Report by the Secretary General Team 15/02/2019 2018 AIPPI World Congress – Cancún September 23 - 26, 2018 Report by the Reporter General Team www.aippi.orgg AIPPI Executive Committee (Session II), Cancun

Overview Harmonisation - Resolutions Professional Development Programme AIPPI’s Standing Committees AIPPI Law Series (with Kluwer) Looking ahead…

Harmonisation Programme 3

Cancún Study Questions Conflicting applications Registrability of 3D trademarks Partial designs Joint liability for IP infringement Patents Trademarks Designs General

Other proposed Resolutions Standing Committee on Pharma and Biotechnology Standing Committee on Patents Standing Committee on Patents Standing Committee on Enforcement Inventor remuneration Post filing data HCCH – Judgments Project 5

Professional Development www.aippi.org 6

Professional Development Programme Panel Sessions Pharma Day – 4 Other Panel Sessions – 13 TM C ANTI THEFT HOT TOPICS AI Briefings Lunch Panels – 3 The Slants IP5 Harmonisation Block chain/ cryptocurency 80+ panellists (AIPPI members & guests) In-house counsel Business and industry leaders Judges Academics GOs/ Regulators NGOs

AIPPI’s Standing Committees Role 'Observer' status Work Increasing AIPPI's presence, visibility and influence  600 AIPPI members in Standing Committees ‘2+1’ members/Group Concept Any AIPPI member can opt in/out at any time Any number of Standing Committees Observe/contribute to Standing Committee activities No voting rights No 'appointment' No nomination from Group No Bureau approval No appointment criteria External engagement Representation – WIPO, WTO, EUIPO, EU Observatory, EPO Boards of Appeal, Group B+, TM5, ID5, IPC External Consultations Publications Position Papers Law Reviews/Reports Cancún Resolutions Cancún Panel Sessions

Standing Committees – external engagement Activity ADR Study – ADR in FRAND disputes (in preparation with Standards & Patents SC) Global guide on ADR in IP disputes (in preparation) Client Attorney Privilege Representation – Group B+ meetings Representation – WIPO SCP meetings Contribution to drafting of multilateral treaty Commercialisation of IP Study – commercialisation of trade secrets (in preparation) Copyright Representation – WIPO SCCR meetings / side event Representation – EUIPO Observatory EC Consultation – illegal online content (with Enforcement, Piracy & Counterfeiting and Trademarks SCs) EC Consultation – Evaluation of the Observatory (with Designs, Enforcement , IP Office Practice & Procedures, Piracy & Counterfeiting and Trademarks SCs)

Standing Committees – external engagement Activity Designs Representation – WIPO SCT meetings Representation – EUIPO User Group meetings Representation – ID5 AIPPI / EUIPO Seminar in Alicante (with Trademarks SC) Representation – EUIPO Annual Bilateral meeting (with Bureau) Consultation – Supreme People’s Court of China patent case guidelines (with Patents and Pharma SCs) EC Consultation – Evaluation of the Observatory (with Copyright, Enforcement & IP Office Practice & Procedures, Piracy & Counterfeiting and Trademarks SCs) Presentations at NRG AIPPI meetings Development & IP

Standing Committees – external engagement Activity Enforcement EC Consultation – illegal online content (with Copyright, Piracy & Counterfeiting and Trademarks SCs) EC Consultation – Evaluation of the Observatory (with Copyright, Designs, IP Office Practice & Procedures, Piracy & Counterfeiting and Trademarks SCs) Proposal for Resolution – HCCH – Judgments Project (Cancún) Free Trade Agreements Study – membership of significant treaties / FTAs (in preparation) IP & GRTK Law Review – Indicating source / country of origin of GRTK in patent applications (with TRIPS SC) Proposal for WTO Public Forum (2018)

Standing Committees – external engagement Activity IP Office Practice & Procedures EUIPO Stakeholders Quality Assurance Panel Representation – EUIPO User Group meetings; consultation event on user driven early certainty Representation – EUIPO anti-scam network Law Review – co-existence agreements (in preparation) Law Review – drawings in utility/design patents (in preparation) EC Consultation – Evaluation of the Observatory (with Copyright, Designs, Enforcement, Piracy & Counterfeiting and Trademarks SCs) IP & Green Technology Study – Fast track examination for “green” applications (in preparation) Representation – COP 23

Standing Committees – external engagement Activity IT & Internet Study – Expediting examination in computer implemented technology (in preparation) Study – slide to unlock (in preparation) Patents Representation – Group B+ meetings Representation – WIPO SCP meetings Representation - EPO Boards of Appeal inaugural Bilateral meeting (with Bureau) Consultation – Supreme People’s Court of China patent case guidelines (with Designs & Pharma SCs) Presentations at China Patent Annual Conference Proposal for a Resolution – Inventor remuneration (Cancún) www.aippi.org

Standing Committees – external engagement Activity PCT Representation – WIPO PCT Working Group meeting Consultation – various Information Circulars (WIPO PCT WG) Pharma & Biotechnology Position Paper – UN High Level Panel Report on Access to Medicine (with TRIPS SC) Consultation – Supreme People’s Court of China patent case guidelines (with Designs and Patents SCs) Position Paper – Pharmaceutical inventions Proposal for Resolution – Post-filing data (Cancún; with Biotechnology sub-committee) Resolution – Gene patenting (2017, Sydney) Position Paper – Microbiological deposits Study – Antibody patenting (in preparation) Volume 4, AIPPI Law Series – ‘Anti-body Patenting’ (volume editor, chapter authors)

Standing Committees – external engagement Activity Piracy & Counterfeiting Representation – EU Observatory Consultation – OECD guidance on countering illicit trade EC Consultation – illegal online content (with Copyright, Enforcement and Trademarks SCs) EC Consultation – Evaluation of the Observatory (with Copyright, Designs, Enforcement, IP Office Practice & Procedures and Trademarks SCs) Standards & Patents Representation – WIPO meetings Study – ADR in FRAND disputes (in preparation with ADR SC) Trade Secrets Consultation – EUIPO report on trade secrets Study – company trade secret policies (in preparation) Study – trade secrets in the EU (in preparation) Study – cross border protection (in preparation)

Standing Committees – external engagement Activity Trademarks EUIPO – CP9 meeting; CP8 & CP9 questionnaires EUIPO Stakeholders Quality Assurance Panel Representation – TM5 meetings Representation – EUIPO User Group meeting Representation – IPC meeting Representation – EUIPO Annual Bilateral meeting (with Bureau) AIPPI / EUIPO Seminar in Alicante (with Designs SC) EC Consultation – illegal online content (with Copyright, Designs, Enforcement and Piracy & Counterfeiting SCs) WIPO – SCT and Working Group meetings; questionnaire www.aippi.org

Standing Committees – external engagement Activity TRIPS Law Review – Indicating source / country of origin of GRTK in patent applications (with IP & GRTK SC) Position Paper - UN High Level Panel report on Access to Medicines (with Pharma SC) WTO Public Forum – working session (2017) Presentation at WTO Symposium for IP Judges Representation – WTO Ministerial conference Proposals for WTO Public Forum/WTO Workshop (2018) Representation – WTO IP Division annual bilateral meeting (with Bureau) www.aippi.org

Standing Committees – external engagement Activity UP/UPC Proposal to file an Amicus Brief – German ratification of the UPCA Position Paper – Relationship between decisions of the EPO / UPC (in preparation) Position Paper – Enforcement of UPC decisions (in preparation) www.aippi.org

AIPPI Law Series Volume 4 - ongoing collaboration with Kluwer Cancún launch – “Genuine Use of Trademarks” Builds on Resolution – “The requirement of genuine use of trademarks for maintaining protection” (2011, Hyderabad) and subsequent Panel Sessions Eléonore Gaspar, Chair of SC on Trademarks – Volume editor Chapters from Europe, the Americas, Asia and ASEAN countries (all AIPPI members) Volume 5 already in preparation! www.aippi.org

Looking ahead… Hague Conference on Private International Law (HCCH) Development of a Convention on the Recognition and Enforcement of Foreign Judgments Diplomatic Conference (anticipated 2019)

Looking ahead… Hague Conference on Private International Law (HCCH) Development of a Convention on the Recognition and Enforcement of Foreign Judgments Diplomatic Conference (anticipated 2019) Collaboration with other NGOs FICPI / AIPLA – Colloquium on AI (Turino, March 2019) INTA – Panel re FTAs (Boston, May 2019)

Looking ahead… Hague Conference on Private International Law (HCCH) Development of a Convention on the Recognition and Enforcement of Foreign Judgments Diplomatic Conference (anticipated 2019) Collaboration with other NGOs FICPI / AIPLA – Colloquium on AI (Turino, March 2019) INTA – Panel re FTAs (Boston, May 2019) And a new team!

Looking ahead…

Programme Committee Report ExCo I Programme Committee Report Larry Welch October 14, 2017 www.aippi.orgg

Composition PC strives diversity in all forms Current representation has broad geographic, legal, and professional representation. It includes 11 members from: UK, Canada, Turkey, China, Italy, Japan, France, United States, Netherlands, Switzerland and Republic of Korea Professional backgrounds include members External Lawyers Law professors In house counsel All IP disciplines (patents, trademarks, designs and copyrights)

Current members Larry Welch (US) John Brunner (UK) Steven B. Garland (CA) Baris Atalay (TR) Qing Ge (CN) Fabrizio Sanna (IT) Eiichiro Kubota (JP) Thomas Bouvet (FR) Remy Chavannes (NL) Andri Hess (CH) Sun R Kim (KR)

Programme Committee Members whose term expires

New members nominated Maria Cecilia Romoleroux (EC) www.aippi.org

Programme Committee Process Proposals for Study Questions and Panels requested in December Average around 100 received per year These are reviewed over two days in January Recommendations made to RGT Study Questions now have two options to be voted on for each of patents, trademarks/designs, copyrights and general PC members monitor sessions during meetings, review what works, what could be improved www.aippi.org

Thanks for your attention!