Participation in AIPPI World Congress in Milan
On September 16 to 20, 2016, Chief Judge Ryuichi Shitara of the IP High Court participated in the AIPPI (International Association for the Protection of Intellectual Property) World Congress held in Milan. At the AIPPI, the World Congress make a resolution for globally harmonizing legal systems concerning the intellectual property of each country after committees comprising members from various countries consult with each other and submit their opinions. The World Congress this time was held with the attendance of approximately 2,000 lawyers and patent attorneys from all over the world.
At the World Congress, participants discussed the criteria for determining conformance to the support requirement in amending patent applications in the plenary session, and many forums, lunch sessions, and other meetings were held.
Chief Judge Shitara, as a panelist, participated in the lunch session entitled “Judges’ Session”, in which more than 500 people participated, and explained the actual situation of patent litigation in Japan under the theme of utilization of experts’ opinions in patent litigation, with Dr. Massimo Scuffi, Director of the District Court of Aosta of Italy; Walter Kelly, former judge of the United States District Court Eastern District of Virginia; and John Nicholas, judge of the Federal Court of Australia. Chief Judge Shitara gave an explanation on the judicial research officials system and technical advisors system and an explanation on the details of an explanatory session. He explained that in Japan, experts’ opinions are sometimes submitted, but unlike the United States and Australia, expert witnesses are hardly examined.
He also explained that there is a system concerning expert opinion for the calculation of damages and the experts are utilized under this system.