12 July 2016 // Open Forum // IP5 Report // iPhone & Facebook // IP Insurance // Amended PCT Rules
16th Open Forum - Great Success with Registrations
FICPI's Organising Committee is delighted to announce that, at the close of the Early Bird registration period, the registration figures are much higher than at previous fora (Sorrento 2013 and Barcelone 2014) and, with this current trend, this year's Open Forum is guaranteed to be a great success!
Take this opportunity to visit the glorious city of St Petersburg with FICPI's 16th Open Forum, where our well-established three-stream format, with its specialised sessions for patent attorneys and trade mark attorneys alike, an enhanced focus on increasingly critical business practice issues for the independent professional and private firm, will ensure your business continues to flourish. Additionally:
FICPI's 16th Open Forum will provide valuable information to set up future patent-, design- and trademark-strategies for non-European filers
Up-to date information concerning BREXIT will be discussed.
Due to such high numbers of registered delegates and their guests, members and non-members are reminded that they should process their registration as soon as possible, especially if they wish to secure accommodation at the conference hotels.
IP5 Reports Relating to Harmonisation of Patent Practices and Procedures
In July 2015, the IP5 offices launched a consultation process with respect to three reports. These reports related to (1) unity of invention, (2) citation of prior art, and (3) terminology used for written description. In view of FICPI's interest in the IP5 Offices and the subject matter discussed in those reports, the CET prepared and filed a submission. Read more...
iPhone lost, Facebook won: similar situations, different conclusions, why?
Two trademark oppositions that concluded in China in 2016 drew the world's attention. Two world-famous trademarks, "IPHONE" and "FACEBOOK", received different decisions in similar cases. A closer look reveals why these two cases were treated differently.
In the "FACEBOOK" case, Facebook was able to prevail under the Article 44 ground because the opposed party’s bad faith was obvious in that it had filed applications for “FACEBOOK” in other classes and also had registered or tried to register other well-known or famous marks. In the "IPHONE" case, Apple did not claim the Article 44 ground and the grounds it did claim were not supported by sufficient evidence. Thus, choosing the appropriate opposition ground is crucial. Read more...
IP Insurance Proposal for FICPI Members and their Clients
A project being pursued by CET 8 is the possibility of sourcing IP insurance, and possibly other relevant insurances such as professional indemnity (PI) insurance, at a beneficial rate to clients of firms of FICPI members and/or the firms of FICPI members directly. Such a facility could be:
a value add to being a member of FICPI;
a point of distinction for national sections and associations of FICPI who are in serious competition with other professional IP organisations to attract members;
financially beneficial at all levels of the Federation from the FICPI Federation itself, to the national sections and associations of FICPI, to the individual firms of the FICPI members, as well as to the clients of the firms and/or to the clients of the individual members;
an incentive to firms to increase the number of FICPI members among the eligible members within the firm;
a means to provide accessibility to individual and small firms to the same benefits enjoyed by larger firms for providing IP insurance to clients through economies of scale provided by FICPI or national groups rather than member firms themselves appointing the broker on behalf of all members.
CET 8 will proceed with preparing a proposal for a tailored IP insurance facility to suit FICPI’s members. The proposal will include appropriate requirements, including selection criteria for choosing an insurance broker. It is recommended that the Bureau consider the proposal and proceed with selecting an appropriate insurance broker using the selection criteria and enter into negotiations with the broker to design the IP insurance facility making changes it considers necessary for the organization to adopt, with consultation of CET and PEC as appropriate. Read more...
Amended PCT Rules
Amended PCT Rules entered into force on 1 July 2016, allowing applicants to selectively remove information from an international application, prevent the forwarding of documents filed with a request for restoration of a priority document from a national office to the IB, request an extension of time limits under the force majeure provisions in case of a general outage of electronic communication means and communicate with the IB in languages different from English and French. Read more...