General Assembly and Council Meeting
  セミナー及びワークショップ I& II は、全参加者が出席できます。また、委員会の傍聴も可能です。
Our 6 standing Committees will, in addition to receiving and discussing reports from the jurisdictions in the Asian region where there are APAA members, also discuss special topics of current interest and developments in WIPO.
ワークショップ I:Where Are We on Patentability of Computer Software and Business Methods(コンピュータソフトウェアとビジネス方法の特許性に関する検討)

The debate on whether there should be a technical contribution for an invention to be patentable goes on. The European and American views are diametrically opposite to each other but with equally convincing reasons from their own perspectives. The question is particularly relevant in relation to the patentability and enforcement of computer software and business methods for multi-national companies and conglomerates which possess such inventions in the places where they operate or conduct their business. It is also very important to others doing business with or in competition with them whether in or outside of the jurisdictions where such inventions are protected by patens.

A direct confrontation between practitioners from the two camps is brewing. Rather than being just spectators, as advisers to our clients, let us take the opportunity at the forth coming workshop to extract valuable guidance from the experts on how to steer these different and difficult waters.

ワークショップ II:Trademark Usurpation, Cyber Squatting and Abusive Company Name Registration(商標の横取り、ドメイン名不法占拠、及び会社名登録の濫用)

With the explosive development of advertising and e-commerce in recent times, the use of company names and domain names to identity a business competes with the traditional function of a trade mark to identify the source of the goods or services. The position has become acute when the public perception of what rights a business name, domain name and trade mark respectively confer on its proprietor or registrant has become increasingly blurred. This has opened up a fertile ground for dispute amongst genuine trade competitors as well as sophisticated infringers to cultivate their questionable activities. The systems for registration of company names, trade marks and domain names are all exposed to abuse.

"Someone has snatched my trade mark!" "Why can others register a company with my trade mark?" "When I try to register a domain name for a website to market goods of my own brand online, I was told that the intended domain name is no longer available. I am very annoyed!" These statements sound familiar.

A distinguished panel of speakers will provide you with their insight on the types of issues iinvolved, possible ways to deal with these problems and the likely trend of things to come.

INTA and APAA Joint Forum on Alternate Dispute Resolution(裁判外の紛争解決手段に関するINTA(International Trademark Association)とAPAAのジョイントフォーラム)

Along with international trade and commerce, intellectual property disputes have become multi-national in nature with the activities in question striding across jurisdictions.

The procedures in many legal systems have been criticized as being too slow, too expensive, too complicated and too susceptible to abuse.Intellectual property cases which often require a high degree of specialist knowledge and expertise on legal procedures, cross jurisdictions are testing the efficacies of judicial systems to the limit. Reforms have taken place in some countries to address these concerns but with limited success. Other methods of dispute resolution, notably arbitration and mediation have grown in importance as an aid or alternative to litigation. Their advantages include (a) preservation of confidentiality (b) parties retaining control of the resolution process (c) continuity in existing business relationships (d) easy enforcement and (e) providing a level playing field to the parties without regard to their resources.

We are proud to have experts from the INTA and APPA to share with us their observations on the latest trend and practical guidance as to how best to use ADR as a tool for solving complicated IP disputes.


©APAA Japan Group