07-08 April 2016, Istanbul/ TURKEY
Taking into the consideration the increasing importance of the intellectual property rights and the problems encountered in practice in recent years, the seminar program featured the following topics: “3D Printing Technology and its reflections on Intellectual Property Law”, “Parallel Importation and its reflections on Intellectual Property Rights and Anti-Counterfeiting”, “Extreme Limitations on Performance of Intellectual Property Rights”, etc.
3D printing clearly involes some challenges with regard to intellectual property rights. The speakers focused on how does the 3D printing work, as well as highlighted the new opportunities and challenges that it brings.
It is clear that existing IP rights can potentially be invoked where a 3D printed item is concerned. A patent is infringed when a functional article is made without the license of the patent holder. A registered design is infringed where an article is made without the license of the owner of the design provided that the article is identical or substantially similar in overall impression to the registered design. So any party engaged in copying using 3D printing is potentially at risk of patent, registered design or trademark infringement. Therefore, with any new technology, intellectual property protection and enforcement must be reviewed in the context of the new technology and its accessibility to the general public.
One of the challenges of modern society of electronic devices in respect of granting IP rights is patenting of computer related objects, which gives us computer implemented inventions. Patent legislation of the EU, Germany and Turkey was considered and, as it is known, the most common clause of law concerning the matter is that “…mathematical methods, schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers…” cannot be patented. However, inventions partly connected with software could be a subject of patentability.
Speakers have demonstrated some of the patents infringement cases as to computer implemented inventions and shown some of the Court decisions on patentability of these inventions. Related cases requires careful consideration of claims wording and possibility to determine the technical background of invention.
The conference also saw the presentations on parallel import (import of the non-counterfeit product without the permission of the intellectual property owner). Parallel importing is based on concept of exhaustion of intellectual property rights. Once a product has been sold by the IP owner or by others with the consent of the owner, the IP right shall be deemed to be exhausted, which means that right holders lose the right to control the resale of the protected goods. Parallel import leads to price drops and is a source of headaches for IP owners and their authorized local distributors. Therefore, the IP owner should be creative when fighting parallel imports (by developing a strong distribution strategy, record the IP objects into the customs register, monitor the market, etc).
The participants of the seminar also had an opportunity to see the mock trial, held with the participation of Turkish and foreign judges, attorneys at law, and patent attorneys under the subject of “Computer Implemented Inventions”, as well as to listen a panel discussion related to “Resolution Advises Related with Constitutional Court’s Revoke Decisions on the Study of Intellectual Property to Become a Law in Turkey”.
The 4th Intellectual Property Rights Seminar was held in the Istanbul Yildiz Palace/Chalet Kiosk Assembly Hall. Yildiz Chalet and the other kiosk in Yildiz Park were opened for visiting during the seminar. Yildiz, the last residence of the Ottoman sultans, was built by Abdulhamit II at the end of the 19th century. The Şale (Chalet) is the largest and the most exquisite of the buildings existing in the complex, revealing the luxury in which the sultans lived.
It’s worth mentioning that the seminar gathered Judges, Public Prosecutors, Attorneys at Law, Patent and Trademark Attorneys, which allowed to create a perfect environment for exchanging views and experience.
The 2-day seminar was closed by the Gala dinner on the boat offering a unique view of Bosphorus. The participants had a great opportunity to share the news and recent insights from their practice, while enjoying the beauty of Istanbul at night.
The IPR GROUP attorneys would like to express their appreciation to the organizers for a well-organized event. The participation in the 4th Intellectual Property Rights Seminar (AIPPI) allowed to discuss the recent IP challenges as well as to become aware of the latest trends and, therefore, to reach a new level of knowledge and proficiency.