Technical Symposium to Address Access to Medicines, Patent Information and Freedom to Operate

Geneva, January 27, 2011MA/2011/57
The second in a series of joint - technical level - symposia organized by the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) will be held at the WHO on February 18, 2011. This meeting, which will be opened by the Directors General of the three co-organizers – Mrs. Margaret Chan, Mr. Francis Gurry and Mr. Pascal Lamy – will be preceded on February 17, 2011 by a workshop at WIPO on patent searches and freedom to operate.
The symposium on Access to Medicines, Patent Information and Freedom to Operate will address the growing importance of patent information for public health in the fields of freedom to operate strategies, procurement of medicines, technology transfer, and setting of research priorities and strategies. The event will raise awareness and provide insights on the availability and use of reliable patent information in the context of ensuring access to medicines. This follows a Technical Symposium on Access to Medicines: Pricing and Procurement Practices organized by the three organizations last July.
The objective is to highlight the importance of easy access to patent information for providing access to medicines; to show how patent information can be used in determining the freedom to operate for improving access to medicines; to explore what kind of patent information is required for this purpose; to explore to what extent this information is available and accessible; and identify information gaps that need to be addressed.
Participants are expected to be Geneva-based delegations to the WHO, WIPO and WTO, representatives of international and philanthropic organizations, experts on patent information, civil society organizations, and industry representatives that work with or are interested in learning more about health-related patent information. The symposium forms part of the on-going trilateral cooperation between the WHO, WIPO and WTO, which includes the implementation of the WHO Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property.
In addition, on February 17, 2011 a Workshop on Patent Searches and Freedom to Operate will be held on the basic concepts of patent searches and freedom to operate analysis.

News from the Patent Office of China

Peanut Milk Patent is a Tough Nut to Crack
A man in Suizhou, Hubei province, sued the State Intellectual Property Office (SIPO) for 5.4 billion yuan ($813 million) in compensation after it neglected to respond to an application he filed for a patent 15 years ago and then told him it was out of date.
Gong Baogui submitted his application for a patent on peanut milk production in 1995. He heard nothing afterwards and when he finally pursued the matter, the SIPO formally dismissed the case in February 2009 because the application was out of date.
He took the SIPO to court in 2010, demanding 1 billion yuan in compensation. The judges ruled in favor of the SIPO. He then decided to appeal against the decision, raising the amount of compensation to 5.4 billion yuan.
An appeal trial opened on Jan 6. The SIPO argued that a dismissal notice was issued on Sept 29, 2009 after Gong failed to respond to an earlier letter, dated June 8, 2009, regarding the application processing fee. The file on Gong's application was subsequently destroyed after he did not reapply for a patent within two years of the initial dismissal notice.
In reply, Gong said the notices were mailed to an address in Shanghai, while he resides in Hubei province. He claims the SIPO should be held accountable for mishandling his case.

Adidas Awarded 200,000 Yuan in Trademark Similarity Case
On January 4, 2011, Guangdong Dongguan Intermediate People's Court entered a firs-instance judgment on the Y-3 trademark case between Adidas and EXXEL International Group and Dongguan Advanced Material Company, ordering the two defendants to cease producing and distributing infringement products, delete relevant websites and pay Adidas 200,000 yuan in damages.
Adidas is the operator of Adidas products, and it registered several series of trademarks of Y-3. On April 2009, Adidas found a travel bag marked with Y3 trademark, and discovered its dealer is EXXEL. Adidas held that the two companies' action of using Y3 on products and websites constituted trademark infringement on the ground of its similarity in pronunciation and visual recognization.
The court held that the products in question are similar in function, use, target consumers and distribution channel. The defendants' acts of using both Y-3 and Y3 trademark on the package are enough to mislead and confuse consumers. So ordered.

China's Customs Seize Counterfeit Products Worth 120 Million Yuan
China's Custom has seized 2,153 patches of 38.36 million infringing cargos with 120 million yuan in goods value since the launch of the special campaign on IPR infringement, counterfeiting and piracy, according to the latest statistics released by the General Administration of Customs.
The Customs nationwide have made great progress in enforcement efficiency by waging inspection, taking tips or complaints on IPR infringement and stepping up administration enforcement. Hangzhou Customs, from October 2010, investigated eight cases and seized 10,924 tablets infringing IPRs of Viagra via post channel with the value of 546,000 yuan, seized some sport shoes in export investigation with a value of 760,000 yuan. Xiamen Customs, in November 2010, checked some CD/DVD players which were declared for export by a Shenzhen-based trading company, and found 9.7134 million cigarettes marked with Marlboro trademark, with 6.33 million yuan in goods value.

Use of Licensed Software in Chinese Companies Soars
China has achieved notable results in licensed software application, and the proportion of use of licensed software in Chinese companies soared. As of November 2010, 17,592 companies fared well in running only licensed software on their computers, 11,625 of which go legitimate in software use. State-owned companies continue to take the lead in using licensed software, according to the National Copyright Administration.
Among the 11,625 companies cleared for compliance, 129 are state-owned companies and 100 subsidiaries of theirs.

News from the Japan Patent Office

JPO begins campaign to eradicate counterfeited and pirated goods
The Japan Patent Office (JPO) is carrying out a “Counterfeited and Pirated Goods Eradication Campaign,” begun December 10, 2010, to raise consumer awareness of counterfeit and pirated goods. In recent years, the circulation of counterfeited and pirated goods through the Internet has been on the rise. This campaign seeks to introduce the reality and the harmful results of the damages incurred by consumers who casually purchase counterfeited and pirated goods by Internet shopping and other means, and thereby deter purchases of such goods. The campaign’s website carries damages reports, “Gallery of Fakes,” analysis of intellectual property rights, and other information. Visitors can experience a simulation of the damages purchasers of illegitimate goods may incur.

American company Amazon acquires patent for a service allowing people to refuse unwanted gifts and select other ones
People do not always like the gifts they are given. In response to this dissatisfaction and distress, the American online retail giant Amazon acquired a patent on a service allowing people to return and exchange gifts before they receive them. The service notifies the gift recipient by e-mail of who ordered the gift, contents of the gift, and other information and asks whether or not the recipient will receive the gift as ordered. Some have objected to the idea of returning gifts before they are even received (December 29, 2010).

China-Japan talks on distribution to begin in March; trademark registration rules and other topics on the agenda
The Chinese and Japanese governments have begun to make the final adjustments for “discussions for interaction,” to be held in Beijing in March 2011, regarding the challenges of goods distribution between the two countries. Registration of trademarks and deregulation in China, as well as other topics, are expected to be the main themes of discussion. The Japanese government wants to support the development of Japanese corporation’s business in China through these discussions.

Sony files against LG Electronics over patent infringement in smartphones—US news
According to Bloomberg’s report, Sony filed patent infringement claims with the United States International Trade Commission (ITC) against LG Electronics, seeking an injunction against LG Electronics’ sale of cellular telephones in the United States on December 28, 2010, US time. Bloomberg reports that Sony is suing because LG’s cellphones may be infringing upon Sony patents.

JPO to decrease examination request fees by 25%
It became known that the Japan Patent Office (JPO) began adjustments to lower its examination request fees by 25% (January 1, 2011). It will revise the cabinet ordinance and put the changes into effect in the summer of 2011. Because the number of patent applications has dramatically declined through the worldwide economic recession since the Lehman Shock, JPO will lessen the burden on corporations with these reductions and support research and development.

News from the Patent Office of China

Taiwan: First Reciprocal Cross-Straits Copyright Agreement Inked
Writers on the Chinese mainland are expected to collect royalties from Taiwan this year, according to an agreement between the China Written Works Copyright Society and China Audio-Video Copyright Association in Taiwan.
From 2011, the Taiwan organization is authorized to collect royalties from higher learning institutes and copy shops for copying books by mainland writers and file suit against those that do not pay.
It is the first reciprocal cross-Straits copyright agreement.

2011-01-10


Guangdong: Sixth Grader Has 15 Patents, Named to Science Academy
With 15 patented inventions, sixth-grade student Zhuang Yeyang from Shenzhen has been elected a member of the Junior Academy of Sciences.
The juvenile academic's school was also named as a model base for popularizing science.
The academy was founded in 1999 as a nonprofit organization to promote science and technology among teenagers. Thirteen young tech experts received the honor the first year.

2011-01-10


Guangxi: Nanning Authorities Roll up Printer Cartridge Operation
Nanning authorities recently seized equipment and more than 30,000 fake packages to make as counterfeited branded printer cartridges.
The site where packaging materials were made was in the business of printing sales literature and financial documents, according to its business license.
Yet during a recent raid in Guangdong province, packaging for fake Canon printers were found to have been made at the operation in Nanning.

2011-01-10


Chongqing: Fake Yamaha Parts Seized, 10 Suspects Arrested
Fake Yamaha motorcycle components worth more than 2 million yuan ($300,000) were seized at a market in Shapingba district recently and 10 suspects arrested for sale of counterfeits.
The sellers brought in fake parts from varied locations and then pasted on the Yamaha logo for resale.
A true Yamaha muffler is priced at around 300 yuan, yet a fake costs only 60 yuan wholesale.
One of the arrested suspects alone might earn nearly 2 million yuan annually, according to local police.
Not only illegal, the fake parts are also dangerous, said Guo Kunsheng, a local police officer.
"The infringement does damage not only to legal interests, but is also likely to result in road accidents due to inferior quality," Guo said.
The case is now under further investigation.

2011-01-10


Reshuffling China's Online Video-sharing Industry Amid Copyright Protection
Just about two months ago, with a few clicks of the mouse, Chen Ying was able to watch her favorite American TV series, The Vampire Diaries or Gossip Girl, online for free.
Like Chen, an employee of a foreign-invested company in Shanghai, many U.S. TV series fans in China have little choice but to watch video clips online because domestic cable channels do not broadcast copyrighted ones. Some even volunteer to upload clips onto video-sharing websites without any charges.
But now Chen can rarely find such unauthorized online videos of foreign TV series.
In November 2010, the State Administration of Radio, Film and Television (SARFT) announced a ban on any forms of trading and supplying unauthorized foreign TV series.
Along with the ban, the Ministry of Culture launched a six-month nationwide crackdown on counterfeiting in October to halt the theft of intellectual property rights (IPRS) and promote public awareness in IPRS protection.
In response, China's major video-hosting websites, including Youku.com, Tudou.com and Ku6.com, removed unauthorized foreign TV series videos.
A podcastor, using an online name "Xueselaoxie" on the Nasdaq-listed Youku.com, said some 7,000 unauthorized videos of American TV series he had uploaded were deleted by the website in one night.
To fans of foreign TV series, the ban might be a nightmare. But to the country, it was an important step in fighting IPRS infringement, said Li Yongqiang, assistant to CEO of Beijing Baofeng Inc., a provider of online video-hosting service.
Similar regulations were issued earlier. But never had they received as many reactions as did this one, Li said.
"I checked some portals after the ban became effective. Some websites removed all the unauthorized videos of American TV series in just one night," Li said.
"I believe the entire online video-sharing industry had realized the importance of a healthy development environment, and people's awareness of IPRS will be raised," Li said.
Following the order from the central government, many provinces beefed up their efforts in cracking down on online IPRS infringement.
In northeast China's Jilin Province, the provincial copyright administration shut down two websites, o2sky.com and imdj.net, after they were found illegally providing unauthorized videos of South Korean movies.
The ban has resulted in a reshuffle of online video-sharing industry in China, with major domestic websites gearing up to offer copyrighted imports of TV series and films.
Sohu TV offered many copyrighted online videos of American TV series, including Gossip Girl, the Big Bang Theory and Nikita, after signing agreements with Warner Bros..
Youku.com signed agreements with three major South Korean TV stations - MBC, KBS and SBS. It has also purchased rights from Warner Bros. to stream the hit movie "Inception," and charged five yuan (about 75 U.S. cents) for each view.
Additionally, Tudou.com is trying to produce its own films and TV series.
"From website operators to video producers, content copyright has become more crucial to the survival of video portals," said Li Shanyou, CEO of Ku6.com.
"It's good to protect IPRS, but I would still like to watch the TV series online for free," said Cui Shan, a citizen of Changchun, capital city of Jilin Province.
"Definitely there are markets for foreign TV series or movies in China," Cui said. "I think those websites should import more copyrighted movies and keep offering them at a low price to win markets."
China now has more than 200 million video website users and the market is growing, said Li Yongqiang. More paid online video programs will emerge as the cost of importing authorized films and TV programs rises.
Li said it is likely that video-sharing websites join hands to import copyrighted programs from overseas in order to lower the cost of watching TV series online.
"But after all, the spirit of the Internet is to share resources. So as China's online video industry becomes more regulated, more resources should be encouraged to be shared for free on the Internet, " Li said.

2011-01-10


Agreement Helps Mainland Authors to Collect Royalties This Year
The mainland-based China Written Works Copyright Society (CWWCS) signed a reciprocal agreement with Taiwan-based Chinese Oral and Literary Copyright Collective Management Association (COLCCMA). According to the agreement, from 2011, the COLCCMA will collect royalties from Taiwan's universities and copy shops for duplicating works of mainland authors.
The reciprocal agreement is an importance practice on the IPR cooperation between the two sides, said Fu Zhaoxiang, Board of COLCCMA. The COLCCMA has been a member of IFRRO, and China is ready to sign the agreement of its kind with associations of other countries and regions.

2011-01-06

Baidu Defeats 360 in Unfair
The Beijing No.2 Intermediate People's Court entered the first-instance judgment on the case between Baidu and 360, holding that Qizhi Software (Beijing) Company and Beijing Sanji Wireless Networks Company constituted unfair competition and ordering the two companies to compensate plaintiff for reasonably litigation charge and economic losses totaling 385,000 yuan.
Baidu sued 360 for unfair competition and sought 10 million in damages on August 2010. The court found that the defendant labeled Baidu toolbar and address bar as "malicious plug-in and software" in their 360 website, which the court believed falsely describe the software and misled users to delete. All the above mentioned acts constitute unfair competition. So ordered.

2011-01-06


Hu Jintao Stresses Innovation, SIPO Officials Awarded
On December 27, 2010, a national rally to honor model institutions and individuals that contributed to the successful hosting of the Shanghai World Expo was held in Beijing. Addressing the rally, Hu said that China should use the achievements accomplished from hosting the Shanghai Expo as part of the step-up efforts to assess the world's S&T development trend, foster new industry of strategic importance, vigorously develop clean production and recycle economy, cultivate creative talents, build an innovation-orientate country, facilitate industrial upgrades and promote people's living standard.
SIPO's Promotion and Coordination Department was awarded the one of the institutions contributing to the Expo. SIPO's Design Examination Department's Lin Xiaoyue, Promotion and Coordination Department's Zhu Jing, Patent Management Department's Wang Zhichao were awarded as individuals.

2011-01-06

PCT-PPH (CIPO ISA/IPEA) Pilot Project

January 2011
The Canadian Intellectual Property Office (CIPO) is launching a new Patent Cooperation Treaty (PCT) - Patent Prosecution Highway (PPH) pilot project (commencing on January 31, 2011, for a period of 2 years). As with other PPH initiatives, the pilot project will allow applicants to obtain patents faster and more efficiently. This pilot is based on PCT work products established by CIPO as the International Searching Authority (ISA) and/or the International Preliminary Examining Authority (IPEA).
Where all requirements are met, the applicant can make a PCT-PPH request to CIPO for accelerated examination of a corresponding national phase application (the CIPO application must have entered national phase on or after January 31, 2011).
CIPO's goal is to provide a first action (allowance or first substantive report) for qualifying requests within 90 days. Typically, first actions can take from 18 to 33 months, depending on the specialty. CIPO will also process requests for advanced prosecution under the PCT-PPH (CIPO ISA/IPEA) project free of charge.
Please note that the Office may terminate the PCT-PPH (CIPO ISA/IPEA) project if the volume of participation exceeds a manageable level, or for any other reason (notice will be published if the project is terminated before the identified end date).

News from the US Patent and Trademark Office

NOMINATIONS SOUGHT FOR NATIONAL MEDAL OF TECHNOLOGY AND INNOVATION

Washington – The Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking nominations for the 2011 National Medal of Technology and Innovation. The medal is presented each year by the President of the United States and is this country’s highest award for technological achievement.The Medal is awarded annually to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America’s economic, environmental and social well-being. By highlighting the national importance of technological innovation, the Medal also seeks to inspire future generations of Americans to prepare for and pursue technical careers to keep America at the forefront of global technology and economic leadership.

USPTO Creates “E-mail Hotline” For New Detroit Office Hiring News

Washington – The United States Patent and Trademark Office (USPTO) is streamlining hiring information for people interested in job opportunities at the agency’s new office in Detroit with the creation of an e-mail hotline. All details on job openings, requirements and experience needed, and how to apply will be included in official hiring announcements to be released in the spring. The new mailbox will help the USPTO quickly relay the latest job information to interested members of the public.
Plans for the Detroit office were announced in December by U.S. Commerce Secretary Gary Locke and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office David Kappos. The office represents the first phase of the USPTO’s Nationwide Workforce Program, an effort to hire more patent examiners and seek out additional resources and technical expertise in locations across the country.
The Detroit office will enable the USPTO to draw upon Michigan’s highly qualified workforce to help reduce the backlog of more than 700,000 patent applications. The office location and an anticipated opening date will be announced in the coming months.

Global Anti-Counterfeiting and Piracy Congress to Meet in Paris

Geneva, January 12, 2011
WIPO Director General Francis Gurry will be joined by his counterparts at INTERPOL, Mr. Ronald K. Noble, and the World Custom’s Organization (WCO), Mr. Kunio Mikuriya, as well as France’s Minister of Economy, Mrs. Christine Lagarde, at the opening of the Sixth Global Congress on Combating Counterfeiting and Piracy in Paris on February 2, 2011 to address the question of building respect for IP in a balanced and sustainable way. A number of ministers from around the world are expected to attend the Congress, in addition to other top government officials and corporate leaders.
Hosted by France’s National Industrial Property Institute and chaired by WIPO, the Congress is co-convened by INTERPOL and WCO, in co-operation with the world’s business community represented by the International Chamber of Commerce through its Business Action to Stop Counterfeiting and Piracy initiative, and the INTA. The Congress is being held under the High Patronage of the President of the French Republic.
Under the theme ”Building Respect for IP: Sustainable Solutions to a Global Problem,” discussions at the Global Congress will focus on a balanced approach to combating counterfeiting and piracy, including with a view to underscoring the link between building respect for intellectual property and sustainable development. Overall, the Congress will seek to create a better understanding of the elements underlying the trade in illegitimate goods, and to discuss sustainable solutions to stop it. Discussions will be wide-ranging – from the growing menace associated with internet trade to the role of corporate responsibility in nurturing respect for IP.

Fourth Review of Iceland's Economic Recovery Programme approved by IMF Executive Board

01/10/11
The Executive Board of the International Monetary Fund (IMF) today approved the fourth review of the Economic Recovery Programme agreed by the IMF and the Icelandic government. This opens the way for disbursement of the fourth tranche of the Fund's loan provided to the Icelandic government which amounts to around ISK 19 billion. In addition, financing assurances by the Nordic countries are also expected to be forthcoming following the review.
Upon the conclusion of the review, the Icelandic government sent the IMF a new Letter of Intent, describing Iceland's economic policy. The Letter addresses that an economic recovery is gradually taking hold, apparent by the continued stability of the krona, a declining debt path, and falling inflation. Trade surpluses have allowed authorities to begin purchases of foreign currency to bolster reserves. Recent indicators suggest that demand is slowly picking up, and growth is expected to turn positive in 2011.
The government's economic strategy is based on four main pillars. Firstly, major effort is devoted to rebuilding a solid financial system which can fulfil the needs of household and corporate customers. Secondly, the financial position of the Treasury and the public sector needs to be reinforced. The recently passed budget for 2011 is a key factor and a stronger primary balance than expected will be delivered. In the third place, further steps need to be taken in relaxing capital account controls and determining the outlines of long-term monetary policy. Fourthly, mitigation of household and corporate debt must be ensured with the active participation of credit institutions. New legislation on foreign denominated loans and an agreement between the government, financial institutions and pension funds regarding measures for household debt relief lay the foundation for the debt restructuring that now must be accelerated. Furthermore, an agreement has been reached regarding a new framework for accelerating voluntary debt restructuring of small and medium enterprises. The objectives of the economic programme are to ensure sustainable growth and long-term economic opportunities.
"The approval of the Review is an important milestone," said Árni Páll Árnason, Minister of Economic Affairs. "We appreciate the positive feedback from the Fund regarding the disciplined austerity measures put forth by the government and our handling of economic policy. By accelerating private debt restructuring we pave the way for economic recovery in the coming months and further strengthen the financial sector."

The name of Hungarian Patent Office has changed to Hungarian Intellectual Property Office as of 1 January 2011

By virtue of Act CXLVIII of 2010, the name of the Hungarian Patent Office has changed to Hungarian Intellectual Property Office (HIPO) as of 1 January 2011, in conformity with the Office's wide range of activities, including all titles of industrial property and copyright.
The provisions concerning the competence of the Office have also changed reflecting its extended range of tasks as a result of the amendments. The tasks to be performed by the HIPO cover the registration and supervision of collective rights management organizations. Besides, they cover the contribution to the establishment of a uniform nation brand and the enhancement of the reputation of the typical Hungarian products. The tasks related to the operation of the National Board Against Counterfeiting have now been explicitly regulated by law.
The Act has renewed the opinion-giving body of the president of the HIPO, currently operating under the name of Hungarian Council for the Protection of Intellectual Property, under the new name of National Intellectual Property Council.

Amendments to section 31 of the Trademarks Act – representatives and powers of attorney

The amendments to section 31 of the Finnish Trademarks Act entering into force on 1 January 2011 requires that a trademark applicant or proprietor not domiciled in Finland must have a representative resident in the European Economic Area. At the application stage, it is sufficient to submit a power of attorney authorizing a representative to represent the client in all matters concerning the application. When the trademark is registered, the proprietor of the trademark must however have a representative resident in the European Economic Area who is authorized to represent the client in all matters concerning the trademark and is entitled to receive summons etc. on behalf of the client in all matters concerning the trademark. The power of attorney submitted at the application stage is therefore no longer sufficient for the registered trademark.
When you are filing an application, we recommend that you submit a power of attorney authorizing the representative to also represent you after the registration. No office actions will then be necessary at the end of the processing of your application because of deficiencies in the power of attorney, and the registration proceeds smoothly.

News from the Japan Patent Office

TM view adds data on Bulgarian domestic trademark applications and registrations
TMview added domestic trademark data (application and registration information) for Bulgaria to its searchable database. With the addition of Bulgaria’s domestic trademark data (approximately 79,000 cases), TMview’s stored data includes more than 4.7 million items. What is TMview? TMview is a free online trademark search service offered from April 13, 2010. It offers data for the following countries and organizations: OHIM, WIPO, Great Britain, Czech Republic, Italy, Benelux, Portugal, Denmark, Spain, Slovakia, Slovenia, Estonia, Bulgaria.

China to have world’s greatest number of patent applications in 2011
In the large international information provider Thomson-Reuter’s recently published analysis and research report on intellectual property rights, it was reported that China would surpass Japan and the United States for the number of patent applications filed in 2011, becoming top in the world. At this point, Japan is the world’s foremost in this category. China rose to third place in 2007.

Opponent party of Otsuka Pharmaceutical Co., Ltd. appeals against patent suit regarding Otsuka Pharmaceutical’s “Abilify”
On December 16, 2010, Otsuka Holdings announced that Teva Pharmaceuticals USA and others had appealed the decision of a patent suit which Otsuka Pharmaceutical Co., Ltd . had filed and won in a first hearing on November 15, 2010, concerning the antipsychotic “Abilify”

Nokia sues Apple regarding British, French, and Dutch patents
On December 16, 2010, the world’s largest cellular phone maker, Nokia, again filed suits in Great Britain, Germany, and the Netherlands against Apple for violation of patents in relation to smartphone patents. Nokia claims that Apple products such as the iPhone infringe upon its patents related to touchscreens, noise suppression, and other features.

Greenland will join the international trade mark and design system from 11 January 2011.

Greenland is becoming party to the Madrid Protocol concerning the international registration of trade marks and the Geneva Act of the Hague Agreement concerning the international registration of industrial designs from 11 January 2011.
This means that future international registrations in which Denmark is designated include Greenland.

Entry into force of the Swiss Code of Civil Procedure (CPC) und arbitral decisions

The Swiss CPC enters into force on 1 January 2011 (Harmonizing civil procedure legislation). The new act replaces the 26 cantonal civil procedure legislations. Based on the Concordat of 27 March 1969 concerning arbitration, the third part of the CPC (Art. 353 ff CPC) regulates arbitration cases internal to Switzerland (German BBl 2006 7221, 7240, French, Italian).

In this regard, we remind that the IPI can only enforce arbitral decisions if a certificate of enforceability is produced (PMMBl 1976 I, 9, 10). Pursuant to the new Art. 356 CPC, the Canton of the arbitration court designates a high court which is competent for the said certificate concerning the arbitral decision.