Interview – Luis Felipe Maciel da Silva
Luis Felipe Maciel da Silva, one of our patent specialists, was selected by the Japanese Patent Office – JPO and the to attend the JPO/IPR Training Course for IP Protection Lawyers, which took place from November 26, through December 12, 2018. Please read the interview where he speaks a little about the experience.
What is the JPO/IPR Training Course for IP Protection Lawyers all about?
Since 1996, the Japanese Patent Office (JPO) has started offering courses, such as the Training Course for IP Protection Lawyers, to provide support for the development of human resources, while reinforcing the importance of intellectual property (IP) in developing countries (such as Brazil and India) in the current global economic scenario.
Despite being titled as “JPO/IPR Training Course for IP Protection Lawyers,” the target audience for this course usually comprises judges, prosecutors, patent specialists, intellectual property agents, and intellectual property lawyers.
Specifically in relation to its 2018 edition, the course in question included 26 participants from countries other than Brazil, including Cambodia, China, India, Indonesia, Malaysia, Laos, Myanmar, Mexico, the Philippines, Thailand and Vietnam.
In its 2018 edition, the course sought to deepen the participants’ understanding of intellectual property by presenting and discussing national cases, and comparing each different country’s intellectual property laws. The classes were taught in English and Japanese (with simultaneous translation into English), addressing several important topics related to the current IP scenario, as well as essential technical fundamentals such as: drafting of patent applications, analyzing patentability requirements, interpreting cases involving patent infringement, and transactions and agreements involving IP matters.
Considering the importance of disseminating the culture of asset protection and commercial exploitation of the technologies developed in the country, and the awareness of the rights of third parties, the theme that was highlighted throughout the 2018 course edition was the approach to methods for analysis of infringement of IP rights (i.e. the analysis of the scope of protection applicable to patents) as well as several practical cases of infringement.
How was the application/selection process?
The application process for the 2018 edition was initially conducted by the Brazilian Association of Industrial Property Agents (ABAPI) and the Brazilian PTO (the Brazilian Patent and Trademark Office), through the filling of specific forms.
In order to be eligible, the candidate had to fulfill several requirements, such as having a higher education diploma, working in the IP field, holding considerable knowledge of IP, as well as having at least 3-year experience in the field and sufficient knowledge of the English language to be able to attend lectures, discuss cases and prepare reports before and during the course.
After fulfilling all the requirements established by the JPO, a first selection of the candidates was carried out by the ABAPI, a second selection was made by the Brazilian PTO, and then a third and last selection made by the JPO.
How useful was the course?
The question regarding the usefulness of the course is based on the fact that it is implemented and administered by an international patent office. However, it is immediately answered by the fact that in addition to the discussions on administrative procedures for patent applications with the JPO, and discussions regarding court proceedings, comparisons were made with legislation from other countries, thus enhancing the technical knowledge of the participants and making it possible to consider effective alternatives not previously envisaged for the granting of a patent.
Therefore, in relation to the 2018 course, it can be said that it was extremely useful to deepen the knowledge about IP, and to learn how each country deals with the subject in question.
In addition, one of the greatest benefits was getting to know and understand IP professionals from different countries. By better identifying the culture of these countries’ professionals, as well as the way in which they work, such understanding helps us to further improve the quality with which we deliver our services, thus strengthening our professional ties and our representation in the international market.