Search results - found 57
One step forward, two steps back: examining stem-cell patenting (Market intelligence)
Superman actor Christopher Reeve broke his spine after falling from a horse and never regained the use of his lower limbs. Until his death, he vocally supported research into stem cells for the treatment of various neurological diseases. Since the early 1990s advances in stem-cell technology have raised hopes for new approaches to the treatment of serious, previously untreatable diseases. In particular, progress has been made towards promising treatments for diabetes, heart disease and neurological diseases such as Parkinson’s.
The proposed UPC regime explained (Market intelligence)
The most far-reaching patent reform in Europe ever the establishment of the Unified Patent Court (UPC) and the creation of the unitary patent is a done deal with the relevant EU bodies and is undergoing national ratification. The exact date of entry into force of the new regime is still unknown, although mid-2015 seems realistic. As the launch of the new system approaches, executives and IP attorneys would be well advised to start reconsidering certain strategic perspectives for risk management and patent creation.
Protecting software and computer-implemented inventions in Europe (Market intelligence)
A patent is generally considered to be the gold standard of intellectual property, potentially offering true monopoly protection for a broad inventive concept. Although copyright is also important for software, its value has been reduced by recent European Court of Justice judgments that copyright does not extend to ‘look and feel’ or command syntax.
The new Technology Transfer Block Exemption Regulation (Market intelligence)
One of the key elements in many businesses and industries is the transfer of technology. It is generally accepted that this enhances economic development and benefits consumers as well as other market players. A transfer of technology helps to disseminate innovation and allows companies to integrate and use complementary technologies to which they might otherwise have insufficient access.
Key IP issues in outsourcing (Market intelligence)
The idea of outsourcing has existed for hundreds of years. Outsourcing occurs when a firm allocates responsibility for an internal business function to an external service provider; it is used as a strategic management option, rather than just a cost-cutting measure. Potential targets for outsourcing include: information technology; business processes; manufacturing; data centre management; application management; human resources and/or selected human resources functions; and customer service/call centres.
Trademarks and the Internet (Market intelligence)
The Internet is a powerful tool and marketplace, and is evolving at a rate that requires businesses to adapt quickly and effectively. This can give rise to a whole host of legal issues which companies need to consider. Often the law does not move as fast as the online environment, so IP strategies need to be reviewed regularly to ensure that your business has taken all necessary steps to protect its goodwill, ensure its ability to trade, be in a position to react to competitors and tackle those that seek to exploit its intellectual property.
Eligibility of software and business methods in the United States, Europe and Asia (Market intelligence)
Software and business methods are a crucial component of the world’s innovation-driven economy. However, patent protection for these intellectual assets has proved controversial and remains subject to considerable variations between jurisdictions. This chapter examines the patentability of software and business method patents in the United States, Canada, the European Patent Office (EPO) and several Asian jurisdictions. Our findings are summarised in the table below and are discussed in more detail in the jurisdiction-specific sections that follow. Many of these jurisdictions exclude software and business methods as such from patent eligibility, but under certain circumstances discussed below, some patent protection remains available for these inventions.
Repurposing content and copyright bouquets that become brickbats (Market intelligence)
‘Content repurposing’ is defined in various ways. One online commentator describes the term as a potential entrant to the 2013 Hall of Fame for digital buzzwords. Online platforms describe it as taking raw materials and presenting them in a different way or taking a finished product and repackaging it to suit alternative media (eg, converting visuals and blog posts into presentations, or transforming data into a form that serves a different function).
Luxury brands in the digital world (Market intelligence)
Counterfeiting is a global, multibilliondollar problem that has serious economic and health ramifications for governments, businesses and consumers. Counterfeiting is everywhere. Sales of counterfeit goods now represent around 7% of world trade and the global market for luxury fakes has exploded, especially in the digital world.
Securing evidence across borders in EU patent litigation (Market intelligence)
Technical evidence is often essential for enforcing patents, in particular patents for processes. Accordingly, patent protection in the European Union would be seriously impaired if the borders between member states vanished for infringers, while remaining a barrier against obtaining evidence for rights holders. While this is still the case in certain situations, recent developments have strengthened the position of rights holders.
IP protection: keeping up with developments and raising awareness (Market intelligence)
Over the past five years in Albania, significant legal amendments, government decisions, orders and regulations, and court cases have raised the awareness of Albanian businesses and consumers regarding the importance of IP protection. The Albanian General Directorate of Patents and Trademarks (ALPTO) is responsible for IP protection in Albania. Its activities include: examining and registering industrial designs, trademarks and geographical indications; issuing patents and utility models; preparing draft laws and regulations regarding intellectual property; and representing the Albanian state before the courts, other institutions and international organisations in respect of IP matters.
The IP year for Australia and New Zealand (Market intelligence)
Australia’s Raising the Bar provisions took effect on April 15 2013. Changes to trademark law include shortening the timeframe for opposing accepted trademarks from three months to two. The act also tightened opposition procedures, including a requirement to file a statement of grounds and particulars within one month of filing a notice of intention to oppose. Previously, notices of opposition could be filed claiming all available grounds and did not have to be refined until much later in the process. The practical implication of this change is that opponents now need to think about actual grounds of opposition much earlier.
Ambush marketing and trademark infringement in the Caribbean (Market intelligence)
Ambush marketing is a significant international concern. As a result, many jurisdictions around the world are enacting legislation to protect the commercial interests of the sponsors of major events such as the Olympics, the Fédération Internationale de Football Association (FIFA) World Cup and the Cricket World Cup.
Keeping an eye on the latest IP developments (Market intelligence)
IP filing and enforcement activity in China has continued to increase rapidly over the past 12 months, despite the Chinese economy showing signs of slowing down.
ECJ rules on SPCs and French courts react (Market intelligence)
In 2011 and 2012 the European Court of Justice (ECJ) handed down several important decisions concerning the interpretation of the EU Regulation on Supplementary Protection Certificates (SPCs) for Medicinal Products (469/2009). One such decision, Novartis v Actavis, clearly replied to questions referred to the ECJ for preliminary ruling. In contrast, the Medeva decision and the orders that adopted the grounds for that decision (in particular, University of Queensland and Daiichi Sankyo) have been considered by interested parties to be imprecise. Rather than clarifying the SPC system, these decisions have had the opposite effect.
Contribution of IP rights to economic performance in Germany: a prototype? (Market intelligence)
IP practitioners have known this for a long time, but it is now official: IP rights, particularly in Germany but also in the European Union as a whole, are one of the most important contributing factors to the economy.
Implementing the new trademark law: practice versus theory (Market intelligence)
Over the past 12 months, Greece has been in a period of transition in terms of trademark law. As discussed in the Greece chapter of IP Value 2013, last year the government passed the long-awaited new Trademark Law (4072/2012), which came into force in October 2012. Since then, the Trademark Office has been taking the necessary steps in order to implement the new provisions. This chapter examines whether these steps have been adequate, and whether the trademark procedure has been updated and modernised to the extent expected and needed or whether there is still a long way to go.
Designs: complicated because they are simple? (Market intelligence)
“Design can be art. Design can be aesthetics. Design is so simple, that’s why it is so complicated” Paul Rand
Apple v Samsung: enforcing a standards-essential patent after a FRAND declaration (Market intelligence)
Apple and Samsung, the two leading global manufacturers of smartphones, have been at war worldwide regarding the patents in their smartphone and tablet devices. In Japan, the two companies have taken various types of legal action against each other: according to media reports, as of June 2013 six suits and 17 provisional disposition cases were outstanding between them, and three cases had been adjudicated (of these, Apple won two and lost one). This chapter looks at one such case, adjudicated by the Tokyo District Court on February 28 2013 (Case 38969 (wa), 2011), which is significant for IP practice in Japan.
Co-ownership in Mexico: navigating in the open innovation arena (Market intelligence)
The increase in open innovation and the need for collaboration in the business and scientific environments have led to a growing need to deal with co-ownership. Some legal systems have clear co-ownership rules that are specific to IP rights. However, in Mexico intellectual property is dealt with under the general rules applicable to all types of property, meaning that at times the provisions are not as clear as they could be, considering that the majority of the laws are designed to deal with tangible property rather than intangible assets such as IP rights. Therefore, the laws must be interpreted in terms of the unique features of IP rights. This chapter examines such interpretation in the context of IP-based business transactions.
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