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25th NGO Coordination Meeting


On May 22nd during the INTA conference in Seattle, AIPPI-US (represented by Maria Scungio, Chair) and AIPLA, Patent Harmonization Committee (represented by Ray Farrell, committee member) participated in in the 25th NGO Coordination Meeting organized by AIPPI-International.  In addition to the AIPLA and AIPPI-US, meeting participants included representatives from ABA-IPL, ACPAA, AIPPI, APAA, ASEAN IPA, ASIPI, ECTA, EPLAW, ICC, INTA, IPO, JPAA, LES-International, and MARQUES. 

AIPPI International confirmed its continued interest in participating in the HCCH special session discussions (May 24-29, 2018), regarding the proposed draft convention on the Enforceability of Foreign Judgments.  For discussion at this session will only be the sole question of whether “intellectual property decisions” should include or exclude decisions reached by administrative bodies, in addition to court decisions.  AIPPI-US acknowledged that the U.S. national group, in companion with AIPLA, continues to monitor this subject closely.  AIPPI-US, in collaboration with AIPLA, recently completed its response to the AIPPI Questionnaire on this draft convention.  AIPPI-US advised AIPPI International that its membership is strongly focused on having intellectual property decisions designated as an exclusion from the scope of the Convention.  AIPPI-US and AIPLA have concluded that inclusion of intellectual property decisions will risk placing the U.S. in violation of its treaty obligations pursuant to the Paris Convention and TRIPS.  Accordingly, AIPPI-US and AIPLA currently take the view that it will not be productive to consider and submit edits to improve the draft Convention text, and the preferred course is exclusion of intellectual property decisions.

AIPLA gave a report directed to an update of patent harmonization.  Briefly, the report provided updates on the recent activities of the Industry IP5 (AIPLA, IPO, BusinessEurope, JIPA, KINPA and PPAC) as well as on substantive patent harmonization discussion of the Industry Trilateral (AIPLA, IPO, BusinessEurope, and JIPA).  In particular, on January 31st the Industry IP5 participated in the Global Dossier Task Force Meeting. The discussion of the Industry IP5 with the Offices focused on the five priorities of: 1) Alerting functionality for updating users when actions occur; 2) XMLization to better capture and share common data; 3) standardization of Applicant Name; 4) Legal Status; and 5) inter-office Document Sharing.  On February 1st, the JPO hosted the second meeting of the IP5 Industry Consultation Group, in which the IP5 Offices and WIPO’s International Bureau engaged in an interactive dialog with the industry IP5 representatives on: the work of the IP5 Patent Harmonization Expert Panel (PHEP), the PCT Collaborative Search and Examination pilot program, and a potential new stage of worksharing.  The meeting presented a good opportunity for all delegates to engage in a frank and informal manner. As a result of this format, the IP5 Offices obtained direct feedback from Industry on these ongoing IP5 projects, which will help IP5 determine the next steps.

In the area of substantive harmonization, discussions have been ongoing among the Industry Trilateral on the 4 Tegernsee Topics (Prior User Rights, Grace Period, Conflicting Applications, 18-month Publication).  The Industry Trilateral meets frequently concerning these, in an effort arrive at a single package that includes all of these topics, and which also balances interests and achieves compromise by all, utilizes best practices, and focuses on motivating behavior consistent with pro-IP policies.​