CONFERENCE PREVIEW: AIPPI
would not be protectable unless you can prove it is either a novel technology or provides a real life eff ect.”
Beem, who will pay close attention to the popular smartphone game, Angry Birds, says patent protection in this context is one of the biggest problems currently facing rights holders.
“In my view, whether these games have a technical eff ect is one of the biggest questions facing patent law right now,” Beem said.
“T ere is a lot of debate in the US on the purpose of patents to promote the progress of useful arts. T ere has to be an incentive and reward for inventing and for disclosing technology.
“However, what is oſt en happening is that inventors are discouraged from making new inventions because they see that computer programs are excluded from patent protection unless these requirements of a real life eff ect or novelty value can be met.
“I will be going through a bit of history focusing on how computers were viewed back in the 1970s compared to how they are now and assessing whether these games can have a technical
Keep it secret
“COMPUTER PROGRAMS ARE EXCLUDED FROM PATENT PROTECTION UNLESS THESE REQUIREMENTS OF A REAL LIFE EFFECT OR NOVELTY VALUE CAN BE MET.”
eff ect. My contention, which I will argue to the conference, is that as time and computer programs have moved on they should be eligible for patentability, and we should see a revision in the laws. T ey create confusion and discourage examiners from granting patents.”
T e workshop, which will also feature talks from Angry Birds creator Rovio, and speakers from South Korea and Finland, will assess what parts of a digital game are copyrightable and whether characters be protected.
A second key feature of the conference will be on the law surrounding trade secrets and whether its current status can provide an eff ective form of protection.
Trade secrets are regarded as IP under the TRIPS Agreement, which provides a minimum regime for protection. It is down to the 158 member states to ensure eff ective protection.
Until now, protection has been a matter of national law throughout the world, which varies widely, but we may be on the verge of a change. T e workshop will discuss the best practices developed in individual jurisdictions and views on the way forward with regard to harmonisation and legislation.
On Saturday, September 7, lawyers and attorneys from China, US and Brazil will discuss the status of trade secrets in each jurisdiction and address further problems.
Elisabeth Kasznar Fekete, attorney at Kasznar Leonardos IP in Sao Paulo, Brazil, will be assessing how the situation has evolved and could be improved in her country.
154 World Intellectual Property Review September/October 2013
www.worldipreview.com
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