AIPPI: Simplifying a complex journey

The International Association for the Protection of Intellectual Property, generally known under its French abbreviation of AIPPI, has been shaping IP for more than 120 years.

It is politically neutral and open to all individuals interested in IP protection on a national and/or international level. AIPPI’s membership includes IP lawyers, patent attorneys, patent agents and trademark agents, and in-house counsels, as well as judges, civil servants, academics and engineers.

With around 9,000 members from more than 125 countries, AIPPI strives to harmonise, improve and promote the protection of IP both internationally and nationally.

The association achieves this by conducting studies of new and existing laws or regulations
(study questions) and by proposing measures (resolutions), for example, to achieve harmonisation of these laws on an international basis. Where appropriate, AIPPI intervenes with submissions before major courts and legislative bodies to advocate for improved IP protection.

AIPPI is organised as an international federation with its general secretariat based in Zurich, Switzerland. Membership is obtained by joining one of about 70 national and regional groups (NRGs). In countries where no NRG exists, individuals can join as “independent members”.

Founded in 1897, AIPPI has adopted more than 700 resolutions and reports.

Its annual commitment to a scientifically strict resolution process—using the expertise of about 9,000 IP professionals from very diverse geographical and cultural backgrounds as well as different legal traditions to advance the cause of IP rights for everyone—makes the association unique.

Behind every adopted resolution is a complex process and a lot of work.

This article will outline the journey that each resolution takes: from the identification and formulation of study questions to the debates and adoption of resolutions at the AIPPI World Congresses. It also describes how resolutions passed by AIPPI have influenced the development of national and international IP law.

Turning burning IP issues into study questions

Selected study questions lead to the formulation of a position by AIPPI in the form of a resolution.

The NRGs, independent members and the standing committees of AIPPI are invited to submit proposals for possible study questions. The programme committee, working with other bodies in the association, pre-selects a range of potential study questions at the start of the year.

In order to ensure topicality, the committee members keep themselves informed about current and likely future matters of importance relating to IP. In this way, the programme committee guides the direction of AIPPI’s work on potential IP harmonisation topics.

The reporter general team (RGT) is responsible for handling the complex study question process. The RGT further discusses all submitted proposals and eight of the proposals are then finally approved by the members of the AIPPI bureau.

These eight study questions are prepared annually for the AIPPI membership to vote on. Voting reduces the number of study questions from eight to four and ensures that the association focuses on the most pressing contemporary issues.

Traditionally, one study question is selected to cover each main area of IP: patents, trademarks, copyrights, and a general question relating for example to industrial designs, geographical indications or procedural law. Once the selection has been made, the RGT drafts guidelines for each of the four study questions which are sent to all NRGs and independent members.

The NRGs and independent members prepare group reports for each of the four study questions that are then collated by the AIPPI general secretariat in Zurich. For each study question, a dedicated and time-limited study committee, drawn from the group report submitters and nominated by the NRGs and the chair of the independent members, is established.

The reports by NRGs and independent members provide a rich collection of views based on geographic, socioeconomic and cultural differences. Based on these extensive group reports, the RGT prepares summary reports for each study question that provides the basis for the resolutions.

Building on these summary reports, the study committees start work on first draft resolutions, which are sent to the RGT for review. The reviewed versions are then circulated by the study question leadership for a first round of discussion to responsible reporters who have been selected by NRGs/independent members.

A debate platform

The draft resolutions find a platform for further debate at the annual AIPPI World Congress.
The proposals are first discussed and refined in a working session, before becoming the focus of a plenary session.

"Such longevity and influential work is possible only through an engaged and continually rejuvenated membership who freely share their professional knowledge and experience."

The work done at the AIPPI World Congress relies on the considerable effort put in by dedicated members in each of the national groups to describe their country’s position on the topic under review and propose harmonisation avenues. The draft resolutions are analysed, discussed and formulated live by the representatives who vote on their final form.

Finally, the resolutions are voted upon by the executive committee at the conclusion of the AIPPI World Congress. The executive committee, made up of approximately 300 group delegates, is the AIPPI’s principal decision-making body.

What is the end result? After more than 12 months of hard work by a variety of NRGs as well as standing and ad hoc study committees guided by the RGT, a resolution has been achieved which encompasses the expert views of approximately 9,000 IP experts from around the world.

While these resolutions are a consensus view, they represent a balanced view of diverse jurisdictions and legal traditions as well as different socioeconomic and cultural backgrounds.

Once adopted, the resolutions are made available in English, French, German and Spanish. They are also published as open access documents on the association’s website.

IP-related international bodies, including the World Intellectual Property Organization and the World Trade Organization (WTO), are supplied with a copy, alongside regional organisations such as the European Patent Office, national IP offices around the world and non-governmental organisations. All these bodies and institutions receive the resolutions for their consideration and potential adoption, in full or in part.

Paving the way

Five resolutions were adopted by the AIPPI executive committee at the 2019 AIPPI World Congress
in London: