NEWS ARCHIVE

2017

INTELLECTUAL PROPERTY WITHOUT BORDERS - THE THEME OF AIPPI IN MILAN

AIPPI (The International Association for the Protection of Intellectual Property) is the world's leading organization for the development and improvement of the regulatory framework that protects intellectual property rights.

Maria Zamkova and Petter Rindforth of Fenix ​​Legal participated in the reports and discussions at the recently concluded World Congress in Milan, Italy, September 16-20, 2016.

The congress focused on new technology and how both business companies and authorities/IP-offices should adapt to strengthen protection. Examples are patentability of computer implemented technologies, how patent information can be kept secret in a legal process, how to speak freely about parody from a copyright/trademark point of view, and copyright protection vs linking and making objects available on the Internet.

Director General WIPO Francis Gurry said that it is not possible to prevent the work of the legal coherence of the world and described the existing and future agreements on bilateral and multilateral agreements.

Another highly interesting presentation was made by the EPO President Mr Benoît Battistelli, who informed on the ongoing work to bring down the huge backlog in patent management. EPO's experts will deal with 90000 patent applications in 2016, a sharp increase from the 68400 patents in 2015. Mr Battistelli assured that the processing time will be shortened dramatically, without compromising on quality.

FRAND IS OUR FRIEND

FRAND, a fair, reasonable and non-discriminatory licensing agreement is a licensing obligation that is often required by standards organizations for members that participate in the standard-setting process.

Not everyone on the market accepts FRAND. The Free Software Foundation for example states that “FRAND is a FRAUD”, as it discriminates against free software, “which is neither fair nor reasonable”.

However, the fact is that FRAND is a fantastic opportunity to make it easier to develop global standards to keep the price down for the final customer as well as open up new technology.

Maria Zamkova, CEO of Fenix Legal, describes in the latest issue of WIPR - World Intellectual Property Review, that FRAND is not fraud; it’s our friend.

GÖRAN MARBY FROM SWEDEN ICANN’s NEXT CEO. FENIX LEGAL REPORTS FROM ICANN IN MARRAKECH

The Internet Corporation for Assigned Names and Numbers (ICANN) held its 55th public meeting in Marrakech, Morocco, March 5 – 10, 2016.  As usual, Maria Zamkova and Petter Rindforth from Fenix Legal were actively participating in several working groups, and also personally welcomed ICANN’s upcoming President and CEO, Mr Göran Marby – currently Director-General of the Swedish Post and Telecom Authority (PTS).

Petter Rindforth, co-chair of the working group dealing with curative rights protections for, especially, Intergovernmental organizations (IGOs), such as United Nations and the European Union, and member of the Policy Implementation IRT – IGO/INGO Identifiers Protection, continued the active efforts to find international legally functional solutions in order to ensure these organizations special status and needs in a safe Internet.

The last day of the meeting, the ICANN board submitted to the U.S. National Telecommunication and Information Administration (NTIA) a plan with a comprehensive package to transition the U.S. Government's stewardship of the IANA (Internet Assigned Numbers Authority) technical functions to ICANN, also including new ways to enhance ICANN's accountability as a fully independent organization.  The U.S. Government will now review the package to ensure that it meets NTIA's criteria. If approved, implementation of the plan is expected to be completed prior to the expiration of the contract between NTIA and ICANN in September 2016.

ICANN's outgoing President / CEO, Fadi Chehade, was satisfied with the result and was sincerely moved when he thanked all active ICANN stakeholders at a special farewell dinner, to which Maria Zamkova was invited.

THE RIGHTS PROTECTION MECHANISMS

– ARE YOU SATISFIED?

The Internet Corporation for Assigned Names and Numbers (ICANN) held its 56TH PUBLIC MEETING IN HELSINKI, FINLAND, JUNE 27 – 30, 2016. This was the first time the “Internet's governing body” tried its new "Meeting B" strategy, which was completely focused on active working meetings between different groups of interest. It was also the first time that ICANN's new President and CEO, Göran Marby, led the conference. Maria Zamkova and Petter Rindforth from Fenix ​​Legal participated in various working and discussion groups.

A main part of the work was focused on the review of the various systems to strengthen trademark protection on the Internet, including dispute resolution systems.

A special working group (WG) is being chartered to conduct a review of all RPMs in all gTLDs in two phases:

Phase One will focus on a review of all the RPMs that were developed for the New gTLD Program, i.e.: the Trademark Clearinghouse and associated notification and sunrise mechanisms, the Uniform Rapid Suspension procedure, and the Post-Delegation Dispute Resolution Procedures. Phase Two (planned to start at the beginning of 2018) will focus on a review of the Uniform Dispute Resolution Policy (UDRP).

The goal is for the WG is to consider the overarching issue as to whether or not all the RPMs collectively fulfill the purposes for which they were created, or whether additional policy recommendations are needed, including clarifying and unifying the policy goals.

Of course Fenix Legal is actively participating in this work, which result will then be valid for at least 10 years thereafter.

BREXIT – WHAT IS THE NEXT STEP?

As you know, the United Kingdom (UK) has voted in a Referendum to leave the European Union (EU). The remaining EU states wants a quick solution, whereas the new UK prime minister Theresa May has indicated that she will wait until after new year to trigger Article 50 of the Lisbon treaty (stating that any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements). That is the start of a two year negotiating/withdrawal procedure. Until the end of this two year period, there will be no legal changes when it comes to patent, trademark or design protection. However, the question is what happens thereafter and how to prepare already today.

Will the UK ratify the Unified Patent Court Agreement (coming into effect 2017) before leaving the EU, to allow the system to come into operation, and then try to negotiate staying in the Unitary Patent system as part of its exit from the EU? And will EU accept such external member of the system? 

Also, after the effectual withdrawal from EU, protection for trademark and designs have to be filed at the local national UKIPO.EU has however already asked the UK government to make arrangements for EU trademarks, Community Designs and similar EU based IP protections to continue to have effect in UK also after the withdrawal. How that is going to be in practice is something to be solved within the upcoming two years.

And in the meantime, maybe Scotland declares its independence and applies to be a new EU member…

ARTIFICIAL INTELLIGENCE (AI) – NO LONGER SCIENCE FICTION

FENIX LEGAL’S ARTICLE IN WIPR 2016, JANUARY/FEBRUARY ISSUE

AI has become an essential part of the technology industry, including logistics, data mining, medical diagnostics and intelligent personal assistants in smartphones, and will have an increasing impact on our everyday lives. 

Maria Zamkova, CEO of Fenix Legal, describes in the latest issue of WIPR - World Intellectual Property Review, how Sweden has become very active on this topic and how it is protected.