Posts Tagged: "International"

U.S. Patent System Holds Steady in Second Place in 2020 International IP Rankings

The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its eighth annual International IP Rankings. The United States achieved the top overall ranking as the strongest intellectual property regime in the world. The U.S. also tied for second place in the patent specific worldwide rankings with Japan, South Korea and Switzerland. In first place again this year for patents was Singapore, which marks the third consecutive year Singapore has achieved recognition as the top overall patent jurisdiction in the world.

How China Will Fundamentally Change the Global IP System

Currently, the massive volume of filings at the Chinese Patent Office (CNIPA) exceeds the filings of the next four most active patent offices combined. It portends a rapid shift to Chinese language prior art being the repository of technical teachings around leading edge technologies for the Fourth Industrial Revolution. This will happen for several reasons and much more rapidly than…

A Journey Through the Chinese Patent System: The differences in how patent rights are treated

The trade dispute between the US and China started with a US accusation of intellectual property theft on the part of China.  Is China really “stealing” intellectual property?  I’m not so sure.  Perhaps the Chinese are stealing trade secrets, and if parties are engaged in such activities they should be punished, but there is a lot of taking that has been legitimized – even authorized – by the Congress and the Supreme Court in recent years.  U.S. patent law is today enabling foreign corporations, including Chinese corporations, to legitimately take intellectual property developed in the U.S.  That is not theft.  It’s just business.  And far more damage is being done to the U.S. as the result of legalized appropriation of patented innovations than could ever be done by the theft of trade secrets.

Innovators and Content Creators Urge USTR Lighthizer to Fight for Strong IP in NAFTA Negotiations

ACTION for Trade asks Lighthizer to consider advocating for strong IP protections and robust enforcement to benefit a diverse group of industries, including digital content producers and distributors, biopharmaceutical firms and software developers… Along with strong patent policy, ACTION for Trade calls for the establishment of regulatory data protection (RDP) provisions which are consistent with U.S. law, especially where medical innovations are concerned. The letter to USTR Lighthizer notes that U.S. law recognizes a 12-year period of RDP for biologic treatments and a 5-year period of RDP for small molecule treatments. Such provisions would allow the original innovators of novel medicines to submit data on the safety and efficacy of medicines while shielding that data from others who might produce generics based on the data.

Latest European Patent Office (EPO) Annual Report Shows Continued Growth of U.S. Patent Applications in Europe

The European Patent Office announced that U.S. companies and inventors filed 5.8% more patent applications at the European Patent Office (EPO) in 2017 than in the previous year. This follows a decrease in applications in 2016 (-6.1%), which had been a knock-on effect of changes in U.S. patent law introduced in 2013.

U.S. Patent System Falls to 12th Place in Chamber Global IP Index for 2018

While the United States continues to do well overall, patent protection continues to be problematic. In 2017 the U.S. ranked 10th worldwide in terms of offering patent protection to innovators. This year, the U.S. fell out of the top 10, tumbling to a tie for 12th with Italy… With a decrease in the score relative to patent protection from 2017 to 2018, the United States joins a handful of other countries that are not thought of as being at all intellectual property friendly. Those countries having a weaker performance relative to patents in 2018 include the United States, Turkey, Saudi Arabia, Peru, Mexico, Indonesia, Columbia, Chile and Australia. See page 22 of the Chamber report.

Massimo Sterpi joins Gianni, Origoni, Grippo, Cappelli & Partners

Massimo Sterpi has joined Gianni, Origoni, Grippo, Cappelli & Partners. Massimo, who previously worked at boutique firm Jacobacci, is one the most respected IP experts in Italy, with strong experience in both transactional matters and litigation concerning trademarks, designs, copyright and patents. Massimo joins the firm with a five associate team (Francesca Fosson, Angela Tasillo, Damiana Masi, Luigia Bersani, Andrea Colantuoni), taking responsibility for the Rome-based IP team.

Brazilian PTO Considers Automatically Granting 231,000 Patents to Get Rid of Backlog

The Brazilian Government is considering the adoption of an emergency measure to eliminate the Patent Office chronic backlog problem by automatically granting, without examination, 230,000 pending applications until 2020. The emergency measure has been labelled by the Government as an “extraordinary solution” and a draft of the plan was introduced for public discussion. Companies may soon need to deploy a strategy within a time-frame as short as 90 days to take full advantage of the new system while minimizing potential risks… For the past 15 years, Brazil has been enduring one of the world’s most severe patent backlogs. The problem has grown considerably after the enactment of the 1996 Patent Statute, which was adopted to make the country TRIPS compliant.

Renegotiate NAFTA to Make it the Gold Standard in IP Protection

As President Trump embarks on the renegotiation of NAFTA, it is critical that we seize the opportunity to make it the gold standard in intellectual property rights protections… The stakes are tremendous and cannot be ignored.  In total, it is estimated that intellectual-property theft costs the United States approximately $600 billion per year.  A recent New York Times article notes that this is the “greatest transfer of wealth in history”.

A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (originally as LEMON TWIST). Atlantic is the proprietor in South Africa of the TWIST, LEMON TWIST and DIET TWIST trade marks in relation to non-alcoholic drinks falling in class 32. PepsiCo applied to register the trade marks PEPSI TWIST and a PEPSI TWIST label, also in relation to non-alcoholic beverages in class 32… In finding in favor of Atlantic in the opposition, the Court felt it necessary to only rule on the issue of confusing similarity, ie. whether the proposed PEPSI TWIST trade marks were sufficiently similar to Atlantic’s trade marks to create a likelihood of deception or confusion.

ITC institutes Section 337 investigation into Hisense Wi-Fi TVs infringing on Sharp patents

On Wednesday, September 27th, the U.S. International Trade Commission (ITC) announced that it had decided to institute a patent infringement investigation against Chinese electronics manufacturer Hisense (SHA:600060). The investigation, which follows from a Section 337 complaint filed by Japanese electronics firm Sharp (TYO:6753), will seek to determine whether certain Wi-Fi enabled devices and their components, specifically televisions which are capable of wireless Internet connectivity, which are imported into the U.S. by Hisense infringe upon two patents covering similar technologies held by Sharp.

Nokia receives favorable arbitration award on patent license with LG Electronics

According to the press release issued by Nokia, licensing revenue from the agreement with LG will be reflected in the Finnish telecom’s earnings report for the third quarter of 2017 even though the expected revenues remain confidential at this time. The press release quotes Maria Varsellona, Nokia’s chief legal officer, as saying: “The use of independent arbitration to resolve differences in patent cases is a recognized best practice. We believe that this award confirms the quality of Nokia’s patent portfolio.” Varsellona also noted that Nokia sees additional opportunities for patent licensing agreements in at least the mobile communications market.

China’s copyright regulator tells foreign and domestic music companies to improve copyright licensing, reducing piracy

In mid-September, the federal government of the People’s Republic of China issued statements which indicate that the country is looking to expand upon recent rhetoric over increased protections for intellectual property. According to state-controlled media outlet Xinhua, China’s National Copyright Administration (NCAC) informed a group of more than 20 domestic and foreign music companies that they must adhere to both market rules and international practices in order to widen licensing and improve the spread of copyrighted music online.

New Balance wins largest verdict ever for foreign plaintiff in Chinese trademark suit

This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly China, with China cracking down on infringers — as promised by Chinese President Xi Jinping… The Chinese IP court in Beijing reportedly ordered three domestic shoemakers to pay a total of 10 million yuan ($1.5 million USD) to New Balance for infringing upon the slanted ‘N’ logo utilized by New Balance on its branded shoes. That’s not a huge damages award in the grand scheme of trademark damages ordered around the world but reports indicate that the damages in this cases were the most ever handed out by a Chinese court to a foreign plaintiff for trademark infringement allegations.

Challenges for Managing Chinese Patent Prosecution: Anything More Than Lost in Translation?

If you are an in-house counsel at a U.S. technology company, managing its global patent portfolio with a potentially significant exposure in China, you face some special challenges trying to effectively and efficiently manage the Chinese patent prosecution through your Chinese IP firms. You might assume that these challenges would be caused by some undefinable “Chinese” element. You already knew how to manage U.S. prosecution, performed by the outside U.S. law firms, and in theory you can apply that learned expertise to managing the process in China. But this is not U.S.-style patent prosecution in another place. The working language will be Chinese in addition to English, the communications will generally be over long distances, 12 to 15 time zones away, and you will have to deal with significant differences in laws, practices, and cultures. This article provides a roadmap and tips for making this process productive and successful.

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