TH Record-breaking Congress kicks off amid turbulent times...amid turbulent times Continued on page 4. A t last year’s AIPPI Congress in Cancun, Mexico – and just hours before

After several hours of debate yester-day, the Study Committee Meetingsreached initial resolutions on four

pressing IP topics: 1) plausibility, 2) artifi-cial intelligence (AI) and copyrights, 3) con-sumer surveys, and 4) damages. Questions asked during the sessions pro-

vided ample room for discussion and led tosome surprising, and expected, resolutionsfrom the international teams.By deciding that a machine is no substi-

tute for Mozart, for example, the sessionmembers on AI and copyrights concluded

that human beings must be involved in thecreation of copyrighted works. Any art cre-ated purely by AI without any humanintervention should not be awarded protection.Importantly the session used a multi-

step hypothetical working example to illus-trate what should be eligible for copyrightprotection. In this scenario, AI is pro-grammed by its human inventor to achievea specified artistic goal. The human inven-tor then feeds data of prior artistic workinto the AI, which subsequently produces

original art that would otherwise be copy-righted. At this stage a human being canselect the best ‘art’ from the AI for copy-right protection, or allow the machine toassume responsibility for artistic taste byselecting the best works itself. After much exchange the study group

concluded that art created by AI using non-human data should not be eligible for copy-right protection. They likewise decided that,regardless of whether a human being selectsthe final product, any works created purelyby AI cannot be copyrighted.

The study session on IP damages for non-sale acts addressed the issue of ‘franking’. AnIP version of double jeopardy, frankingmeans there should be no further liability forinfringement once damages have beenawarded for a product. The study committeedecided no policy on franking should bemade in order to allow products already sub-ject to damages to circulate freely withoutfurther liability for infringement.A resolution from the study session on plau-

sibility reached agreement that already-existing

AIPPI president Renata Righettiofficially opened the 2019 AIPPIWorld Congress with an address

on the values of diversity, democracy andinclusion.This year’s Congress welcomes 2,400

attendees to London from all over the worldand boasts the highest number of young IPlawyers in AIPPI’s history. Ms. Righettiencouraged attendees to take the opportu-nity to network with members from othercountries to help exchange ideas on some ofthe biggest IP challenges today.“We know the world is changing very

much,” she said. “We are discussing AI,stem cells, and many unthinkable things[that] the fathers of AIPPI never couldhave dreamed of.”She explained how resolutions from

study questions will be given to lawmakersand authorities around the world to betterinform them about IP rights.“IP rights are essential for the develop-

ment of the economy. IP rights are notonly a tool for IP owners, but also for smalland medium-sized companies.”The other keynote speaker was former

UK IP minister Jo Johnson, who has heldthe position not once, but twice.“Given the considerable turbulence in

politics and the challenging times the UKis facing, I’m confident that the UK willremain one of the best places for IP,” saidMr. Johnson, the brother of UK primeminister Boris Johnson.

He went on to say that for the UK’spharma, technology, creative and financialsectors in particular, IP is pivotal.Mr. Johnson made reference to

Abraham Lincoln, who praised the UK as a

pioneering country for IP. In Lincoln’swords, the patent system “added the fuelof interest to the fire of genius”.Mr. Johnson added that the UK market

maintains a high respect for IP without

allowing IP to stifle enterprise. He praisedthe highly respected courts and profes-sionals that contribute to the predictabili-ty and credibility that make the UK a placefor innovation.

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AIPPI CONGRESSNEWS

50TH WORLD IP CONGRESS, LONDON, MONDAY 16 SEPTEMBER 2019

NEWSYOUNG AIPPI FORUMBUILDING A PERSONALBRANDPAGE 3

INTERVIEWCALUM SMYTHDIFFERENT FACES OFTHE CONGRESSPAGE 6

Study groups suggest answers to AIPPI’s biggest questions

Record-breaking Congress kicks offamid turbulent times

Continued on page 4

At last year’s AIPPI Congress inCancun, Mexico – and just hoursbefore she became president of the

association – Renata Righetti made it hermission to improve communication amongthe many national AIPPI groups.She told Congress News that there had

been a perception of a lack of communicationand that she was keen to implement a betterunderstanding among the different groups,the Bureau and the members at large, in orderto be able to achieve AIPPI’s goals.Does Ms. Righetti feel AIPPI is progress-

ing one year on? “We are working on it,” she says. “Our

work is not completed yet as there are a lot ofthings still to finish and develop but everysmall step helps.” She notes that some groups have been

able to move forward with better activitiesand communication.

Jurisdictional inconsistencies With around 70 national groups – varying insize from three to more than 700 members –keeping everyone in contact with each otheris always going to be a tricky task. Ms. Righetti says there are “huge differ-

ences” among the various groups’ activities.Some groups, for example Japan, she notes,arrange monthly seminars, while the Frenchand other European groups are also very active.

“Other groups are sometimes not asactive and we want to help them becomemore so,” she says. However, this is not always due to lack of

communication, she adds.Africa has relatively few national groups,

she says. “We have groups in South Africa andNigeria as well as Egypt. I think in the countrieswhere there is still a need for more develop-ment or where the understanding of IP is notso developed is where we need to improve.” She adds: “It was the same case in parts of

Asia until a few years ago. Previously it usedto be only the foreign brands who wanted toprotect their rights – we want to move awayfrom that and help nations’ approach to IPbecome more global.” She notes that there is still space for more

development. “India is growing, as is China.Other Asian countries are starting to developtoo; Myanmar has just introduced a new IPlaw [earlier this year], and there is also spaceto grow in some parts of South America.”

AIPPI influence AIPPI is one of the world’s oldest organisa-tions dedicated to the protection andimprovement of IP. It was set up in 1897,nearly 15 years after the signature of theParis Convention for the Protection ofIndustrial Property in 1883. Ms. Righetti has been an AIPPI member

since the 1990s,including servingas an assistantsecretary general,president of theItalian nationalgroup, and as vice president of the asso-ciation. Much haschanged in her time withAIPPI, as Ms. Righetti notedlast year: “Once upon a time, AIPPIwas almost the only IP association to beheard and listened to.” However, today it is one of several such

organisations around the world. Theseinclude INTA, which regularly attracts10,000 or more delegates to its annual meet-ings, in contrast to AIPPI’s typical atten-dance of around 2,000. Other IP organisa-tions like AIPLA, in the US, and Marques inEurope, are well known among IP profes-sionals and host regular events. Despite the increased competition, Ms.

Righetti is not worried, as she said at thetime of her appointment last year: “A lot ofassociations were born, or became larger. Soit is much more difficult nowadays to beinfluential than in the past. But one thing Iwish to underline is that AIPPI is really dif-ferent from all the other associations. This issomething I am very proud of.” Expanding on this, Ms. Righetti says she

believes the association has a strong influ-ence – though she stresses that it is “not alobbying organisation.”“We have a history of making influential

decisions and resolutions. We can’t imposepolicy or implore lawmakers to adopt ourresolutions, but we are very influential andwant to keep it that way – AIPPI was createdmore than 100 years ago and still we areheard and listened to today.”She adds that its resolutions – adopted at

the Congress – are often cited and occasion-ally mentioned by lawmakers and governments. “It does also depend on the national

group,” she notes. “In some countries AIPPIresolutions are more important than others.They carry less weight in countries that are notas developed, but in more established jurisdic-tions AIPPI members are sometimes calledupon to give suggestions to lawmakers.” This year AIPPI signed an agreement

with WIPO for the first time, with a memo-randum of understanding being agreed onMay 1 under which the two committed tocooperate more closely with each other. “We want to be in contact with each other

and exchange ideas. We have always donethat to an extent but I think it was taken forgranted previously, whereas now it is official-ly recognised. We always keep in contactwith all the national IP offices and report allour resolutions to them.” Ms. Righetti adds that AIPPI tries to

communicate with other IP associations asmuch as possible. “We try to stay in contact with them,” she

says, though shenotes that they havedifferent opinions.“We are trying to

develop IP becausewe believe it’s a pow-erful tool to developeconomies and con-

tribute to wider develop-ments and not just to support

big corporations.”

Changing the structure One of the things the association haschanged is focussing on its structure. In August last year, Dr Arno Hold was hired

as executive director. Hold took the reins justweeks before last year’s Congress and Ms.Righetti says his influence is being felt. “We felt we needed someone with the

expertise to make us a stronger structurewith more experience and competencies,”she says, before concluding: “Previously wehave not really had a business model as such,so having somebody come in with a manage-rial way of taking care of issues is helpful.”

Interview

2 AIPPI CONGRESS NEWS Monday 16 September 2019

President: giving all nations a voice Renata Righetti wants all national groups, even those in smaller andunderdeveloped IP systems, to communicate and speak up for IP, asshe tells Max Walters

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The WTO Secretariat and AIPPI have fur-ther advanced their collaboration on theTRIPS Case Law Digest. This collaborationcollects national case law that applies,relies upon, or otherwise refers to provi-sions of the TRIPS Agreement as agreedto in principle at the 2018 CancunCongress. It will now enter a pilot phasewith the Standing Committee on TRIPS,chaired by Catherine Mateu, beforebecoming fully operational next year.

At Saturday’s meeting of the Standing

Committee, Antony Taubman, director,and Wolf Meier-Ewert, counsellor, of theWTO Secretariat’s IP Division, discusseddetails of the online case law collectioninterface and coordinated next steps.Hosted by the WTO Secretariat’s IPDivision, the TRIPS Case Law Digest willbe a publicly-available resource and isplanned as a collaborative project, devel-oped through sustained relationships withcontributing IP institutions, both academ-ic and professional, around the world.

AIPPI collaboration on TRIPS case law enters pilot phase

At the third annual Young AIPPIForum yesterday morning, DoronDavidson-Vidavski, a facilitator and

trainer with a background in law and acting,engaged an audience of IP lawyers aged 36and under on how best to build a personalbrand in their role. As Jeff Bezos, CEO of Amazon, famously

said: “Your brand is what other people sayabout you when you’re not in the room.”Communicating with assertiveness and

confidence, establishing relationships andbuilding trust are things every lawyer shouldkeep in mind in building their personalbrand. “Law firms all tend to say that theycare about their clients and understand theirneeds,” said Mr. Davidson-Vidavski. “Thething that makes the difference for the firm isthe lawyer.”Focusing on what is said and how it is said

is key when communicating. The top threetips to keep in mind are to maintain eye con-tact, have an open posture and pay attentionto the tone of voice. A lack of eye contact cangive the impression that you do not careabout what the other person has to say.Without an open posture, one may come offas nervous or tense. It’s also important to payattention to someone’s level of energy andtry to adjust your tone to match the otherperson’s.

A lack of confidence is a common limitingbelief that Mr. Davidson-Vidavski comesacross and is one that he has struggled with.He stressed the importance of being awareof our own limiting beliefs to overcomethem.“We all have presumptions about how

other people think of ourselves,” said Mr.Davidson-Vidavski. “But the more we focuson these limiting beliefs, the more we givethem space to exist, and that’s a killer of con-fidence.”The first step to stopping limiting beliefs

is to identify the belief itself. Then, recallwhen and where the belief occurred. Next,challenge its accuracy because it may well besomething that is only imagined and far fromthe truth. Finally, form a realistic counter-part belief and push yourself to movetowards it.Shifting to establishing relationships and

building trust, Mr. Davidson-Vidavski pointedout that lawyers tend to have certain mindsetswhich can sometimes make them less people-focused. These include the tendency to assessrisk and think of the negative first, wanting totell rather than listen, focusing on the details,and wanting everything done quickly. “To establish good relationships, we have

to shift from a lawyer to a people mindset,”said Mr. Davidson-Vidavski.

This means instead of thinking of theworst in everything, one should uncoveropportunities by being open to learning, ask-ing open-ended questions and demonstrat-ing that you are making time for someone.Rather than always wanting to be interestingand talking too much, show people who youare talking to that you are interested in them.Above all, a can-do attitude is of utmost

importance. “Saying no all the time can cre-ate the impression that you’re non-collabo-rative,” said Mr. Davidson-Vidavski.Another word to keep to a minimum is ‘but’,especially when lawyers need to give feed-back to more junior staff. “A message willland more willingly with the person when it’sportrayed in a positive way,” Mr. Davidson-Vidavski concluded.

News

AIPPI CONGRESS NEWS Monday 16 September 2019 3

How lawyers can build a personal brand

Renata Righetti, president of AIPPI,opened yesterday’s ExecutiveCommittee meeting by paying trib-

ute to Andrzej Ponikiewski, member of hon-our of the Polish group, and George Primak,member of honour of the Canadian group,who both sadly passed away in the past year.The Nominating Committee then over-

saw the elections of new members to theBureau and the various StatutoryCommittees. The new Bureau Committeewill consist of secretary general MarekLazewski, based in Poland, first deputy sec-retary general Annie Tsoi, from Hong Kong,and second deputy secretary general, NazliKorkut, located in Turkey. Isabelle Chabot,based in Canada, will be the assistant to thesecretariat.The elections were followed by a number

of updates from various committees. JoshuaGoldberg, from the CommunicationsCommittee, kicked off with an update on theneed for AIPPI to increase communicationboth internally and externally. WithLinkedIn being an important social mediaplatform, a protocol for LinkedIn pages forvarious AIPPI standing committees has beenestablished and will be shared with the vari-ous Standing Committees. Posting onLinkedIn must remain exclusively profes-sional and in line with AIPPI’s views andpositions. To address the communication needs of

the Bureau, a full-time communicationsemployee will be hired to monitor socialmedia accounts and solicit contributionsfrom the worldwide membership. Theemployee will also be tasked with workingwith the Communications Committee tocreate a quarterly journal, to be publishedelectronically by the Bureau. The aim of thejournal is to provide discussion on highly rel-evant areas of law, with submissions fromany national groups and standing commit-tees being welcomed provided they aredirected to topics of interest.

Current secretary general Olga Sirakovareported that although the increase in mem-bership fees was expected to have an impacton membership, so far it hasn’t. The totalnumber of members stands at 8,783, com-pared to 8,769 in 2018. Discounted mem-berships, mostly for young members, havealso shown promising results. National andregional groups are encouraged to send inreports to improve communication andallow the Bureau to give as much support aspossible.Reporter general Jonathan Osha empha-

sised that in addition to the 50-50 genderparity in speakers, 38% of this year’s speakersare in-house counsel, which is the highestparticipation from in-house counsel ever forAIPPI. A new In-House CounselCommittee has been set up to make AIPPImore relevant for this group. Steven

Garland, from the Programme Committee,highlighted the progress that AIPPI has beenmaking in ensuring diversity in all formswhen selecting speakers. The committee ismade up of members from 12 countries,including academics, in-house and privatepractice lawyers. Sture Rygaard, from the Trade Secrets

Committee, highlighted the work that hasbeen made in the past year. This includes thecollection of views from the EU memberstates, except Cyprus, on the implementa-tion of the EU Trade Secrets Directive. Thecommittee also looked at cross-border issuesthat members are encountering, includingthe different definitions of ‘trade secret’ indifferent countries and whether the courtswill take jurisdiction of trade secrets. Finally, executive director Dr. Arno Hold

gave an update on the work that has been

done over the last year. “I’ve talked to manypeople and sought feedback. Talking to a lotof lawyers has meant getting a lot of opin-ions,” said Mr. Hold. “Although we had arough start to 2018, we came back stronglywith the Cancun Congress and now with lotsof confidence for London.” To improve the organisational structure

of the General Secretariat, an organisationalchart with clear responsibilities and jobdescriptions has been created. There hasalso been a shift at the General Secretariatfrom employing part-time students to fulltime professional staff. Other priorities willinclude a more user-friendly website,replacement of IT hardware and relaunchingAIPPI’s online library to ease searches. Moreon the 2020 Strategic Plan will be discussedduring the Executive Committee’s secondmeeting.

4 AIPPI CONGRESS NEWS Monday 16 September 2019

News

Highlights from the ExecutiveCommittee’s first meeting

patentability and validity requirements are suf-ficient, “to ensure that the invention protectedby the claims is commensurate with the tech-nical contribution made by the specification tothe state of the art.” Any introduction to a sec-ond plausibility requirement would createlegal uncertainty without providing an equalamount of benefit. They also decided an invention must satis-

fy one of three credibility thresholds, includingexplanation of a technical benefit, and that theskilled person must believe without any seri-ous doubt that the invention can be obtainedand work as described. Plausibility should beconsidered only on a case-by-case basis by tak-ing into account the described functional andstructural features in the claim.Consumer survey evidence was also front

and centre, with study committee membersdeciding that surveys should be admissiblebut not mandatory in administrative and

court proceedings. Consumer data fromthese surveys should be allowed to argue rel-evant circumstances, particularly reputation,distinctiveness, and confusion. No predeter-mined percentage of survey responses is nec-essary to prove a circumstance or fact.

Each session provided multiple resolu-tions to the four carefully selected topicsand they will be voted on in the PlenarySessions during the remainder of theCongress, before bring submitted forapproval during ExCo II.

Continued from page 1Entertainment in full swing at theWelcome Reception

Study Committee Meetings

“An AIPPI Congress is a big deal”,says Calum Smyth, whochaired the UK’s co-ordination

committee for this year’s Congress and whohas been at the coal face of pulling variousaspects of it together.The global head of IP at Barclays in

London and a member of the organisation’sUK Group says he is under no illusion howimportant the Congress is. “At no other time do the top-practising pro-

fessionals from around the world, in all aspectsof IP, congregate in one place to discuss, learn,educate and collaborate on topics that affect orare affected by IP,” he says. “In a world whereeconomies are now reliant on creativity andinnovation, the need for this engagement on aninternational level has never been greater.”“Not only is there a packed educational

agenda, with panel and lunchtime sessions,but the Congress will spend much of its timein plenary sessions, presiding over one of the

central pillars of AIPPI’s man-date – the global harmonisation oflaws,” he says. He adds that Sara Ashby, incoming UK

president, has worked on a number of issuesthat have been dealt with at the plenary ses-sions and chaired last year’s working commit-tee for the study question relating to designs. Ashby has said that a key part of the

national group’s work during the year relatesto responding to questions on a particular

legal topic, and thoseresponses are thendebated at the

Congress in order todraft and agree on a resolu-

tion that reflects the combinedview of the entire organisation.

“AIPPI’s resolutions can be very influen-tial. For example, Brazil’s IP office recentlygave a presentation citing the DesignsResolution from last year as the basis fortheir new law on designs,” she says.Mr. Smyth adds that outside of the plena-

ry sessions, AIPPI’s programme provides arapid response to new legislation, case lawand other technological developments that

The different faces ofan AIPPI CongressCalum Smyth, chair of the Congress’s UK coordination committee,tells Patrick Wingrove about the planning process for this year’sconference and what registrants can look forward to

Interview

6 AIPPI CONGRESS NEWS Monday 16 September 2019

affect IP, and it is a good idea for delegates toattend. The annual Congress is thus organ-ised by themes that help pull together issues,such as those discussed during the plenarysessions. Panel sessions are moderated and populat-

ed by industry experts, says Mr. Smyth, andattendees stand to learn a lot from each ofthem.“One of the benefits of a large conference

attendance is that it can address a huge vari-ety of topics so there is something for everyIP professional to sink his or her intellectualteeth into,” he says. “This year we have a broad spectrum of

subjects, from AI and architecture to financeand the fashion industry. There are alsoopportunities to get deep into legal detail,and consider issues such as plausability andtrademark survey evidence.

“Because of the nature of AIPPI’s work, itis able to attract some of the most experi-enced professionals in almost every domainrelevant to IP, and as a result the sessionstend to offer both high quality content, andrelevance,” he adds.

Putting the conferencetogetherIn terms of organising the conference andgetting it ready for more than 2,000 atten-dees, Mr. Smyth says one of his biggest chal-lenges was finding the right venues for boththe conference’s working sessions and themore cultural aspects. Mr. Smyth and the rest of the Congress

coordination committee played a vital partin the organisation by scoping out locations,entertainment, catering and consideringother logistical aspects; an exercise that

finally landed on the major venues of theQEII Centre and Central Hall Westminster,Alexandra Palace and the V&A.He says that the committee’s key concern

was to find a venue in the centre of London.“There are many UK venues purpose

built for major conferences, but most areoutside the cities. We wanted to ensure theevent was firmly embedded in the centre ofLondon – essentially the working home tothe majority of our UK membership and thelocation of the UK IP courts. “London also has a rich IP story to tell, with

museums, art and entertainment forming acritical part of its cultural fabric, surroundedby a dynamic and vibrant population.“But in an established centre like

London, places that can house 2,000 to3,000 people for the conferences andsocial events are limited and those that do

exist tend to get booked years in advance.”Mr. Smyth and his team worked closely

with AIPPI International based inSwitzerland, who are ultimately responsiblefor the Congress’s overall success. “We were lucky to have such a productive

partnership with the team based inSwitzerland – who were able to do much ofthe heavy lifting, from ticketing and market-ing to most of the administration anddetailed logistical planning.”Mr. Smyth adds that both he and the UK

Group are proud to host the 2019 Congressand are very excited to share their home withthe larger AIPPI family: “Hopefully dele-gates can take advantage of an excellent pro-gramme, world class venues and a truly inter-national atmosphere and return home withsome great memories from a busy, engagingand productive event.”

Interview

AIPPI CONGRESS NEWS Monday 16 September 2019 7

13th Fl., 27 Sec. 3, Chung San N. Rd., Taipei 104, Taiwan, R.O.C.Tel: 886-2-25856688 Fax: 886-2-25989900/25978989Email: [email protected] www.deepnfar.com.tw

ProsecutionInfringementLitigationIP

09:00 – 10:30 Plenary Session for proposed Resolution (A): Standing Committee on Multilateral agreement Whittle/Fleming on Client Attorney Privilege 09:00 – 10:30 Pharma Session 1: Wait! Pay for delay St James09:00 – 10:30 Panel Session I: The art of IP – museums & architecture Westminster10:30 – 11:00 Coffee break Exhibition Area11:00 – 12:30 Pharma Session 2: Patent Linkage: an international perspective St James11:00 – 12:30 Panel Session II: In-house perspectives on IP enforcement Westminster12:30 – 14:00 Lunch 1: An update from USPTO Director Andrei Iancu Churchill12:30 – 14:00 Networking Lunch Central Hall Westminster14:00 – 17:30 Plenary Session for proposed Resolution (1): Study Question on Copyright Whittle/Fleming14:00 – 15:30 Pharma Session 3: Hot and hostile: recent developments in SPCs and patent term extensions St James14:00 – 15:30 Panel Session III: Describe your best defense: trade mark infringement or not? Westminster14:00 – 16:00 Secretaries & Treasurers meeting Abbey15:30 – 16:00 Coffee break Exhibition Area16:00 – 17:30 Pharma Session 4: Antibodies and epitope/competitive claims St James16:00 – 17:30 Panel Session IV: Protecting trade secrets in the EU – new and improved? Westminster16:30 – 17:30 Independent Members Meeting Gielgud18:30 – 19:30 Women in AIPPI Fashion - Victoria & Albert Hall Museum19:30 – 22:30 Cultural evening Victoria & Albert Hall Museum

TODAY’SSCHEDULE

MONDAY 16SEPTEMBER 2019