IAM Innovation & Invention Yearbook 2022

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Welcome to the seventh edition of the Innovation & Invention Yearbook: Building IP value in the 21st century, previously known as the IAM Yearbook.

The Innovation & Invention Yearbook 2022 is a compendium of business-focused advice designed help in-house counsel and other IP leaders navigate the most crucial issues affecting global IP management and monetisation. This year’s edition features must-read analyses on some of the most talked-about topics in IP management, including demonstrating portfolio ROI, balancing quality and quantity, SEP/FRAND licensing and protecting cutting edge innovations in AI and machine learning. There are also deep dives into critical parts of the IP toolbox including utility models, designs, business signs and non-traditional trademarks. We also survey the globe to look at recent developments in hotspots including Germany, Russia, India and China.

We have drawn on our extensive connections in the global IP community to assemble a stellar line-up of experts to share their insights in this guide. We have invited only those firms and organisations with proven expertise and track records to contribute to the Innovation & Invention Yearbook. With a focus placed squarely on practical business advice, it contains a wealth of accessible strategic guidance for senior business leaders and other IP stakeholders.

We are grateful to all of the contributors for their contributions to this project, and we hope it will be a useful resource to you in the year to come.

Jacob Schindler
Editor, IAM
[email protected]
@IAM_magazine

International

Demonstrating ROI from your IP portfolio

KPMG LLP
In today’s ever-increasing competitive landscape, the link between a firm’s knowledge assets and intellectual property and the firm’s overall competitive advantage and business success has become a key area of focus for the C-suite.

Understanding non-traditional trademark protection

Reising Ethington PC
Have you ever wondered whether trademark protection is available for aspects of a product, such as its colour or configuration?

Licensing intangibles under transfer pricing guidelines

Royaltystat LLC
Royalty rates to assess the inter-group transfer of intangible assets (eg, intangibles or intellectual property) are the subject of persistent tax controversy in transfer pricing, including multibillion-dollar litigations involving Coca-Cola and Medtronic.

Europe

Utility model – the underestimated property right

Maiwald Patentanwalts- und Rechtsanwalts-GmbH
Some countries offer utility model protection in addition to patent protection.

European design protection – worth your money?

NLO
Every company that spends money and resources on research, development and marketing for its products needs assurance that competitors (or other third parties) cannot take advantage of its innovation.

Quality or quantity – defining and building the ideal patent portfolio

PATENTSHIP Patentanwaltsgesellschaft mbH
The road to successfully deployed technologies is paved with visionary but abandoned inventions.

Cumulative protection of trademarks, designs and works of art

Zacco
The possibilities for obtaining cumulative protection of business identifiers are interesting for both practical and legal reasons.

Country by country

Supreme Court patent term decision

Licks Attorneys
The Supreme Court has decided on a patent case for the first time this century.

Patenting the AI pipeline: intellectual property for AI before standardisation

Brion Raffoul LLP
Over the past few years, and after decades as little more than a mathematical curiosity, useful industrial applications of AI have become commonplace.

Trade secret infringement – measures to reduce burden of proof for rights holders

Chang Tsi & Partners
How can trade secret rights holders enforce their rights and protect their market? By using licence value assessment in criminal proceedings to stop ex-employees from disclosing trade secrets.

Germany revises Patent Act and clears way for UPC

COHAUSZ & FLORACK
Despite the pandemic bringing the world to a standstill in 2020-2021, Germany has worked hard at both the legislative and judicial level to continue protecting IP rights.

London Agreement – no preliminary injunction in lack of full Hungarian translation

SBGK Attorneys at Law and Patent Attorneys
Ten years after the Agreement on the Application of Article 65 of the Convention on the Grant of European Patents (the London Agreement) entered into force in Hungary, the long-awaited clarification about the enforcement of European patents was provided by the courts.

Statement of working: is it working?

Remfry & Sagar
At present, every country across the globe is battling covid-19.

Secondary patents in chemistry and pharmaceutics

Sojuzpatent
Secondary patents, as opposed to original or primary patents, are commonly understood as patents protecting not a novel chemical entity, but a polymorph, salt, derivative, pharmaceutical composition or a specific medical use thereof, among other things.

Mediation in patent disputes

Deris Attorney-at-Law Partnership
Using methods of alternative dispute resolution (ADR) has recently become more common in Turkey.