COMMITTEE LEADERSHIP: Philip Swain, Chair; Peter Schechter, Vice-Chair; Joshua Goldberg, Secretary; Marc Richards, Treasurer

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1 AIPLA Committee Report DATE: April 25, 2016 MEETING: 2016 Spring Meeting COMMITTEE NAME: AIPPI-US Division COMMITTEE LEADERSHIP: Philip Swain, Chair; Peter Schechter, Vice-Chair; Joshua Goldberg, Secretary; Marc Richards, Treasurer OVERALL MISSION OF THE COMMITTEE AS IT RELATES TO AIPLA s VISION, MISSION, and VALUES: The AIPPI-US Division serves as the U.S. National Group of the international organization AIPPI (the Association Internationale pour la Protection de la Propriete Intellectuelle ), an international federation of national groups of intellectual property practitioners from over 100 countries that has over 9,000 members worldwide. The AIPPI-US Division s main mission is to work within the framework of AIPLA to participate in the activities of the larger AIPPI organization. Those activities include conducting comparative law studies of intellectual property laws, with the goal of proposing measures to achieve harmonization of those laws on an international basis, which are then supplied to the WIPO, the WTO, and to national patent and trade mark offices around the world. AIPPI conducts annual meetings every year to discuss and reach agreement on these resolutions, and also conducts workshops and seminars on other international intellectual property comparative law issues. In formulating its position on these issues, the AIPPI-US Division coordinates its actions, positions, resolutions, and communications with the appropriate committees and leadership of AIPLA, in accordance with AIPLA procedures. PROJECTS: Plans for Stated Meeting: Joint AIPPI-US Division/AIPLA IP Practice in Europe Committee Meeting scheduled. Plans/projects and activities between stated meetings, and coordination with other committees and board liaisons AIPPI 2016 Milan The AIPPI 2016 Congress will be in Milan, Italy, from September 16-22, The main activity which takes place at an AIPPI Congress is the debate and adoption of resolutions on topics of comparative intellectual property law, called the Working Questions or Study Questions for the meeting. This past January we formed Study Committees that has drafted US comparative law reports on each of the four study questions that will be addressed at the Milan Congress: 1

2 Patents: Added matter: the standard for determining adequate support for amendments Co-Chairs: Sabing Lee and Denise Kettelberger Bing Ai Josh Goldberg Joseph Snyder Theresa Stadheim Denise Kettelberger Rob Wells Daniel Drexler Andrew Simpson Ken Adamo David Ruschke MaryAnne Armstrong Geza Ziegler Trademarks / Designs: Requirements for protection for industrial designs Co-Chairs: Chris Carani and John Bird Maria Scungio Dave Hill David Moore Copyrights: Linking and making available on the Internet Chair: Kevin Tottis Dennis Prahl Rudy Hoffman Bob Sacoff Pamela Hill Gregory Sebald General: Security interests over intellectual property rights Co-Chairs: Kelly Hyndman and Marc Richards Bea Koempel-Thomas John Carson Ray Farrell Ray Moser The committees have competed their draft reports, and they have been reviewed by the AIPPI-US Division Steering Committee and revised in accordance with comments from that Committee. They are now in the process of being reviewed by the respective AIPLA substantive law committees with responsibility for the subject matter for each report. After those reviews, they will be presented to the AIPLA Board of Directors for final approval at the Spring Meeting, then submitted to the AIPPI international Reporter General team, for use in preparing joint resolutions for debate at the Milan Congress in September. 2

3 In addition to these four Study Questions, the Milan Congress will include an array of workshops/panel sessions, with panels of speakers, and several luncheons with speakers, many of which will include participation from AIPPI-US Division members, as well as two sessions of an Executive Committee meeting to discuss the general business of AIPPI. AIPPI 2021 San Francisco The AIPPI-US Division was honored to be invited to host the AIPPI 2021 Congress in San Francisco. In February 2015 the AIPPI-US Division Steering Committee and the AIPLA Board of Directors voted to accept that invitation. We are in the process of forming an organizing committee to begin planning that meeting. The persons who have agreed to be on that organizing committee so far include: Bing Ai (Perkins Coie, San Diego, CA) Daniel Brownstone (Fenwick & West, San Francisco, CA) John Carson (Knobbe Martens, Irvine, CA) Rajesh Footwear (San Jose, CA) Georgian Greenback (Fox Group Legal, Los Angeles, CA)( not yet an AIPPI-US Division member) Sharon Israel (Mayer Brown, Houston, TX) Philip Jensen (San Jose, CA) Bea Koempel-Thomas (Lea & Hayes, Spokane, WA) Eugene Mar (Farrella Braun & Martell, San Francisco, CA)( not yet an AIPPI-US Division member) Kya Min (Knobbe Martens, San Francisco, CA) Dale Nelson (Warner Bros., Burbank, CA) John Osha (Osha Liang, Houston, TX) Raquel Pacheco (San Jose, CA) Marc Richards (Brinks Gilson, Chicago, IL) David Ruschke (Medtronic, Santa Rosa, CA) Wayne Sobon (San Francisco, CA) Work has already begun on selecting the dates for the 2021 San Francisco Congress and on securing the venue(s). AIPPI Membership Initiative We are always seeking to increase our membership by working within the AIPLA Global Sector Group, and to integrate all of our activities with the other international committees and international activities of the Global Sector Group. Our theory is that all US members of AIPLA who have any interest in international practice should become members of the AIPPI-US Division - we are trying to promote the slogan become an international IP lawyer as part of our join AIPPI membership drive. We have now grown our membership to over 600 members. Given the anticipated popularity of the 2016 Milan Congress, we hope to reach the next milestone of 700 members by the Milan Congress. 3

4 AIPPI Statutory Committees The AIPPI international statues also provide for six international committees whose members are elected, based on nominations who are presented by a Nominating Committee, and then presented to the Executive Committee of AIPPI at its annual meetings. We have been asked by the AIPPI Secretary General to submit proposals of the United States Group for these committees and have done so, as follows: AIPPI Membership Committee Peter Schechter AIPPI Communications Committee Joshua Goldberg AIPPI Nominating Committee Phil Swain AIPPI-US Division members already serving on the other three AIPPI statutory committees are: AIPPI Finance Committee Dave Hill AIPPI Program Committee Larry Welch (Chair) AIPPI Venue Selection Committee John Carson (also re-nominated) AIPPI International Standing Committees In addition to the AIPPI Study Committees on the comparative law issues, AIPPI has over 20 international standing committees consisting of members of AIPPI from different countries around the world that concern various issues of intellectual property law. In the past, each standing committee generally had no more than one member from each country on it. But last year, the AIPPI international bureau invited member groups to nominate one or two additional members to the various standing committees, particularly if they could identify younger members or corporate/in-house attorneys who could be nominated. AIPPI-US Division nominated 23 additional US members to the AIPPI international standing committees over the past year, who have been invited to join those committees. The AIPPI Standing Committees now include the following members from the AIPPI-US Division: Committee Q248 on the Commercialization of IP: Michael Connor, Chair, and Victor Siber Committee Q243 on the Unitary Patent/Unified Patent Court: Jacqueline Daspit, Lori-Ann Johnson, and John Pegram Committee Q242 on Pharma and Biotechnology: John Todaro, Chair, Peter Ludwig, Secretary, Biotech Sub-Committee, and Li Feng Committee Q228 on Patents: Andrew Meunier, Secretary, and Robert O'Connell and Marc Richards Committee Q227 on Designs: Chris Carani, Chair, and Pina Campagna Committee Q226 on Copyright: John Carson, Dale Nelson, and Kevin Tottis Committee Q225 on ADR: Steve Bauer, Co-Chair, and Cheryl Agris Committee Q224 on Enforcement: Ken Adamo, Chair, and Tina Chappell and Kristin Whidby 4

5 Committee Q223 on Piracy and Counterfeiting: Damian Wasserbauer, Secretary, and Naresh Kilaru Committee Q222 on Standards and Patents: Monica Barone, Jeffrey Gluck, and Chris Scherer Committee Q220 on Geographical Indications: Rudy Hoffman and Patrick Kole Committee Q212 on Trademarks: Sheldon Klein and Dennis Prahl Committee Q207 on Development and Intellectual Property: Michael Martinez de Andino, Secretary, and Theresa Stadheim Committee Q199 on Attorney Client Privilege: Jeff Lewis and Dave Hill Committee Q198 on IP and Green Technology: Cynthia Cannady and Margaret Welsh McInerney Committee Q184 on Free Trade Agreements: Sharon Israel, Chair, and Mark Guetlich Committee Q166 on IP and Genetic Resources/Traditional knowledge: David Moore and DeAnn Smith Committee Q132 on Information Technology and Internet: Rich Beem, JoAnna Luna, and Nandu Talwalkar Committee Q109 on the PCT: Andrew Simpson, Chair, and Loren Hulse Committee Q94 on TRIPS: Michael Stewart ADVOCACY: As noted above, the AIPPI-US Division participates in comparative law studies in the larger international AIPPI organization on issues concerning harmonization of intellectual property laws. In that regard, the AIPPI-US Division generally advocates that the United States position or rule should be adopted when the international body agrees on a resolution for a harmonized proposal. When the AIPPI-US Division is developing its position on these issues, it seeks the guidance of the substantive AIPLA Committees which are responsible for the respective area of intellectual property law for each individual question that is being studied. The AIPPI-US Division also expects that it may, from time to time, recommend that the AIPLA take positions in amicus briefs on issues that may affect areas in which its members may have an interest, such as international harmonization of intellectual property laws. PUBLIC EDUCATION: The AIPPI-US Division reports on the study questions of comparative law for the 2015 Rio Congress are published online by AIPPI at (Library tab, select Meeting Publications). In addition, the annual meetings of the AIPPI international organization, which are open to all AIPPI members, include workshops and seminars on international intellectual property law issues. 5

6 AIPPI International New Web Site The AIPPI International website, has been revised, modified, and updated following the 2015 Annual Meeting in Rio. The new website is easier to navigate, and contains a lot of valuable information about AIPPI and its activities and publications. The AIPPI International website is separate and distinct from the website for the AIPPI-US group, which can be found at MEMBER SERVICE: The AIPPI-US Division generally has meetings at each of the AIPLA regular stated meetings. It also makes available opportunities to all of its members to participate in preparing the United States reports on the comparative law studies for the international harmonization resolutions. All of its members also have the opportunity to attend the international meetings of the AIPPI organization, where they can attend the seminars and workshops as well as the discussions of the resolutions on international harmonization, and also provides members the opportunity to network with international companies and practitioners. In addition, as noted above, members of the AIPPI-US Division serve on AIPPI international statutory and standing committees. And as noted below, members of the AIPPI-US Division will join members of AIPLA foreign practice committees in making international trips, and will seek to arrange meetings with their counterpart AIPPI organizations in other countries during those trips. GLOBAL OUTREACH: As noted above, the principal activity of the AIPPI-US Division is global outreach, to work within the framework of the AIPPI international organization toward international harmonization of intellectual property laws. Our members attend the international meetings of the AIPPI international organization, and we have sub-committees which visit from time to time with their counterpart AIPPI national groups in other countries, in cooperation with other AIPLA international committees and the AIPLA Global Sector organization. Our AIPPI-US Division has actively cooperated with the AIPLA foreign practice committees in planning and/or participating in their trips over the past year, including last year s AIPLA Practice in the Far East Committee trip to Taiwan and Singapore, the AIPLA Practice in China trip to China, the AIPLA Practice in Europe trip to the United Kingdom, France, and Germany, and the AIPLA Practice in Latin America trip to Brazil that preceded the AIPPI meeting in Rio. In addition, the AIPPI-US Division Asia Pacific Sub-Committee conducted a successful trip which was led by Sunhee Lee and Uwe Szipl to meet with the AIPPI groups in Korea and Japan in early December, That Sub-Committee coordinated its activities with the appropriate AIPLA international practice committees, and will continue to do that in the future. This year, the AIPPI-US Division has participated in the AIPLA IP Practice in Israel Committee trip to Israel, the AIPLA IP Practice in Japan Committee trip to Japan, and the IP Practice in the Far East Committee trip to Korea and Indonesia, and expects to participate in the upcoming IP Practice in Latin 6

7 America Committee trip to Colombia and Peru, the IP Practice in China Committee trip to China, and the IP Practice in Europe Committee trip to England, France, Germany, and Italy. 7