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AIPLA 2021 Spring Meeting
May 10 to 14, 2021
We're looking for a great week of learning, sharing, and connecting. We are bringing together a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's 2021 Virtual Spring Meeting. Scheduled from Monday, May 10 to Friday, May 14, the Spring Meeting has topics of interest to a wide range of IP practice. And don't worry, we'll be back in Seattle for the 2023 Spring Meeting.
View the SCHEDULE AT A GLANCETopics and sessions include:
- Filing Requirements with Inventors in Multiple Countries
- An Update on Special Programsfrom the USPTO
- Patent Prosecution: PCT, Ex Parte Appeals, and Overcoming Obviousness
- Copyright and Music Sampling,
- Trademark Application Best Practices
- The Intersection Between Patent Prosecution and Patent Litigation
- IP Lessons of the Pandemic and Leading Your Team and Litigating Cases in a Post Covid-19 World
- IP in the Supreme Court: A Review of Recent Decisions
- Design Patent Litigation in District Courts
- Interplay between District Court and PTAB Litigation
- ETHICS: Cannabis and the Law
- Who Decides Role of Judges and Juries in IP Cases
- Patent Pools in the Age of IoTs, 5G and NextGen Video Codecs: The Impact of FTC v. Qualcomm
- Copyright and Fan Fiction Cosplay
- Recent Impact of Supreme Court Trademark Decisions, and the USPTO’s Use of Failure-to-Function and Ornamentation Refusal
- ETHICS: Civility, Professionalism and Mental Health in Difficult Times
- Trade Secret: Using Patents, Trademarks, and Copyright to Preserve and Protect Trade Secrets and Balancing Privacy and Protection
- Biotechnology and Chemical Arts Patent Law Update
- Corporate Practice: Remote Notary Services, IP Protection in a Work-From-Home World, IP and Distressed Companies, and Data,Data Everywhere
Thank you to our sponsors!
AIPLA Statement on the US Administration’s Decision on Waiver of IP Protections
May 6, 2021AIPLA echoes the significant concerns shared by many other intellectual property entities about the Administration’s decision to support the World Trade Organization (WTO)’s proposed waiver of IP protections for COVID-19 vaccines. AIPLA continues to support the widespread distribution of vaccines, medicines, and other measures necessary to meet the challenges of COVID-19, however, we are concerned that the waiver approach is unlikely to lead to the desired result of widespread access to high-quality vaccines produced by qualified manufacturers and will negatively impact further innovation. AIPLA believes this decision has the potential to set an unfortunate precedent going forward.
AIPLA Submits Comments on Notification of Inquiry Regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations
April 26, 2021On April 26, 2021, AIPLA submitted comments to the U.S. Copyright Office on Notification of Inquiry regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations. As a general matter, AIPLA believes that it is important to keep the procedures as straight forward and accessible as possible to ensure this will be a new, simple, and low-cost process to resolve small copyright claims. AIPLA encourages the Copyright Claims Board to publish standardized forms and instructions. Additionally, AIPLA is in favor of providing a Second Notice through the U.S. Postal Service. For ease of delivery, AIPLA is in favor of a Designated Agent directory. Online submission of opt-out notices should be encouraged, but a paper option is also recommended. To strike an appropriate balance of discovery, AIPLA recommends that the CCB require a standardized, initial disclosure of relevant information.
Supreme Court Overturns Oracle Copyright Win Regarding Programming Code, Holds Fair Use
April 5, 2021On April 5, 2021, the US Supreme Court overturned Oracle’s copyright win over Google, holding that Google’s use of Oracle’s programming code from the Java SE Application Programming Interface (API) in their Android platform was a fair use and did not violate copyright laws. The Court determined that Google’s use of only the code that was needed to allow programmers to work in a new and transformative program was a fair use of that material. Writing for a 6-2 majority, Justice Breyer declined to address the first question on copyrightability and instead resolved the case focusing on the question of fair use by referencing the four guiding factors in the Copyright Act’s fair use provision. Justice Thomas filed a dissenting opinion that the ruling bypasses the question of whether the software code is protected by the Copyright Act. AIPLA filed an amicus brief in this case on January 13, 2020.
Letter Submitted to the Office of the US Trade Representative Supporting US Opposition to TRIPS Waiver Proposal
March 30, 2021On March 30, 2021, AIPLA, along with IPO, LES USA and Canada, and the NY IP Law Association, submitted a letter to the Office of the US Trade Representative to express support for the United States’ opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO). The letter points out that the TRIPS waiver proposal would waive a variety of IP rights related “to prevention, containment or treatment” of COVID-19. The proposal incorrectly portrays IP as a barrier, but it is expressed, to the contrary, that IP protection enhances developments. The letter states that there are no known examples where IP has been used to limit access to COVID-related technology ‒ rather innovator companies have partnered and shared IP to create tools to address the pandemic. Should the proposed TRIPS waiver be implemented, it is noted that it would have an immediate chilling effect on continued research and necessary collaboration.
AIPLA Comments on the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes
March 26, 2021On March 26, 2021, AIPLA submitted comments regarding the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes. In the comments, AIPLA requests clarification of handling of patent invalidity challenges, since substantial ambiguity remains. AIPLA requests an 8-month deadline to complete the adjudication in the Draft Measures, and requests extensions of notice periods and filing deadlines. AIPLA also requests that the Draft Measures include a corresponding provision providing that if a case has been accepted by either CNIPA or the People’s Court, any case subsequently filed in the other tribunal shall not be accepted on the same asserted claims. Finally, AIPLA requests that all possible appeals have been resolved or the time within which to appeal has expired without an appeal being filed.