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IP litigation team is a ‘purrrfect’ match for IPKat at AIPPI Congress in Toronto


A number of Allen & Overy’s IP litigation team were in Toronto at the AIPPI Congress last week (September 14-17).  AIPPI, or the International Association for the Protection of IP is the leading non-governmental organisation for research into, and formulation of policy for, the law relating to the protection of IP.  AIPPI’s Annual Congress attracts around 2000 members engage in the educational programme of AIPPI, attend special panels of experts discussing current and future developments and where the Working Committees discuss Resolutions representing the positions of AIPPI.

As well as attending and participating in some of the key meetings, our team’s write ups of the sessions were posted to leading IP blog, IPKat.  Associates Annsley Merelle Ward (otherwise know by her IPKat handle, ‘AmeriKat’), Eibhlin Vardy and Lorraine Neale (our IP practice manager) wrote seven articles covering the most hotly-debated topics in the IP world:

* AIPPI Congress Report 1: A new era of IP collaboration and harmonization

Annsley kicked off the reporting with an overview of the opening ceremony and keynote speech given by the “quietly eloquent (and funny) Justice Marshall Rothstein of the Supreme Court of Canada” who discussed the Congress’ overall theme of the increase in collaboration and IP harmonization across the globe.  

* AIPPI Congress Report 2: Second medical use heats up a Sunday morning

Eibhlin updated on the deliberations of Working Committee Q238 on "Second medical use and other second indication claims" and its proposed Resolutions.

* AIPPI Congress Report 3: Biosimilars - into the great unknown?

Annsley delved into the emerging area of biosimilars, updating on the discussions of a panel of experts on topics such as key definitional issues and the issue of naming biosimilars.

* AIPPI Congress Report 4: Should Europe embrace a patent linkage system?

Eibhlin reported on what was a lively discussion on the topic of "Early Resolution Mechanisms for Patent Disputes Regarding Approved Drug Products" with Larry Welch of Eli Lilly (US) moderating panellists representing a range of views across the innovator/generic spectrum. 

* AIPPI Congress Report 5: 'A' stands for "Arbitration" and "Aereo"

Lorraine covered two workshops, the first a mock international IP arbitration and the second, entitled “Aereo – copyright lessons for the US and beyond, an engaging debate surrounding the US Federal Supreme Court’s decision in ABC v Aereo, a highly topical copyright litigation case, handed down in June 2014. The Supreme Court found that Aereo’s disruptive business model, using thousands of very small antennas stored in a warehouse to stream unauthorised broadcast signals which they had encoded into packets, directly into the homes of users, an infringement of the Broadcasters’ public performance copyright. The Us position was compared with that in the EU and in Canada.

* AIPPI Congress Report 6: The big privilege problem  

Lorraine reported on the workshop "Client Attorney privilege – issues for harmonisation”, which focused on the crucial issue of the protection from forced global disclosure afforded to confidential client-IP adviser communications, in recognition of the fact that whilst IP law is progressively more harmonised internationally, and IP practice is increasingly global, there is a troubling lack of international harmonisation in respect of the protection granted to the confidential communications between non-lawyer IP advisors and their clients. The workshop set out to focus the underlying substantive issues which may impede harmonisation in this area and discuss ways to overcome them. 

* AIPPI Congress Report 7: The one where the second medical use resolution is adopted

Eibhlin posted the final report from the Congress, detailing the back and forth on the proposed Resolutions from Working Committee Q238 on "Second medical use and other second indication claims", which, after a number of amendments, were adopted at the Executive Committee session on the Wednesday afternoon, with 185 votes in favour, 4 against, and 4 abstentions.  The article prompted active comment on IPKat and probably isn’t the last time that the question of second medical use will be debated!

For further information about any of the topics reported above, please contact Annsley, Eibhlin or Lorraine.




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