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The year it all changed (Market intelligence)
A study published by the World Intellectual Property Organisation (WIPO) in mid-November 2011 reported that the global IP market is now worth $180 billion a year. According to the World Intellectual Property Report 2011 The Changing Face of Innovation, royalty and licensing fee revenue rose from $2.8 billion in 1970 to $27 billion in 1990, and hit $180 billion in 2009. This is faster than global gross domestic product rose over a similar period. In fact, because the statistics recorded by WIPO only went up to the end of 2009, it is possible that two years later the total may now have hit the $200 billion mark.
NYSE Euronext’s IP challenges (Market intelligence)
NYSE Euronext is a leading operator of financial markets in Europe and the United States and a provider of comprehensive trading technologies. The company’s exchanges trade equities, futures, options, fixed-income and exchange-traded products. NYSE Euronext’s equities markets the New York Stock Exchange , NYSE Euronext, NYSE Amex , NYSE Alternext and NYSE Arca represent one-third of the world’s equities trading and the most liquidity of any global exchange group, with approximately 8,000 listed issues (excluding European structured products) from more than 55 countries. NYSE Euronext recently announced its planned merger with Deutsche Borse which, pending regulatory approval, will expand this scope and create a world leader in equities and derivatives trading.
The current state of innovation in China (Market intelligence)
Since 1949 the Communist government has implemented a series of five-year plans that have guided the development of China from a poor developing nation to the second-largest global economy behind the United States in terms of both purchasing power and, more recently, gross domestic product (GDP). China has just completed the 11th Five-Year Plan for National Economic and Social Development. This plan highlighted innovation as a focus, and the corresponding science and technology plan articulated the country’s goal to become an innovation-oriented society by 2020. Many of the developments of the past five years illustrate how far China has moved towards that goal.
All change at ICANN: domain names enter a new era (Market intelligence)
The Internet has had a major impact on the way in which companies do business. It is an indispensable facility for companies and businesses to share information with customers and clients and to collate and collect feedback and opinions. Companies with a significant online presence, such as Amazon, Google, eBay, Yahoo! and Facebook, are among the most valuable and successful in the world.
Doing business through social media: much to gain, but a lot to lose (Market intelligence)
Most companies, whether multinational corporations or smaller entities, now recognise the benefits of social media in doing business. By revolutionising the way in which companies communicate with existing and potential customers, and by offering a means of interacting with consumers who could not be reached by traditional means, social media has become an indispensable tool for modern marketing.
Worldwide trademark protection: coverage versus costs (Market intelligence)
When it comes to international trademark protection, business people are rightfully concerned about two things. The first is having protection in countries where it is critical to safeguard the use of important marks; the second is paying thousands of dollars for protection in places where this cost is simply not justified. This chapter focuses on how to can make an intelligent determination of an appropriate level of protection and the considerations that go into that determination.
Key considerations in transnational patent litigation (Market intelligence)
At first glance, the issue of transnational patent litigation appears to be of interest only to patentees, who are interested in designing a strategy to make optimum use of their intellectual property and to enforce their rights. However, this topic is equally important from the perspective of a potential defendant. As part of a comprehensive strategy, companies must consider weaknesses and strengths which may be used to defend against attacks from patentees. This may include actions outside the jurisdiction where a patent case has been initiated. A controlled escalation of a dispute can help to put an end to the whole dispute much more quickly than proceeding through an extensive litigation process.
Milestones for improving the protection of SME innovations (Market intelligence)
Although there has been substantial progress in harmonising IP regimes both across the world (with the Patent Cooperation Treaty (PCT) (1970), the Agreement on Trade-Related Aspects of IP Rights (1994) and the Singapore Treaty on the Law of Trademarks (2004)) and in Europe (through the European Patent Convention, the Community trademark, the Community design and the EU IP Rights Enforcement Directive (2004/48/EC)), there is still a long way to go. Even once the proposed US patent reform and the long-awaited European patent have come into force, this is still likely to be the case.
A unitary patent: not if, but when (Market intelligence)
A unitary system providing patent protection throughout all EU member states has been the dream of many in the IP world for more than 50 years. Today, after many false starts and numerous changes, this goal appears to be within touching distance. Will it be realised, or is it a case of too little, too late? This chapter looks at past efforts to predict the consequences of change and at the implications that the arrival of a truly unified system would have on established systems and procedures.
Gene patents survive in the United States for now (Market intelligence)
The mid-Summer 2011 ruling by the US Court of Appeals for the Federal Circuit in Association for Molecular Pathology v United States Patent and Trademark Office (commonly referred to as ‘Myriad’) has helped to calm some of the ripples in the biotech industry created by the district court’s ruling the previous year. In a split decision (two to one), the appellate court panel determined that isolated genes were not “products of nature” and thus could be patented. However, the majority of the method claims directed to ways to use genes were rejected.
Who owns federally funded inventions? (Market intelligence)
Recently, the Supreme Court reaffirmed the principle that an inventor has the right to patent his or her invention. Although this principle is rooted in the Constitution itself, the focus of the case had a decidedly modern twist. For anyone involved in the business of innovation universities, inventors, start-up companies and companies seeking to collaborate with university researchers the case underscores the importance of clarifying who owns what at the very earliest stages of the patent process.
To be a trade secret or not to be a trade secret: practical considerations when protecting IP assets (Market intelligence)
When attempting to protect their inventions, companies must make a sometimes daunting decision between trade secret protection and patent protection. This dilemma often occurs at the beginning of a research and development project. Should the technology, know-how and other IP assets be protected through trade secret protection or patent protection? It is hard to predict the future, particularly in terms of optimal IP protection. How can you know for certain which aspect of the IP asset is most likely to be commercially successful, or which is more likely to be attractive to competitors in terms of knock-offs, counterfeits or competitive alternatives, when the final result may be a long way off?
The patent monetisation cookbook: a structured approach to monetising patents (Market intelligence)
Businesses throughout the world are beginning to focus on the asset value of their patent portfolios. The rise of non-practising entities has also stemmed from the recognition that patents are valuable business assets that can be monetised. Recently, patent assets have been the primary driver of spectacularly large transactions. The speculation around the sale of a portion of Kodak’s patent portfolio, the patent asset-driven purchase of Motorola Mobility by Google for $12.5 billion and the $4.5 billion sale of 6,000 Nortel patents to a consortium including Apple and Microsoft are all excellent examples. Inevitably, transactions such as these have prompted corporate executives and boards to look more closely at their patent holdings with an eye towards monetising those assets. To them and others, monetisation is particularly interesting for patent assets that have been developed as is often the case in order to protect clever ideas, but without being aligned to business strategies, and are thus not supporting current business objectives. These shelf assets, the thinking goes, are potential sources of cash.
Pirates, plantations, rum and reggae: the complex business of protecting IP rights in the Caribbean (Market intelligence)
The effectiveness of the various IP registries in the Caribbean region is a common concern for IP rights holders wishing to obtain protection in the islands. While some registries offer excellent service, others are not yet automated and are governed by out-of-date legislation. Some Caribbean countries are working hard to ensure that their IP regimes encourage innovation and are competitive but this can pose a major challenge as, regardless of the amount of financial investment, what can be done when the relevant legislation is outdated?
Legal protection of databases: Jamaican litigants test the bounds of the Copyright Act (Market intelligence)
In early 2011 Jamaica’s Supreme Court issued a critical ruling on the Copyright Act which directly impacts on the telecommunications industry, as well as developers and users of databases in Jamaica.
Applying the doctrine of equivalents in patent litigation (Market intelligence)
The scarcity of patent litigation cases in Mexico as compared to other jurisdictions has resulted in a lack of case law in several key areas of patent litigation. One such area is the situation where a product does not have all of the features of the claims of a granted patent, but is so close that it appears that a feature was changed to circumvent patent coverage through the incorporation of an equivalent feature. Under US practice, this is known as the ‘doctrine of equivalents’.
Standing on its own: Venezuela re-establishes its national IP system (Market intelligence)
In Venezuela, domain names are issued by and protected through the Centro de Información de la Red de la República Bolivariana de Venezuela. The registry provides protection for second-level domain names for the ‘.co.ve’, ‘.com.ve’, ‘.net.ve’, ‘.org.ve’, ‘.info.ve’ and ‘.web.ve’ extensions.
On a journey towards a specialised patent court (Market intelligence)
Over the past few years, patent enforcement in Denmark at court level has become more centralised, which has gradually led to the development of a court with a higher level of experience in patent cases. This is likely to improve legal certainty greatly for both patentees and accused infringers.
French copyright law: a complex coexistence of moral and patrimonial prerogatives (Market intelligence)
The French system of the ‘droit d’auteur’ (the right of the author) is generally perceived as being unique, and can be seen as a complex set of rules and principles that is directly opposed to the Anglo-Saxon copyright system. The particularity of the French system is mostly due to a single factor: the French concept of moral rights.
For your billing consideration: the Rechtsanwaltsvergütungsgesetz (Market intelligence)
This chapter is a testimonial to the alternative fee arrangement adopted by German law decades ago and gives us the chance to promote the quality of (some) government regulations. In most jurisdictions, lawyers’ fees are calculated using billing by the hour. However, this is not the only method, nor necessarily the best. Particularly in regard tlitigation, alternative fee arrangements are becoming increasingly popular.
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