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The International Association for the Protection of Intellectual Property
The International Association for the Protection of Intellectual Property


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OHIM Webinar on the new e-filing tool available at

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Sponsorship opportunity at AIPPI Forum & ExCo meeting 2013 in Helsinki, Finland 
Take advantage of this unique opportunity to reach a wide audience and become a sponsor, an exhibitor or a media partner for this event. We expect to welcome more than 600 participants from all over the world, having their area of practice in all fields of intellectual property. 
(AIPPI General Secretariat)

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United States of America: U.S. Supreme Court Holds “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad.
The “first sale” doctrine, codified in Section 109 of the U.S. Copyright Act, permits the owner of a lawfully acquired copy of a copyrighted work to sell it without the copyright owner's permission, regardless of whether the copy was made in the United States or another country. In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court rejected any geographical restriction upon the “first sale” doctrine, relying on the language of the Copyright Act, Congressional intent, the common law, and policy considerations. 
(Article by Seth I. Appel, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois, United States of America)

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The Netherlands: New electronic tools from the European Patent Office: Mailbox and MyFiles. 
In the attached article, the European Patent Office announces the launch of two electronic tools, Mailbox and MyFiles. The article provides detailed information on these new tools, which allow enhanced electronic communication between the EPO and the users community. These tools also empower applicants, thereby making the procedures they are required to follow more transparent. In a nutshell these tools offer the following benefits to the users: security; quality and transparency; access to unpublished files; electronic mail; and, self service features. 
(Article by M.T. Grau Canet and L. Brockhuis-Kuurstra, European Patent Office, The Hague — Rijswijk, The Netherlands)

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Thailand: Concurrent Registration of Similar Marks in Thailand. 
A recent and very important decision of the Thai Supreme Court (Matsuda & Co. v. Department of Intellectual Property and Valentino S.p.A.) has reviewed the law surrounding trademark registration and the potential conflict with prior-registered marks in Thailand. This article provides valuable insight into the effects of this decision and guidance to brand owners on what they need to know to register their trademarks. 
(Article by Srila Thongklang and Parichart Monaiyakul, Tilleke & Gibbins, Bangkok, Thailand)

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Switzerland: Swiss Moral Rights permit owner to destroy but not modify house: a recent decision of a Swiss state court. 
A few months ago, a Swiss state court prohibited the modification of a property by its owner, on the grounds that the proposed modification would have affected the architect's moral right this revisits a classic issue: the architects’ right to the integrity of their work. 
(Article by Thomas Widmer, LALIVE, Geneva, Switzerland)

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Poland: Whatever happened to Polish support for Unified Patent Package.
Poland is one of only two EU countries which did not sign the international agreement on the Unitary Patent Court. This is the result of an intense domestic discussion as to possible negative impact of the unitary patent system in the EU on the Polish economy. The Polish National AIPPI Group actively participated in this discussion. 
(Article by Marek Łazewski, Secretary of Polish National Group of AIPPI)

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United Kingdom: Copyright infringement & the Internet.
The UK Supreme Court decides that the Directive on harmonisation of copyright in the information society (Article 5(1), 2001/29/EC) excludes from infringement, copying purely as a consequence of viewing material on the internet. Unusually, it has sought guidance from the CJ(EU) because the application of copyright law to internet use has important implications for many people across the EU. 
(Article by Trevor Cook, Bird & Bird, London, United Kingdom)

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India: Indian Supreme Court rejects Novartis crystalline form patent.
The Supreme Court of India has rejected Novartis' patent application for the beta crystalline form of Imatinib Mesylate, on the ground of non-patentability under Section 3(d) and lack of inventive step. A new form of a known substance which does not result in enhancement of the known efficacy of that substance is not patentable. The Court held that Imatinib Mesylate was disclosed in the prior art, and, therefore, a “known substance”. The new beta crystalline form was not demonstrated to have any enhanced therapeutic efficacy over the known substance. 
(Article by Sudhir d. Ahuja, D. P. AHUJA & CO., Calcutta, India)

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The WIPO Arbitration & Mediation Center, Geneva, has published the results of the International Survey on Dispute Resolution in Technology Transactions. AIPPI actively contributed to the preparation of this Survey. 
(Thierry Calame, Reporter General of AIPPI)
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