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Your ref:
Our ref: AIPPI/2007

Date: 22 March 2007

AIPPI
2007 REPORT

1. Participation in Questions 2006

The Malaysian Group participated in the following scientific works in response to the following questions:

Questions

Prepared by

Q189 Amendment of patent claims after grant (in court and administrative proceedings, including re-examination proceedings requested by third parties)

Ms Zaraihan Shaari

Q190 Contracts regarding Intellectual Property Rights (assignments and licenses) and third parties

Ms Chew Kherk Ying

Q191 Relationship between trade marks and geographical indications

Ms Liew Shie Yin

Q192 Acquiescence (tolerance) to infringement of intellectual property rights

Mr Tai Foong Lam


Questions

Prepared by

Q180 Content and Relevance of Industrial Applicability and/or Utility as Requirements for Patentability

Ms. Jyeshta Mahendran

Q 166 Requirement of Indicating the Source and/or Country of Origin of Genetic Resources and Traditional Knowledge in Patent Applications

Mr. Wong Sai Fong and Ms. Zaraihan Shaari


2. Patent Litigation Seminar ??15th March 2006

On 15th March 2006, the AIPPI Malaysian Group held a seminar entitled ??n Update on the Trends in Patent Litigation??at the Secretariat c/o Shearn Delamore & Co. The speakers involved were Mr Manjit Gill from U.S. firm Becker & Poliakoff, Mr Wong Sai Fong from Shearn Delamore and Mr Gerald Samuel from Miranda & Samuel. At the beginning, Mr Wong Sai Fong illuminated the attendees with his topic ??n Update on Patent Trends in Malaysia?? Following this, Mr Gerald Samuel spoke on the topic ??atent Litigation in Malaysia?? There was an intermission of half an hour, wherein refreshments were served. Thereafter, Mr Manjit Gill presented his paper entitled ??atent Litigation Update: US Supreme Court?? Consideration of the Extraterritorial Scope of US Patent Law in Research?? The seminar ended with a ??uestion and Answer??session.

3.The Role of IP Courts in Malaysia ??24th May 2006

The AIPPI Malaysian Group held a seminar at the secretariat c/o Shearn Delamore & Co. on ??he Role of IP Courts in Malaysia??on 24th May 2006. Mr Peter Fowler, Senior Counsel from the Office of Enforcement USPTO spoke on the topic ??he Global Experience with IP Courts?? whilst Mr Teo Bong Kwang from Wong Jin Nee & Teo expounded the topic ??he Role of IP Courts in Malaysia?? The attendees had the opportunity to ask questions during the ??uestion and Answer??session, which was thereafter followed by a tea break.


4. The First Forum on the Madrid Protocol ??18th July 2006

??he First Forum on the Madrid Protocol??was held on 18th July 2006 at the Royal Selangor Club, Kuala Lumpur. The forum was well-received by IP practitioners, lawyers and Trademark officers from the Malaysian Intellectual Property Office (MyIPO) alike. The President of AIPPI Singapore, Ms Regina Quek spoke on the implementation and practice of the Madrid Protocol in Singapore, its advantages and disadvantages, the experience of practitioners as well as provided statistics of trade mark filings before and after the implementation of the Madrid Protocol. Thereafter, Ms Su Siew Ling, a Malaysian IP practitioner, spoke on the considerations in relation to Malaysia, and the advantages and disadvantages of the Madrid Protocol insofar as Malaysia is concerned.

There was also a panel discussion consisting of Mr John Chong, President of the Licensing Executive Society of Malaysia, Mr Chew Phye Keat, President of the ASEAN Intellectual Property Association, Ms Caroline Francis, representative of Malaysian Intellectual Property Association, and Mr Balasubramaniam, representative of the Bar Council. The panel discussion commenced with each of the panelists giving their views on the Madrid Protocol and subsequently, the panelists took questions from the floor.

The participants were provided lunch at the close of the forum.

5. The Interface between Traditional Knowledge and Intellectual Property ?? 1st September 2006

The Malaysian Bar Council and the AIPPI Malaysian Group jointly held a 1-day conference in relation to traditional knowledge on 1st September 2006 at the Malaysian Bar Council Auditorium. The aim of holding this conference was to develop a better understanding of traditional knowledge, determine who traditional knowledge protects, and understand how IP provides a framework to determine the rights of indigenous people in the traditional knowledge context.

Many distinguished speakers were invited to speak at the conference. Datin Eileen Yen who is the CEO of the Sarawak Biodiversity Centre spoke on ??arawak?? Experience: SBC Traditional Knowledge Documentation Programme?? whilst former judge of the Federal Court of Australia, The Honourable John von Doussa QC spoke on ??egal Protection of Cultural Artistic Works and Folklore?? The chairperson for the session was Yang Ariff Dato??Selventhiranathan a/l Thiagarajah. After the Questions and Answers session, refreshments were served.

In the next session, Professor Gurdial Singh, a law professor from the University of Malaya illuminated the audience with his paper ??raditional Knowledge and IP: Options for Developing Countries?? This was followed by Universiti Teknologi MARA law professor, Dr Lim Heng Gee?? exposition on ??ntegrating the IP System with Rights in Genetic Resources and Traditional Knowledge: The Malaysian Situation and Lessons from Other Jurisdictions?? The chairperson for the Questions and Answers session was Professor Khaw Lake Tee, who is the Dean of the Law Faculty of the University of Malaya.

After lunch, Mr Philip McCabe, a New Zealand lawyer and patent attorney was invited to speak on ??lobal Perspectives: Emerging Issues in Maori Traditional Knowledge?? Mr Niclas Morey, EC-ASEAN IP Rights Cooperation Programme Director then presented his thoughts on the EU position as regards traditional knowledge. Mr Ngan Siong Hing, Chairman of the IP Bar Council Committee was the chairperson of this session. Tea was held after the Questions and Answers session.

Mr Robert Miller, who is an Australian patent attorney and the Assistant Secretary General of AIPPI then went on to give a summary of the proceedings of the Ninth Session of the (WIPO) Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Folklore.

The conference ended with a panel discussion on the future of traditional knowledge in the global economy and the panel consisted of the Deputy Director General (Industrial Property) from the Intellectual Property Cooperation of Malaysia Incorporated, Associate Professor Rohazar Wati Zuallcobley (representing Malaysia), Philip McCabe (New Zealand), the Hon. John von Doussa QC (Australia), Niclas Morey (the EU) and Robert Miller (WIPO).

6. Expo Cintai Malaysia 2006 ??6th ??10th September 2006

The AIPPI Malaysian Group set up a booth at the recent trade fair ??xpo Cintai Malaysia 2006??at the Putra World Trade Centre, Kuala Lumpur, which was held from 6th to 10th September 2006. The Group set out on a recruitment drive to increase the membership of the Malaysian Group and registration forms were circulated to the attendees at the fair. In addition, literature on the aims and objectives of the AIPPI Malaysian Group was disseminated to the public in order to increase the awareness on the importance of protecting one?? intellectual property. Members of the Executive Committee of the Malaysian Group were present on all days of the said expo.

7. Participation at Congress Gothenburg, Sweden 2006

This year the Malaysian Group was represented by 5 members at the ExCo and congress. This was a record.

_________________________

PRESIDENT

MS. KAREN ABRAHAM

 
 
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