs appear to comply with court orders, keeping a lid on the ever-increasing number of infringing websites is only getting harder and, in some cases, successfully pursuing an ISP may be more effective than attempting to pursue multiple infringers.

This session will look at the responsibilities of ISPs, the liabilities they may incur and possible remedies against them. There will also be an outline of the various international laws governing ISPs and practical guidance on strategy for different jurisdictions.

The AIPPI world congress runs from October 10 to 14.

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