Happy New Year 2011

News from the US Patent and Trademark Office

USPTO Reorganizes Operational Structure to More Effectively Achieve Goals set out in 2010-2015 Strategic Plan

Creates new Office of the Chief Communications Officer andOffice of Equal Employment Opportunity and Diversity reporting to the Under Secretary and Director Patent and Trademark Appeal Boards to report directly to Under Secretary and Director

Washington - Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced today that, effective October 1, the USPTO is reorganizing its operational structure to strengthen the agency’s management, communications and policy functions in accordance with the goals set forth in its 2010-2015 Strategic Plan, the text of which is available on the USPTO Web site and which will be available in final format in the coming weeks.
“We have revised our structure so that we can operate more efficiently, communicate with the public in a more effective and transparent manner, and enhance our ability to achieve our goals,” said Under Secretary Kappos. “These organizational changes will enable us to better achieve our goals of reducing patent pendency and bringing innovation to market sooner, while strengthening the appeal process, promoting a more diverse workplace, and enhancing the Agency’s critical communications and outreach functions.”
The reorganization changes the first-line structure of the organizations reporting to the Office of the Under Secretary and Director by establishing a new Office of the Chief Communications Officer (formerly the Office of Public Affairs within the Under Secretary’s Office) and a new Office of Equal Employment Opportunity and Diversity (formerly the Office of Civil Rights within the Office of the Chief Administrative Officer) as separate organizations reporting directly to the Under Secretary and Director and represented on the Agency’s Executive Committee.
It also transfers the reporting of the Board of Patent Appeals and Interferences and the Trademark Trial and Appeal Board, which were formerly part of the Office of General Counsel, to the Office of the Under Secretary. Additional changes involve the Patent Organization - including the addition of an Associate Commissioner for Innovation Development - and the Office of the Administrator for Policy and External Affairs to better align and clarify competencies and functions performed by those organizations. The reorganization will not increase the USPTO’s number of full-time employees or resource requirements, and the agency’s current facilities in Alexandria, Va., will accommodate the reorganization.

News from the Japan Patent Office (JPO)

India adopts the 9th edition of the Nice Classification for trademarks(India)
India has adopted the 9th edition of the International Classification of Goods and Services for trademarks (“Nice Classification”), following an amendment of its Trade Marks Rules dated May 20, 2010.With this amendment, the service classes 43, 44 and 45 have become available for use in the country. Published and registered trademarks may be registered or renewed with their original classes, as reclassification for these trademarks is not mandatory. However, it will be necessary to undertake specific procedures for currently pending trademark applications, such as filing a petition for reclassification into the appropriate class(es) or limiting the scope of the application to the services of class 42.


Spanish Court dismisses claims that YouTube is responsible for infringing content.
A Madrid appeal court dismissed on September 23, 2010 a complaint filed by the Spanish television channel Telecinco, which was claiming that the popular video-sharing website YouTube is responsible for the copyright-infringing content uploaded by its users. The Court pointed out that YouTube offers a tool allowing copyright owners to erase infringing content, and stated that the responsibility to identify infringing contents and inform YouTube accordingly laid with copyright owners.

OKI Data is infringing on Ricoh’s US patent, says ITC in preliminary ruling
An administrative law judge of the US International Trade Commission (ITC) issued on September 23, 2010 a preliminary ruling stating that OKI Data was infringing on one patent owned by Ricoh. Ricoh had previously filed with the ITC a complaint alleging that OKI Data was infringing on five of its patents related to printer technology.

News from the Japan Patent Office (JPO)

IBM, Canon and Micron top US patent asset ranking
The Tokyo-based Patent Result published on August 17, 2010 a ranking of the scope of US patent assets of major companies. The ranking is based both on the number of patent applications and on their quality. The first place went to IBM, followed by Canon and Micron Technologies. Companies active in the fields of semiconductors, electric devices and precision devices tend to occupy the top ranks. While the value of patents is often hard to estimate, the present ranking can prove to be a useful indicator.

“Tiananmen” not registrable as trademark in China – new examination guidelines set by the Chinese government
The Chinese government has set new guidelines regarding the registration of trademarks, the news website China Net reports. The name of the People’s Republic of China, its flag, words such as 中国 and 中華 (both meaning “China”) or the abbreviations CN and PCR, along with famous place names such as “Tiananmen”, “Xinhuamen” or “Great Hall of the People” will not be registrable as trademarks. Further, no trademark right will be granted for excessively common marks. These new examination guidelines aim to clarify the trademark process in China.

Google dismisses Oracle’s lawsuit over Java patents by calling it a baseless attack on the Java community
Following Oracle’s filing of a lawsuit on August 12, 2010 against Google for alleged patent infringement, Google has responded by expressing its disappointment “that Oracle has chosen to attack both Google and the open source Java community with this baseless lawsuit”. Java’s status as a crucial tool in today’s IT sector will most likely cause this lawsuit and its future developments to come under close scrutiny.

Japan urges China to strengthen IP rights protection
As the situation of intellectual property rights in China is raising concerns abroad, a Japanese delegation of governmental and business representatives paid a visit to the Chinese government in Beijing to request a revision of the current laws. The Japanese delegation, whose visit included China’s highest judicial organ, the Supreme People’s Court, requested among others a strengthening of sanctions against infringers.

News from the Chinese Patent Office (SIPO)

China Launches One-stop Service for IP
On August 17, the one-stop service platform for intellectual property (IPOS) was official launched by Chine Technology Exchange, IP Publishing House and other patent agencies in Beijing, marking a step toward creating an effective channel for capital to flow into technology.
Supported by SIPO, the Ministry of Science and Technology and Beijing government, the IPOS is established to implement national IP strategy, accelerate commercialization and industrial upgrade, provide high-quality comprehensive intellectual property rights services for the government, business sectors, science and technology parks, research institutes and various types of investment institutes. It is also available for customers to raise awareness of intellectual property rights protection, improve intellectual property managerial and advance efficiency of commercialization in intellectual property rights.

Authorities Seize 4 mln Illegal Publications in Shanghai Expo Crackdown
Authorities in the World Expo host city of Shanghai had confiscated more than 4.28 million illegal publications as of July in a crackdown launched in April, the National Anti-Pornography and Anti-Illegal Publications Office said Wednesday.
Of the 4.28 million illegal publications seized, more than 2.98 million were pirated audiovisual products, more than 76,000 were pornographic, and more than 1.23 million were illegal newspapers and periodicals, an official from the office said during a weekly briefing.
Altogether 2,179 stalls selling illegal publications have been shut down during the crackdown and 80 illegal websites closed, figures from the office showed.
The campaign, which runs till Oct. 31, aims to protect intellectual property rights with an emphasis on fighting piracy during the six-month Shanghai World Expo, which opened May 1.
Shanghai authorities have set up a special team to inspect the main commercial districts, tourist spots, and areas around the Expo site, the official said.
Shanghai authorities also made joint efforts with neighboring provinces including Jiangsu and Zhejiang to fight illegal publications by signing an agreement to share information and cooperate in investigations.

Beijing: Annual Patent Agency Check Begins Sept 1
This year's annual check of patent agencies is scheduled to begin on Sept 1 and will last two months.
All agencies established before Aug 31, as well as their branches and practicing agents, are eligible for the annual qualification review.
The review results will be announced before Nov 30.
Those who fail to participate or pass the review will be prohibited from continuing in the patent agency business.
SIPO will not accepting applications for new agencies during the review period.

Beijing: Tech Deals Contributed 8.7 Percent to Capital City's Overall Economy
Tech deals comprised 8.7 percent of the capital's economy in 2009, equal to the contribution from the real estate sector, the municipal statistics bureau announced recently.
More than 19,000 technology contracts worth 79.7 billion yuan were signed in the first half of this year, an increase of 47 percent year-on-year, an all-time record.
The environmental sector had a 251 percent surge in contract value over the first half of last year, while the new energy segment registered 78 percent year-on-year growth in technology transactions.

Qinghai: International Fair Showcases Traditional Tibetan Tangka Art
A recent international art fair in Tongren county showcased both traditional and innovative tangka collections from around the world.
Tangkas - a Tibetan artform of pictures painted or embroidered in silk or cloth - are listed among the nation's intangible cultural heritage. The host county, home to 10 archeological sites, has gained global fame as a center of the traditional art.
(China IP News)
2010-08-27

News from the Japan Patent Office (JPO)

The first heads meeting of IP training centers of Japan, China and Korea

- The tenth- year-cooperation of the trilateral patent offices has progressed in the field of human resources development - August 23, 2010.
The trilateral partnership among patent offices in Japan, China and Korea marks its tenth anniversary this year. To deepen this partnership, the heads meeting of the trilateral intellectual property (IP) training centers was held for the first time in Seoul, Korea, on August 23 and discussed mutual cooperation.
Cooperation among the trilateral training centers is expected to help improve the efficiency and effectiveness of the development of human resources in the IP field, and eventually create a better environment for IP protection in each country.
1. Background
The Japan Patent Office (JPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), and the Korean Intellectual Property Office (KIPO), held the First Trilateral Policy Dialogue Meeting in 2001. Since then the three patent offices have developed a favorable relationship through cooperation in holding expert meetings and joint events in areas such as the application of IT to IP rights administration and patent examination practices.
To further the cooperation on human resources development in particular, the three offices agreed at their Ninth Trilateral Policy Dialogue Meeting in December last year to organize a heads meeting to discuss mutual cooperation on training among training centers related to IP human resources development in the three countries.
2. Results of the meeting
On August 23, the heads of trilateral training centers—the National Center for Industrial Property Information and Training (INPIT) of Japan, the China Intellectual Property Training Center (CIPTC) of China, and the International Intellectual Property Training Institute (IIPTI) of Korea—met together in Seoul, Korea, to hold the First Heads Meeting of IP Training Centers of Japan, China and Korea. During the meeting, the three representatives discussed their efforts to develop IP talent, exchanged information on materials for IP education, and confirmed that the trilateral IP training centers would continue cooperation.
The meeting is expected to help enhance the trilateral cooperation in the development of IP-related human resources, improve the efficiency and effectiveness of such development, and eventually create a better environment for IP protection in each country.
3. Next step of the trilateral cooperation
The next (Tenth) Trilateral Policy Dialogue Meeting among the JPO, SIPO and KIPO will take place in Nara, Japan, in December this year for discussions toward enhanced cooperation among the trilateral patent offices.
The JPO will continue its effort to strengthen partnership with overseas IP authorities with a view to laying the groundwork for a global IP framework.
4. Division in Charge
International Affairs Division, General Affairs Department, Japan Patent Office, Human Resources Development Department, National Center for Industrial Property Information and Training

News from the Chinese Patent Office (SIPO)

Tian Inducted into Global MIP 50 for Fifth Time

British magazine Managing Intellectual Property (MIP) announces this year's selection of 50 most influential people in IP. SIPO Commissioner Tian Lipu, Li Jianchang, the Director General of Trademark Office under the State Administration for Industry and Commerce, Li Qunying, IP Director of General Administration of Customs and Song Liuping, Huawei Technologies Chief Legal Officer are on the list. Tian is in the circle for the fifth time.
According to MIP, the third IP5 meeting, hosted by Tian, for the world's five major IP officers was held in Guilin, Guangxi, which plays an important role in promoting the cooperation among them. Under the leadership of Tian, SIPO is universally praised for its efficiency and public response. During Tian's term of office, SIPO boasts of the world's major office and became the one of the busiest IP office due to its huge patent applications.
As an interesting addition to this year's selection, the Chinese IP complainants are on the list as a whole.


Huawei Wins 30%+ Global 4G Orders This Year

Huawei Technologies announced on August 13 that it has won 14 orders for 4G project of the global 40 4G network projects, representing 30% of the total. As of the end of 2009, Huawei has cumulatively filed 42,543 patent applications in China and aboard, ranking the No.1 among the domestic companies in this regard. According to the SIPO's statistics of the first half of this year, Huawei obtained 1,308 invention patents, pacing all domestic and foreign companies in this area. 43% of Huawei's employees engage in R&D and 17 R&D centers were established in the U.S., India, Sweden and Russia.


Shisedo Takes on Trademark Board

Disgruntled with the Trademark Review and Adjudication Board (TRAB)'s decision on its complaint of registered trademark 欧珀莱 AUPRES and its figures on Class 19 goods floor board, woods and plywood, Shisedo Liyuan Cosmetics Company took the agency under the State Administration for Industry and Commerce (SAIC) to the Beijing No.1 Intermediate People's Court.
The trademark in question was filed by a building materials company in Beijing in July 2002. Shisedo Liyuan challenged the registration, which was denied by the Trademark Office under the SAIC. Shisedo Liyuan then lodged an opposition to the TRAB.
Shisedo claimed that the trademark registered on floor panels would lead confusion to consumers, and cause damage to the brand image of high-end and fashion. Besides, the trademark in question would also harm the benefits of Shisedo Liyuan.
TRAB argues that although AUPRES and 欧珀莱 enjoy good reputation, they are not well-known marks. In parallel, the difference between floor panels and cosmetics is obvious in function and use, so the registration is allowed.

Patent Prosecution Highway between USPTO and Rospatent (Pilot)

The Patent Prosecution Highway in Conjunction with the Federal Service on Intellectual Property, Patents & Trademarks of Russia (Rospatent)

Under the Patent Prosecution Highway, an applicant receiving a ruling from either the Federal Service on Intellectual Property, Patents & Trademarks of Russia (Rospatent) or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.
The trial period starts on 01 September 2010 and is set to expire 31 August 2011, but may be extended or terminated earlier depending on volume of activity and other factors. Both offices will provide notice of any adjustment in the pilot program.

Patent Prosecution Highway between USPTO and EPO (Pilot)

The Patent Prosecution Highway in Conjunction with the European Patent Office

Under the Patent Prosecution Highway, an applicant receiving a ruling from either the European Patent Office (EPO) or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.

As of May, 2010, the USPTO has eliminated the fee for the petition to make special under the PPH programs.

PRESS RELEASE
Washington, D.C. - The Commerce Department's United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) today announced that they intend to launch a new trial cooperation initiative called the Patent Prosecution Highway (PPH) in September. The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants to obtain corresponding patents faster and more efficiently. It also will permit each office to exploit the work previously done by the other office and reduce duplication. In turn, the initiative will reduce examination workload and improve patent quality.
"This pilot is a major step forward in the USPTO-EPO cooperative efforts to manage workloads and will allow us to take advantage of each other's work thereby reducing our backlogs while still maintaining higher patent quality," said Under Secretary of Commerce for Intellectual Property and Director of the USPTO Jon Dudas. "The pilot also significantly expands the PPH network in the global patent office community."
"Being prepared to 'utilise' work is both rational and essential if the patent system is to keep its head above water" said President of the EPO Alison Brimelow. "Exploring the implications of projects like PPH is very important."
Under the Patent Prosecution Highway, an applicant whose application filed with either the EPO or the USPTO contains at least one allowable claim may request that the other office fast track the examination of corresponding claims in corresponding applications.
The purpose of the trial program is to gauge the interest of applicants and determine if the program improves quality and efficiency and reduces the workload at each office. The trial period will be set for one year but may be extended or terminated earlier depending on volume of activity and other factors. Both offices will provide notice of any adjustment in the trial period.

News from Japan Patent Office

APEC IP Symposium – Innovating IP Exploitation

In recent years, with the progress of globalization and open innovation, the need for the global protection and exploitation of IP rights has been greater more than ever before, and in the APEC region, the importance of making improvements to IP systems is being acknowledged once again.
The Leaders’ Declaration of the 17th APEC Economic Leaders’ Meeting held last November in Japan referred to the importance of the IP system and the means of exploiting intellectual property as follows: “[We] reiterated the importance of comprehensive and balanced intellectual property (IP) systems that provide for and protect the incentives that encourage creation and innovation and provide the tools for successful management and exploitation of IP rights.”
Taking into account this Leaders’ Declaration, Japan made a proposal at the 30th IPEG (Intellectual Property Rights Expert’s Group) Meeting in March of this year to hold a symposium on the theme of the exploitation of IP rights, so that knowledge concerning the exploitation of IP rights within the APEC region could be shared through open-minded discussions. The proposal was duly approved by the IPEG members.
Ten years have passed since an APEC IP Symposium was held in Japan. The APEC IP Symposium – Innovating IP Exploitation is an example of the positive actions and contributions of Japan in the field of intellectual property in the APEC region. In addition, it is expected that the symposium will be a valuable opportunity for the participants to obtain knowledge of IP systems in the APEC region and take part in an APEC-related event.
In the APEC IP Symposium, the IPEG members and IP experts from the APEC member countries and regions will act as lecturers and moderators and engage in multifaceted and multilayered lectures and discussions on the exploitation of IP rights.

Event: APEC IP Symposium - Innovating IP Exploitation
Date: Thursday, September 9, 2010
Venue: Sendai International Center, Sendai City (Japan)

USPTO and ROSPATENT to Begin Patent Prosecution Highway Pilot Program

WASHINGTON – The Commerce Department’s United States Patent and Trademark Office (USPTO) and the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation (ROSPATENT) have agreed to partner in establishing a Patent Prosecution Highway (PPH) pilot program. PPH agreements are cooperative initiatives that streamline the patent system and promote expeditious, inexpensive and high-quality patent protection throughout the world. The USPTO and ROSPATENT plan to launch the pilot program on September 1, 2010, and continue it for a period of one year.
“As the USPTO and other patent offices throughout the world face challenges of increased patent filings and growing backlogs, it is important that we work together to find ways to streamline processing and avoid redundancy,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “The Patent Prosecution Highway program is an important step toward the goal of maximizing reutilization of work done by other offices. PPH has shown that through cooperation with other patent offices, genuine time and cost savings can be reached that benefit both applicants and offices. We look forward to starting a pilot PPH program with ROSPATENT.”
Director General of ROSPATENT Dr. Simonov added, “The development of PPH would undoubtedly have synergetic result because such system will provide the impulse for solution of tasks related to further development of the PCT by interactions between the PPH and the PCT, decreasing of backlogs of unexamined patent applications as well as establishing international standards of carrying out patent search and examination.”
Under PPH agreements, an applicant receiving a favorable ruling from one nation's patent office on at least one claim in an application may request that the corresponding application filed with the other nation be fast tracked for examination. By coordinating patentable results between both nations' offices, applicants can expect to obtain patents in both nations more quickly.

AmCham to Participate In ABA Cross-Border Dispute Resolution Conference

On Tuesday, September 14, 2010, AmCham President and CEO Andrew Somers will be a keynote speaker at a Moscow conference, entitled “Cross-border Dispute Resolution: The Perspective for Russia and the CIS.” The event is being organized by the Section of International Law of the American Bar Association.

In 2009, the Section hosted a successful conference in Moscow on “The Resolution of Russia-Related Disputes: The Next Wave”. The event was a sell-out, with many disappointed would-be registrants being turned away. Those who were able to attend were treated to a series of lively discussions that reflected the incredible progress of the Russian legal system over the past two decades, but also featured candid insights about the continuing challenges to the rule of law and the work yet to be done. Speakers included ABA President Carolyn Lamm; the Chief Justice of the Supreme Commercial Court (SCC) of Russia, Anton Ivanov; SCC Justice Tatiana Neshataeva; the US Ambassador to Russia, John Beyrle; the President of the Moscow-based International Commercial Arbitration Court, Alexander Komarov; Lord Peter Goldsmith; and many leading Russian and international dispute resolution practitioners.
To capitalize on the success of last year’s Conference, the 2010 Conference will offer a fresh set of dispute resolution topics and again bring together members of the global legal community for a full day of informative and substantive programs presented by world-class experts.
Key topics to be covered at the event to include:
· Judicial assistance and enforcement proceedings
· International asset recovery
· Business and corporate raiding
· Disputes involving the Russian state and state entities
· Late-breaking developments
The conference is taking place at the Lotte Hotel in Moscow, located at 8 Novinskiy Boulevard, Building 2.

News from the Indian Patent Office (IPO)

Date: 23.8.2010
PUBLIC NOTICE
In super-session to the Public Notice issued in the Trade Marks Journal No. l443 dated l" July, 2010 to give effect to the division of class 42 into classes 43, 44 and 45 vide Notification № G.S.R. 428(E) dated 20.5.2010 in the Gazette of India Extraordinary, the following amended Public Notice is issued after receiving suggestions at a meeting of Stakeholders, Advocates and Trade Marks Attorneys held under the chairmanship of Controller General Patent, Designs and Trademarks on 21.8.2010 at Indian Patent Office, Mumbai.
There are at present 20,123 registered trade marks and 50,397 pending marks in class 42 as on date' The services as are covered by such registration may now fall either in class 42, 43, 44 and 45 under the new specification of services notified by the Government of India Gazette notification dated 20.5.2010. The said registration shall be deemed to have been validly made for all intents and purpose irrespective of the services covered by such registration falling in any of the classes 42 to 45. This would however not preclude such registered proprietor, if they so desire, to file a request in for TM-40 and apply for conversion into the appropriate class in terms of Rule 101 of the Trade Marks Rules, 2002.
The renewal of such marks will also be made in the same class and would provide same remedies under the Act, as if the said registration/ renewal is made in the corresponding class/classes.
The trade marks as are already published under the Trade Marks Journal for applications falling under Class 42 shall proceed to registration in accordance with the procedure prescribed under law. Such registration, if granted, would be treated in the same manner for the purposes of the registration, classification and renewal in which the existing registered trade marks are treated under terms hereinabove.
In so far as pending applications are concerned which are. awaiting examination the Examiner of Trade Marks will intimate to the applicant the service for which the mark as applied for registration would fall in appropriate class/ classes as per the
existing/ amended services and require the applicant to either restrict the services faring in a particular class for which the application has been made or to file a request in the prescribed manner along with the requisite fee for division in one or more classes as the case may be.
In case of such division the priority date of the application shall be maintained.
In cases where the application has been examined under crass 42 and have been objected and on consideration of reply to the objection or on hearing the matter, if the same found acceptable, such cases will be re-examined to determine the relevant class under which the service sought to be covered by the registration. On such re-examination, if the services covered by the application to fall under the same or other classes, the Examiner will notify the applicant either to restrict the services falling in a particular class for which the application has been made or to file a request in the prescribed manner along -with the requisite fee for division in one or more classes as the case may be.
All new applications for class 43 to 45 with effect from 1st July, 2010 would be accepted by the Registry in accordance with the new specification of services.
In the case of pending opposition to the marks advertised under class 42, the opposition in relation thereof would be deemed to have been validly filed irrespective of the services falling under that particular class or other class or classes under the new specification of services.
While examining new trade mark applications under class 43, 44 and 45, the Examiner will search Class 42 also.

(P.H.Kurian)

Controller General of Patents, Designs and Trade Marks

China's IPR Experts Have Reservations about U.S. IPR Trade Policy

Recently the issue that U.S. government using bogus figures on piracy has caused wide public concern in China. Some IPR experts in China raised the query on the U.S. Intellectual Property policy which were supported by the figures cannot be substantiated. And the estimates served as evidence to illustrate the gravity of counterfeiting that often cited in intellectual property negotiations with other nations can not stand up in court any more.
Some widely cited estimates sourced to U.S. agencies cannot be substantiated
In October 2008, Congress passed the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP Act), to improve the effectiveness of U.S. government efforts on copyrights, patents and trademarks. The act also directed GAO to provide information on the quantification of the impacts of counterfeit and pirated goods. GAO took a close look at efforts to quantify the economic effects of counterfeit and pirated goods on consumer, industry, government and the U.S.'s economy, and examined all the data and consulting with numerous experts from government, industry and association, non-governmental organizations and academic institutions. After its year-long investigation, GAO released the report in April 2010.The three widely cited U.S. government estimates of economic losses resulting from counterfeiting cannot be substantiated or traced back to an underlying data source or methodology, as the GAO indicated.

(China IP News) 2010-08-20

News from the Japan Patent Office (JPO)

Patent Prosecution Highway using PCT international work products
The JPO has commenced the PPH programs using the PCT international work products (PCT-PPH) on pilot basis since January 2010 with the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). From July 2010, the JPO commence the PCT-PPH pilot program with National Board of Patents and Registration of Finland (NBPR).
Under these programs, an accelerated examination can be requested using a written opinion established by certain International Searching Authorities (WO/IPA) or an international preliminary examination report (IPER) established by certain International Preliminary Examining Authorities.
The applicant can request participation in the PCT-PPH where any of the following Offices is the chosen International Searching Authority or International Preliminary Examining Authority:
The Japan Patent Office (JPO), the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO) and the National Board of Patent and Registration of Finland (NBPR)
【Major requirements for the participation in PCT-PPH】
(1)At least one claim is determined/indicated to be allowable/patentable*1 in WO/ISA, WO/IPEA*2 or IPER
(2)All claims on file for examination under the PCT-PPH sufficiently correspond to those claims determined/indicated to be allowable/patentable in WO/ISA, WO/IPEA*2 or IPER
(3)Examination of the application which the PCT-PPH is requested for has not been begun
*1 Claim(s) are indicated to have novelty, inventive step and industrial applicability (explanation by applicant is necessary where any observation is described in Box VIII).
*2 Not eligible when filing with the EPO.

PPH pilot program between the Japan Patent Office (JPO) and the European Patent Office (EPO)
The Japan Patent Office (JPO) and the European Patent Office (EPO) commences the PPH pilot program on January 2010.
Following an agreement at the Trilateral Conference held in Kyoto on November 2009, it is possible to request for participating in this pilot program on the basis of PCT international work products.

(At the meeting in November 2009: Mr. Hosono, Commissioner of the JPO and Ms. Brimelow, Commissioner of the EPO)



PPH pilot program between the Japan Patent Office (JPO) and the Federal Service for Intellectual Property, Patents & Trademarks of Russia (ROSPATENT)
The Japan Patent Office (JPO) and the Federal Service for Intellectual Property, Patents & Trademarks of Russia (ROSPATENT)　commenced the PPH pilot program on May 2009 in accordance with the joint statement of intent at the ROSPATENT/JPO Heads Meeting held in Moscow on April 2009.

(At the meeting in April 2009: Dr. Simonov, Director General of the ROSPATENT and Mr. Suzuki, Commissioner of the JPO)

APEC to discuss innovation and growth at a round table

The Asia-Pacific Economic Cooperation (APEC) will hold a Growth Strategy High Level Policy Round Table in the Japanese prefecture of Oita in August. Discussions will focus on the actions to be taken in five aspects of growth strategy, including innovative growth.The action plan to be discussed regarding innovative growth aims, among others, to increase the ratio of R&D expenses with regard to the GDP and the number of patent applications. The objective is to strengthen the competitiveness of the countries in the Asia-Pacific area and to prevent disparities in economic development.

International Intellectual Property Environment Forum Held in Beijing

The International Intellectual Property Environment Forum opened in Beijing on July 7. Deputy Director of the State Intellectual Property Office (SIPO) Yang Tiejun pointed out on the forum that IP management departments should take active measures to guide companies to protect their rights overseas, and help them understand relevant foreign IP laws and information so that they can safeguard their own rights while respecting others'.
The forum is organized by the State Intellectual Property Office (SIPO), hosted by China Intellectual Property Society, and assisted Hogan Lovells Law Firm. On the forum, six senior experts from home and abroad delivered wonderful speeches on intellectual property rights environment of the United States, Europe, Japan, ASEAN, the U.S. International Trade Commission "337 investigation", IP risk assessment in foreign trade and domestic companies' solutions, and etc.
The forum published the first achievements of research on foreign IP environment by SIPO. Four IP environment special research reports focused on the U.S., Europe, and etc. gained a lot of attention. It was reported that research reports on Japan, South Korea's intellectual property legal environment studies would be issued in this year.

Memorandum between the Russian Patent Office (Rospatent) and the US Patent and Trademark Office (USPTO)

Dear Colleagues,

This letter is to inform you about signing a memorandum between the Russian Patent Office Rospatent and the US Patent and Trademark Office (USPTO)

On June 2nd, 2010 in the Federal Service for Intellectual Property, Patent and Trademark Office held a meeting with the delegation of the US Patent and Trademark Office.

During the meeting issues of bilateral inter-agency cooperation, exchange of information regarding recent changes in legislation are been discussed. Both the sides noted that cooperation of Rospatent and the USPTO is characterized by high activity and is mutually beneficial.

Both the parties confirmed their intention to begin with respect to September 1st this year the superb project of “Accelerated patent office proceedings” (PPH)

In conclusion of this meeting, the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO) Mr.Sharon R. Barner and Russian Federal Service for Intellectual Property, Patents and Trademarks Rospatent Director Mr.Boris Simonov signed a Memorandum of Understanding (MOU) on comprehensive bilateral cooperation at Rospatent, which is intended in development of inter-agency relations, improvement of legal protection and use of intellectual property in Russia and the US, increasing public awareness of intellectual property, information sharing and capacity of developing agencies in the field of intellectual property.
The MOU establishes a general framework for bilateral cooperation between the USPTO and Rospatent with an improvement toward the administration and effectiveness of intellectual property systems in both offices through exchanges of information and best practices, and promoting the importance of IP for innovation and economic growth.
“Rospatent and the USPTO share many of the same goals, including improving the quality of patent and trademark examination and fostering IP awareness. This MOU commemorates the collaborative and cooperative relationship of our two offices, a relationship that we intend to cultivate and to develop even further," said Deputy Director Mr.Barner. "Also, with this MOU, Rospatent and the USPTO are contributing to the success of the Bilateral Presidential Commission. The Russian Minister for Economic Development Mr.Nabiullina and the U.S. Secretary of Commerce Mr.Locke consider this cooperation agreement an important deliverable to the Business Development and Economic Relations Working Group, which they co-chair."

If you have any queries concerning this issue please do not hesitate to contact us.

Sincerely Yours,
Mr. Alexander Leonov,
Director General, Patent attorney of the Russian Federation, Eurasian patent attorney,

New priority registration rules in domains.РФ

On 12th May 2010 had started a new stage of priority registration of domains.РФ which will last inclusive till the 30th September 2010.

From 12th of May 2010 onwards starts the possibility of priority registration of domains.РФ in which in course will become accessible to trademarks owners containing a verbal part of its symbols, distinct from Cyrillic.

Application for priority registration will be satisfied in the case, if the ordered domain name coincides with the verbal element of the trademark - after:

• exclusion of the unprotected verbal element from the trademark;
• transliteration and/or transcription of verbal element components of the trademark consisting letters of other alphabets;
• exclusion of the verbal element suffixes from the trademark designating domains of top level (for example,trademark-owner of «СОЛНЦЕ.RU» or «СОЛНЦЕ.РУ» has the right to order domain СОЛНЦЕ.РФ on the level with domain СОЛНЦЕРУ.РФ);
• exclusion from the trademark the verbal elements, executed by symbols of other alphabets, distinct from Cyrillic, and being the transliteration or transcription of similar TM element executed by Cyrillic symbols (for example, the trademark-owner of «Доменины Domeniny» have the right to register ДОМЕНИНЫ.РФ);

We accept advance orders on registration of domain names.РФ from this category of legal-owners.

From 15th July, domain-name can also be registered in the domain.РФ for priority order:
• Owners of rights to company names;
• Owners of exclusive rights to the use of place origin name for goods;
• Noncommercial organizations;• Mass-media communication.

Moscow’s international salon of innovations and investments

From 7th to 10th of September, 2010 in Gostini Dvor, will be held the X Moscow international salon of innovations and investments (invention, investitio-attractive innovations, hi-technologies)

Moscow international salon of innovations and investments is one of the largest in Russia and unique scientific and technical forum of inventors, modifiers and manufacturers of hi-tech production, investment projects in scientific-technological sphere and industry.

This salon is spent with a view of assistance to development of innovative activity, to modernization of the Russian manufacture, development in market the subject matters of intellectual property, perfection of patents and licensing, association of inventors interests, developers and manufacturers of hi-tech production and representatives of industrial and financial business of the Russian Federation, and abroad countries.

Organizers of this Salon are the Ministry of Education and Science of the Russian Federation, Government of Moscow, Federal governmental department «Scientific research institute — Republican research centre of scientific-consulting examinations».

We would like to invite you to participation in this X Moscow international salon of innovations and investments: both Russian & foreign scientific organizations and industrial enterprises, governmental science centers, institutes of Russian Sciences Academy, higher educational institutions, organizations and complex of defense-industrial enterprises, small innovative business enterprises, patent owners of perspective inventions, inventors, innovative projects initiators, representatives of enterprise circles who are interested in receiving commercial result from realization of competitive high technology production and innovative technologies; funds, techno-parks, innovative-technological centers, centers of international scientific and technical and innovative cooperation; venture funds, financial and consulting structures, which activity are assumed by participation in financing, realization and support of innovative high technology projects.

WIPO Director General Highlights Importance of IP for Innovation and Technology Transfer

Geneva, May 10, 2010PR/2010/640
The critical role of intellectual property as a tool for enabling innovation, the practical transfer of technology and industrial competitiveness were the focus of the remarks of WIPO Director General Francis Gurry to a key meeting of member states of the United Nations Industrial Development Organization (UNIDO) in Vienna today.
Mr. Gurry said that the intellectual property system played a key role in facilitating technology transfer by incentivizing investment in innovation, providing a framework for trading intellectual assets, and by establishing market order through marks and brands. He noted that the innovation landscape was “the subject of rapid and radical change” pointing to the intensification of investment in knowledge creation which had more than doubled in the past 15 years rising to some 1.1. trillion US dollars in 2009.

The Director General also highlighted the rapidly changing geography of technology production, noting that China had become the third largest investor in research and development. He highlighted, in particular, the experiences of Japan, the Republic of Korea and China which have experienced sustained growth in international patent applications. In 1994, these countries together accounted for 7.6% of international patent applications filed under WIPO’s Patent Cooperation Treaty (PCT) rising, fifteen years later, in 2009 to 29.2%.

The Director General also referred to the dramatic shift in models of innovation, and specifically, the arrival of open and networked innovation, which he said, “offers great opportunities for developing countries to share in innovation”. He emphasized that intellectual property in its broadest sense is a mechanism for translating knowledge into commercial assets noting that the means of production of knowledge was moving from the individual to the collective and from national to international.

Mr. Gurry said that the intellectual property system offers an essential framework for defining the rights and obligations of multiple participants in collective knowledge-generation and knowledge-sharing projects. The Director General also emphasized the importance of developing the infrastructure of the international intellectual property system as a means of increasing participation in the knowledge economy and reducing the knowledge gap.

WIPO and UNIDO are currently exploring opportunities to formalize and further strengthen their cooperation to leverage their respective expertise in support of sustainable development.

WIPO Unveils New Logo

Geneva, April 26, 2010PR/2010/638
WIPO unveiled its new logo on April 26, 2010 – a date which marks the 40th anniversary of the entry into force of the WIPO Convention and the 10th anniversary of World Intellectual Property Day. The new logo forms the cornerstone of a new visual identity for the Organization, in line with the new directions being taken to keep pace with the rapid evolution of intellectual property in the 21st century.
The new logo reflects the Organization’s dynamism and innovative spirit, and is a powerful symbol of WIPO’s revitalization and strategic reorientation. It is based on a graphic representation of the WIPO headquarters’ building, an iconic structure familiar to all WIPO member states and stakeholders. The color blue links the Organization with the United Nations. The seven curved lines represent the seven elements of IP, as set out in the WIPO Convention:
literary, artistic and scientific works,
performances of performing artists, phonograms, and broadcasts,
inventions in all fields of human endeavor,
scientific discoveries,
industrial designs,
trademarks, service marks, and commercial names and designations,
protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
The gathering sweep of the curves is inclusive - WIPO is an open forum, welcoming all stakeholders and points of view. The dynamic, upward pitch of the curves represents ideas, movement, and the progress which comes from innovation and creativity. This rests on a strong foundation, the name and acronym of the Organization, representing its long-standing role at the center of international IP policy. The logo’s clean modern lines reflect the trust, reliability and efficiency which are keys to WIPO’s corporate image.

Historical Background
The origin of the WIPO logo dates to 1962 when a design representing WIPO’s predecessor organization, the Unions Internationales Propriété Intellectuelle (UIPI), appeared on some of its publications. That image, similar to the WIPO logo, contained the acronym UIPI at the center. In 1963, that acronym was replaced by the acronym of the Bureaux internationaux réunis pour la protection de la propriété intellectuelle (BIRPI). Then, in 1964, the Director of BIRPI officially communicated the BIRPI logo, name and abbreviation to the member states of the Paris Union, for protection under Article 6ter of the Paris Convention for the Protection of Industrial Property.
In July 1970, the year the Convention Establishing the World Intellectual Property Organization entered into force, the WIPO logo was communicated to the member states of the Paris Union for protection under Article 6ter of the Paris Convention. Since then, it has appeared on the organization’s documents, publications, buildings and other related materials.

The International Day of Intellectual property

Majority of people know about the existence of intellectual property (IP), copyright, patents, industrial designs and trademarks in particular. However many still consider that these concepts are related to the sphere of business & rights and are insignificant for their day-to-day life. For eliminating this lack in 2000, the state-members of WIPO, have decided to form and to celebrate annually the International day of intellectual property. For this purpose they have chosen 26th of April–the day, when in 1970 the WIPO’s Convention establishment has come into force.
WIPO and its member-states annually celebrate the International day of intellectual property, holding meetings planned for this date, events and campaigns. Their purpose – is to achieve the best understanding in general public, what really represents IP, and to show, how the IP-system promotes not only development in music, art and show business, but also in creation of all products and innovative technologies which define the world surrounding us.
On April, 26th, 2010 WIPO celebrates the 10th anniversary of intellectual property’s International day. Theme of this anniversary year of IP International day is:
Innovations – Connecting the world
Couple of decades ago, to majority of people the world seemed huge and in many respects to be unknown. Knowledge was committed to paper, and it was very difficult to exchange them. Outside of cities access to foreign culture and art has been limited.
Rapid growth of innovations and their global use have changed our outlook. In limited hours we can hey-through continents. Almost from any part our globe we can access any information, using such compact devices that can go fit on our palm. The universal communication supported of web- and wireless technologies, has a great significance on the future. Noegenesis on the basis of world-wide web releases intellectual potential before the isolated societies, helping to reduce rupture in knowledge between nations. Modern means of videoconference technology reduces the necessity for business trips, reducing our carbon "prints". Mobile telephones already changed our life and society: mobile communication working on solar energy helps to find out diseases, which were earlier out of striking distances.
Quick processing and data exchange accelerates innovative cycle, promoting collective innovations and mutually advantageous cooperation between companies, research institutions and separate individuals. An innovative technology really creates a global society. The intellectual property system is a part of this binding process. It promotes information interchange, in particular, providing access to the file of technological know-how containing in free WIPO databases. It provides structure for trade and distribution of technologies. It offers initiatives for innovations and competition. It helps to build-up cooperation necessary for the decision of essential global problems which we face-such as climatic change and spiral requirement for energy.
Therefore WIPO is urged to ensure access, so that the intellectual property system continued to serve the most important purpose to encouragement innovations & creativity and so that the advantages of this system became accessible to everything, helping to put together the world.

New priority registration rules in domains.РФ

From 12th of May 2010 onwards starts the second stage of priority registration of domains.РФ in which in course will become accessible to trademarks owners whose trademarks contain a verbal part of its symbols, distinct from Cyrillic.

We accept advance orders on registration of domain names.РФ from this category of legal-owners.

Clients, filed with the advanced orders, can register their chosen domain name by 12th May; in case if there will be no other applications from other users. Domains, for registration with more then one applicant for the same trademark, will be exposed for special closed auction.

From 15th July’10, the following persons/entries for domain-name can also be registered in the domain.РФ on priority basis:
• Owners of rights to company names;
• Owners of exclusive rights to the use of place origin name for goods;
• Noncommercial organizations;
• Mass-media communication.

Methodical recommendations about work carrying out «Revealing and selection of perspective inventions»

Federal official department «Federal institute of industrial property of the Federal Agency of intellectual property, patents and trade marks»
(FGU FIPS)
The work purpose is propagation of invention and assistance to advancement of the Russian work-outs on the domestic and world markets by database replenishment «Perspective inventions» on the site of Rospatent and FGU FIPS in the Internet-network and uses of the information on inventions from this database for formation of the Russian expositions with the assistance of Rospatent and FGU FIPS in the International exhibitions and salons of inventions, new techniques and technologies held in the Russian Federation and abroad, for formation and publication collection «Priority directions in development of science and technologies and perspective inventions», in various specialized magazines, including magazine "Intellectual property".
Work consists in analysis of application materials and selection of inventions satisfying following criteria:
Conformity to priority directions in development of science and technologies in the Russian Federation, defined by Bases of a policy of the Russian Federation in the field of development of science and technologies for the period till 2010 and further prospect, confirmed by the President of the Russian Federation on March, 30th, 2002 N Pr-576, and since 2007 to the Federal target program «Scientifically-technological base of Russia» for 2007-2012, providing the accelerated formation of technological potential according to national priorities of technological development.
Priority directions of development of a science, technologies and techniques
1) Safety and counteraction to terrorism
2) Live systems
3) Industry nano-system and materials
4) information-telecommunication systems
5) Perspective arms, military and special techniques
6) Rational wildlife management
7) Transport, aviation and space systems
8) Power and power savings
Each of priority directions includes extensive area of researches and work-outs both fundamental, and search-applied character and includes critical technologies, work-outs and which use are directed on maintenance of interests of the state in sphere of national safety, economic and social development.
The list of critical technologies of the Russian Federation
1. Base and critical military, special and industrial technologies
2. Bio-information technology
3. Bio-catalytic, biosynthetic and bio-touch technologies
4. Biomedical and veterinary technologies of life-support and protection of the person and animals
5. Generic and post-generic technologies of creation of medical products
6. Cellular technologies
7. Nanotechnology and technologies of creation nanomaterials
8. Technologies of atomic engineering, nuclear fuel cycle, safe handling of radioactive waste and fulfilled nuclear fuel
9. Technologies of bioengineering
10. Technologies of hydrogen power
11. Technologies mechanotronics and creations of Microsystems techniques
12. Technologies of monitoring and forecasting conditions of atmosphere and hydrosphere
13. Technologies of new and renewed energy sources
14. Technologies of maintenance of protection and ability to live of population and dangerous objects at threats of terrorist displays
15. Technologies of processing, storage, transfer and information protection
16. Technologies of an estimation of resources and condition forecasting lithospheres and biospheres
17. Technologies of processing and recycling of technogenics formations and waste
18. "Know-how" of metals and alloys with the special properties, used by arms and military technology manufacture
19. Software "know-how"
20. "Know-how" fuel and energy from organic raw materials
21. Technologies of distributed calculations and systems
22. Technologies of decrease in risk and consequences reduction of natural and technogenics accidents
23. Technologies of creation of biocompatible materials
24. Technologies of creation of intellectual systems of navigation and management
25. Technologies of creation and processing of composite and ceramic materials
26. Technologies of creation and processing of crystal materials
27. Technologies of creation and processing of polymers and elastomer
28. Technologies of creation of new kinds of transport systems and managements
29. Technologies of creation of membranes and catalytical systems
30. Technologies of creation of new generations of space-rocket, aviation and sea techniques
31. Technologies of creation of electronic componential base
32. Technologies of creation of power saving up systems of transportation, distribution and heat and electric power consumption
33. Technologies of creation of power effective engines and propelling device for transport systems
34. Technologies ecologically safe resource-conserving manufactures and processing of agricultural raw materials and foodstuff
35. Technologies of ecologically safe working out of deposits and mining operations
Conformity to federal and departmental programs of technological re-equipment of the high technology directions in a national economy, being in full or in part in sphere of the state responsibility: the nuclear, space, aviation industry, separate sectors of defense-industrial complex, etc.;
Trail invention
A high technological level of invention in comparison with world analogues
Originality of technical decision
Urgency of the problem solved in the invention
Ready for use in manufacture
Useful in manufacture
Economic benefit
«Trail» invention - an outstanding invention to which in world practice the prototype did not precede, it opens new branch of science and techniques.
Example of trail inventions were: penicillin, plastic, laser-ray, synthesis of diamonds, etc.
To inventions having a high technological level, inventions concerning new directions of science and technicians can be carried; inventions corresponding to world level, and also inventions of diversified use.
The urgency of the problem solved in the invention, is estimated on its conformity to priority problems of economy, ecology and social policy, for example, improvement of quality and competitiveness of let out production, economy material and power resources, preservation of the environment, improvement of working conditions etc.
The conclusion about sufficient technical проработанности the invention and its readiness for use in manufacture can be made on presence in application materials of drawings of the invention, results of tests or results of trial approbation.
Invention, satisfying to criterion at least to one of the criteria listed in items 1 - 9, can be recognized by "perspective".
Order
Works on revealing and selection of perspective inventions
For work carried-out branch expert departments (further - expert department) select perspective inventions from among domestic fillings for inventions on which the decision on patent delivery is accepted. Thus simultaneously at the direction the expert department sends the applicant of the decision on patent delivery the letter, questionnaire, letter-order and the list of priority directions of development of science, techniques and technologies and critical technologies.
Cover of each business application recognized by the expert department perspective, expert marks "П".
The expert department monthly represents to department of economy of industrial property (department 45) lists of numbers of selected applications carried by them to the perspective.
The department 45 after reception of answer of the applicant containing the request for inclusion of its invention in a database «Perspective inventions» prepares about it the information for consideration on Commission created according to the Order on Rospatent from 7/4/2006 № 74. Commission sessions are spent not less often than once quarterly.
After acceptance by the Commission of corresponding decision to the patent-owner, the department 45 sends a letter about it.
The department 45 conducts and quarterly represents to Branch of work-outs of automated systems FGU FIPS of data on the selected perspective inventions for database replenishment "Perspective inventions" on the machine-readable carrier and in the Internet networks.

Global Trademark Community Lauds Obama for Supporting ACTA

NEW YORK, NY – March 2010 – The International Trademark Association (INTA) today announced its support for President Barack Obama as he underscores the importance of the Anti-Counterfeiting Trade Agreement (ACTA) and the United States’ commitment to protecting businesses and consumers around the world from intellectual property infringement.
The letter of support, highlights the fact that a strong economic future with sustained job growth, combined with tough intellectual property protections, will guard businesses and consumers in the global marketplace.
“The entire trademark community is pleased to see that President Obama has made the case for increasing protections for brand owners and consumers a top priority. Once complete, we are confident that ACTA will be a meaningful treaty that will increase protection against counterfeit products that threaten the health and safety of consumers,” said INTA Executive Director, Alan Drewsen.
About ACTA
In late 2007, in recognition of increasing challenges to combating counterfeiting and piracy, Australia, Canada, the European Union, Japan, Mexico, South Korea, Switzerland and the United States announced that they would begin negotiations on the Anti-Counterfeiting Trade Agreement, known as ACTA – a plurilateral agreement intended to establish a stronger set of common standards for intellectual property enforcement among the signatories of the Agreement.
INTA has expressed support for the general principles and objectives of ACTA, and in cooperation with the International Chamber of Commerce (ICC) has coordinated the effort of more than twenty national, regional and international industry associations, many of which are based in the negotiating countries, to provide the business perspective on topics under discussion by ACTA negotiators. The group has urged negotiators to deliver an agreement that will significantly improve the international enforcement by establishing stronger standards for government performance and more effective national regimes for protecting intellectual property rights.
In and on behalf of
Patent and law firm IPPro

Global Financial Crisis Hits International Trademark Filings in the past year

Geneva, March 2010
PR/2010/634
International trademark filings under WIPO’s Madrid System for the International Registration of Marks (“the Madrid system”) dropped by 16% in 2009 as a result of the global economic downturn, though increases were observed among some major users of the system, notably the European Union (EU) (3.1%) and Japan (2.7%), as well as in the Republic of Korea (ROK) (+33.9%), Singapore (+20.5%), Croatia (+17.5%) and Hungary (+14.5%).
WIPO received 35,195 international applications under the 84-member Madrid system compared to 42,075 in 2008. Similarly, international trademark registrations were down 12% on 2008 with a total 35,925 international registrations in 2009. Trademark registrations reflect the introduction of new products and services to the market and are sensitive to business cycles. The comparatively smaller decrease (-1.2%) in the renewal of international trademark registrations, compared to 2008, reflects the value of established brands at a time when consumers opt for goods that are tried and trusted. In 2009, 19,234 international trademark renewals were recorded.
Regional and National Filing Trends
The EU accounted for over half of the international applications received – some 21,824 - in 2009. This includes international applications filed through national trademark offices of the countries concerned and those filed through the Office of Harmonization for the Internal Market (OHIM) – applicants from the EU may opt to file through their national office or through OHIM. Some 3,710 international applications were filed through OHIM in 2009 representing a 3.1% increase on figures for 2008.
Marked declines in the filing of international trademark applications were evident in a number of countries in 2009, including the Czech Republic (-34.6%), Sweden (-34%), Italy ( 32.2%), Spain ( 29.9%), Denmark (-27.1%), Benelux (-26.2%), and Germany (-22.9%). Significant decreases were also recorded in international applications received from France (-16.5%), Austria (-15.7%), China ( 14.3%), the United Kingdom (-13.3%), the United States of America (USA) (-13.1%) and the Russian Federation (-10.3%).
Top Designated Countries
Madrid Union members were notified of 303,344 new designations (contained in new registrations or territorial extensions) in 2009, representing a 20% decrease compared to 2008 again reflecting the generally flat global economic conditions. When submitting an international trademark application, applicants must designate those member states in which they want their mark to be protected. Applicants can also extend the effects of an international registration to other members at a later date by filing a subsequent designation. In this way, the holder of an international registration can expand the geographical scope of the protection of a mark in line with evolving business needs.
The top six in the ranking of most designated member states remained unchanged. China (with 14,766 designations) continues to be the most designated country, followed by the Russian Federation, USA, Switzerland, the European Union and Japan.
The number of designations fell in all designated contracting parties, although a number of countries moved up the list of 40 most designated contracting parties. For example, Viet Nam moved from 24th to 21st position, Bosnia and Herzegovina from 33rd to 26th position, Azerbaijan from 36th to 32nd position, Georgia (from 35th to 33rd position) and Albania (from 40th to 35th position). Two countries entered the top 40 most designated countries in 2009, namely, Iran (37th) and Egypt (39th).
Active International Registrations
Over half a million (515,562) international registrations were active in the International Register at the end of 2009, containing some 5.6 million active designations and representing a 2.4% increase relative to 2008. These registrations belong to 169,939 right holders who are mostly small and medium-sized enterprises.
Membership of the Madrid System
The total number of member states of the Madrid system (governed by the Madrid Agreement (1891) and the Madrid Protocol (1989)) remains 84. After the ratification of the Madrid Protocol by Egypt, and the accession to the Protocol by Liberia and Sudan, the number of contracting parties of the Protocol has risen to 81. This means that now only three countries are bound by the Madrid Agreement only. An expanding membership and an ever wider geographical spread of the system make it a more attractive option for businesses operating in international markets.
Of the total number of international applications filed in 2009, 35.7% were transmitted to WIPO electronically; the transmitting trademark offices were those of Australia, Benelux, EU, Republic of Korea, Switzerland and the USA.
In and on behalf of
Mr.Samir, IPPro

Brands Tackle Cyber squatters in 2009, UDRP becomes Eco-Friendly

Geneva, March 23, 2010
PR/2010/635
Demand for WIPO’s dispute resolution services, in particular relating to cyber squatting cases, continued in 2009 with trademark holders filing 2,107 complaints under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), which at WIPO became a paperless operation at the end of 2009. While this caseload represents a 9.5% decrease over 2008, it covers the highest number of individual domain names in a given year (4,688) since the UDRP - a quick and cost effective way of addressing allegations of cyber squatting - was launched ten years ago.
Since the UDRP’s launch in December 1999, the WIPO Arbitration and Mediation Center (the Center) has received more than 17,000 UDRP-based cases. A total of some 31,000 domain names covering both generic and country code Top Level Domains (gTLDs and ccTLDs) have been handled by WIPO.
The UDRP has become accepted as an international standard for resolving domain name disputes outside traditional courts. Proposed by WIPO in 1999, it is designed specifically to discourage and resolve the abusive registration of trademarks as domain names, commonly known as cyber squatting.
Commenting on the success of the UDRP, WIPO Director General Francis Gurry said, “The UDRP has proven to be a pioneering and globally applicable low-cost alternative to court litigation. It offers a practical solution to the abusive registration of trademarks as domain names, a very real issue where the practical effect, legal status and desired outcome are normally not confined to any particular location,” said Mr. Gurry.
“Another key element of the UDRP’s popularity is the straightforward enforcement of panel decisions, without need for further judicial intervention, although this still remains an option. The UDRP can provide inspiration for alternative self-regulation in areas of commerce and other human activity that cross jurisdictional borders,” said Mr. Gurry. He noted, in particular, the relevance of a UDRP-type approach to resolving disputes arising from a range of uses of identity on the Internet, such as on social networking sites, auction platforms and in search engines.
Parties based in 114 countries were named in WIPO cases in 2009, up 10% on the previous year, reflecting the global reach of cyber squatting and WIPO’s services. In 2009, the Inter-Continental Hotel Group filed the largest UDRP dispute on record, involving 1,542 domain names in a single WIPO case.
Cases in 2009 were handled by 310 WIPO panelists from 46 countries. Although down 2% from 2008, English remained the most common language for WIPO proceedings (84%), largely because the majority of domain names involved were registered with US-based registrars.
Cases were also processed in 13 other languages, including (in order of frequency) Spanish, French, Dutch, German, Chinese, Italian, Japanese, Korean, Swedish, Polish, Portuguese, Romanian, and Turkish. The character set of the disputed domain names themselves remained overwhelmingly ASCII (English alphabet), with a small number of domain names in Chinese, Danish, French, German, Turkish and Spanish.
The United States of America (USA), France, the United Kingdom (UK), Germany, Switzerland and Spain remained the most frequent bases for complainants through 2009. The USA, UK, China, Canada, Spain, and the Republic of Korea were cited most frequently as respondents in alleged cyber squatting cases.
Among Top Level Domains, the .com gTLD remained the solid leader in terms of the number of domain names featuring in WIPO cases (87%).
Almost 24% of all cases filed in 2009 were settled prior to a panel decision. Of the remainder, 87% of the panel decisions ordered the transfer of the domain name(s) to the complainant (or cancellation of the name), and 13% denied the complaints, leaving the names in the possession of the registration holder.
Updated WIPO Precedent Tools
In 2009, the Center further enhanced its globally-consulted WIPO Legal Index of panel decisions by adding new search categories that track developments in case jurisprudence and reflect the evolution of domain name practices. New categories include Timing of rights; Pay-per-click and other landing pages; Prior knowledge/Notice of mark; Willful blindness; Constructive notice; Knew or should have known; Registrant search obligation.
The WIPO Overview of WIPO Panel Views on Selected UDRP Questions helps to ensure the consistency of WIPO UDRP filing and jurisprudence by distilling the Center’s cases and describing panel positions on important case issues. An updated Overview of WIPO Panel Views is under preparation and is expected to be available by mid 2010.

PS. Stage of registration priority in the domain.РФ is been prolonged
The Council of Coordination centre for national domain in the network had decided to prolong the Internet stage of registration priority in the new Russia national domain.РФ till 11th of May 2010.
Shortly the Council of Coordination centre will confirm the new position about registration priority, and then the second stage of registration priority for the domain.РФ will be opened.

In and on behalf of
Mr.Samir, IPPro

INTA Internet Committee Report: Substituted Service of Process by Electronic Mail

Active commercial websites owned by people and entities that conceal their identity and whereabouts by providing false information (often with the exception of a valid e-mail address), and/or by using proxy services that shield such information from public disclosure (hereafter, “fictitiously owned commercial websites”) threaten the ability to serve judicial documents swiftly (and therefore to institute legal action swiftly, if at all). Therefore, the prevalence of fictitiously owned commercial websites has resulted in increased abuses of intellectual property, online fraud and other illegal schemes, resulting in decreased consumer confidence in the stability and security of the Internet marketplace.
In 2007, the INTA Anti-Counterfeiting & Enforcement Committee (ACEC) contacted the INTA Internet Committee for its input on various policy proposals, including the feasibility of requiring domain owners to appoint an agent for service of process. The Internet Committee responded with the suggestion that national laws could be amended to allow for service of process through the contact points found in the Whois database. The ACEC accepted this recommendation which was included in its report to the Board in May of 2008.
In mid 2008, the proposal was referred to the Whois Subcommittee of the Internet Committee for further development and consideration. And in January 2009, the Electronic Service Working Group was formed from members of the Whois Subcommittee, with additional members from the Courts and Tribunals Subcommittee of the INTA Enforcement Committee.
The resulting report, Substituted Service of Process by Electronic Mail: Achieving Notice on Fictitious Owners of Commercial Websites for Access to Judicial Remedies, considers the prospects for streamlining the process necessary before an aggrieved party may undertake substituted service of process on the hidden owner of a commercial web site by electronic mail.
In September of 2009, the subcommittee’s proposal was presented to the INTA Policy Development & Advocacy Executive Council and the INTA Board of Directors Executive Committee and in November 2009 to the INTA Board of Directors taking a position on the issue:
1) Should the recommendation be limited to trademark infringement and cyber squatting cases?
2) What effect would the proposal have on non-trademark claims involving fictitiously owned commercial web sites?
3) Would other legal organizations and stakeholders support and/or have changes to the proposal?

Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’

Uninvited Guests at the Super Bowl: Illegal Counterfeits and Knockoffs

Trademark community warns consumers to buy genuine goods
NEW YORK, NY – March 2010 – International Trademark Association (INTA) today issued a warning to football fans hoping to buy official Super Bowl gear and offered tips on how to spot fake merchandise.
Counterfeiters are planning on taking advantage of loyal NFL enthusiasts this year, and INTA is committed to raising awareness on these fake goods and apparel. Illegal counterfeit goods promote child labor and fund organized crime. Counterfeit and knock-off goods also use sub-par materials that leave consumers with second-rate merchandise and take away jobs from legitimate manufacturers.
To help fans, INTA has compiled tips on what to look for when purchasing Super Bowl apparel and merchandise. Consumers should:
1. Shop in established stores and be wary of street and out-of-trunk vendors.
2. Research goods beforehand to know exactly what they want.
3. Not buy items of poor quality that have irregular stitching or uneven coloring.
4. Avoid items without an authentic logo or with an awkward looking label.
5. Not buy items with prices that are uncharacteristically low.
According to federal, state and local authorities, there were approximately 1,000 pieces of counterfeit NFL goods and a million dollars worth of non-NFL fakes sold illegally at last Super Bowl.
“In this troubled economy, it’s only natural for consumers to look for the best deals around. But when it comes to Super Bowl Sunday and authentic NFL gear, we urge consumers to buy from authorized retailers and trusted stores. Looking back, you’ll be glad that you purchased real merchandise to remember the 2010 Super Bowl,” said INTA Executive Director, Alan C. Drewsen.
On & in behalf of
Patent and Law firm ‘IPPro’

The third All-Russia Forum on «Intellectual property–XXI century»

On April, 2010 - ‘Days of intellectual property’ will be held in the Russian Federation.
As the central event of this program carrying out in Moscow, on 20-23th April, 2010 is provided to the All-Russia forum on «Intellectual property – XXI century». The forthcoming Forum will be the third specialized Forum concerning intellectual property.
This forum will be supported by the World Intellectual Property Organization (WIPO).
As organizers of this Forum have acted: Commercial & industrial chamber of the Russian Federation, the State Duma of Federal Meeting of the Russian Federation, the Ministry of culture of the Russian Federation, the Ministry of Education and Science of the Russian Federation, Rospatent, the Government of Moscow, the Russian state institute of intellectual property, the Russian author's society, Fund of preservation of a cultural heritage, Fund of support and development of education, creativity, culture, etc.
Within the limits of this Forum will take part twelve thematic section sessions («round tables») concerning the copyright, trademarks and other means of individualization, commercialization of technologies, etc.
On & in behalf of
Patent and Law firm ‘IPPro’

Approximation of EU and Russian Federation Intellectual Property Right aspects

General information
The EU- Russia project “Approximation of EU and Russian Federation Intellectual Property Right aspects” was launched in September 2009 and is implemented by the European Patent Office.
The main objective of the project, which will run in the next 12 months, is to examine the current Russian patent legislation and make recommendations on how to converge it with the European legislation as well as to develop patent guidelines that can be used by patent examiners at Rospatent. The project will also seek to streamline Russia’s patent application, registration and processing procedure to approximate them to the EU approach and facilitate the teaching of Intellectual Property economics in Russia. Moreover, the experts of the project will address the Russian system of granting supplementary protection for pharmaceuticals in the light of the current European administrative and judicial practice. This project is implemented under the Common Spaces Facility which is intended to facilitate dialogue in the framework of the four EU- Russian Common Spaces.

The project is designed to be of immediate and direct benefit to Rospatent, FIPS and RGIIS staff and of indirect benefit to patent applicants/ technology based companies and attorneys, and RGIIS students. In the longer term the project will be of benefit to Russian and European users of the patent system in Russia, and patent based commerce and trade within Russia and between Russia and Europe.


Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’

International exchange

The international exchange of the patent documentation which are carried out with patent departments of foreign countries and foreign information centers, within decades is one of sources of formation GPF. The exchange of official publications in the late fifties began the last century and throughout these decades qualitatively varied with development of a new information technology.

The exchange of the patent documentation is carried out taking into account such requirements, as: performance of the international obligations of Rospatent as international search body, and also the obligations following from the Contract on patent cooperation (РСТ); a supply with information of the state scientific and technical examination, according to "Position about the state patent fund", the confirmed order of Rospatent from 12/30/2005 № 156; maintenance of information requirements of broad specialists at carrying out of patent researches.
Now the international exchange passes to the modern, higher, qualitative stage of development connected with prompt development of electronic databases and search possibilities, refusal of an exchange of the documentation on firm carriers (paper, disks) both transition to reception and an unloading of the data directly from sites of departments and search systems or a different way of data transmission without firm carriers.
So since 2010 the European patent department has made decision to stop the edition of disks of series ESPACE WORLD containing complete descriptions of international demands РСТ, and also of some other series of disks. An unloading of patent documents from site ЕPO in 2010 it is planned to carry out in the automated patent-information system of Rospatent with use Open Patent Services (OPS).
The exchange of the patent documentation for the firm carrier proceeds also. As of January, 1st, 2010 the international exchange is carried out with patent departments of 57 countries and 6 international organizations. FGU FIPS, from its part, carrying out of the international obligations, also dispatches official publications on disks in foreign patent departments.
The patent documentation of foreign countries which is presented only on sites of patent departments of these countries and is accessible to free viewing and an unloading of the data, is unloaded for acquisition GPF directly from sites of departments. The decision on an unloading of the data is accepted separately on each concrete country.

Workshop Focuses on Improving Web Accessibility for Persons with Disabilities

Geneva, February 5, 2010
PR/2010/631
A workshop hosted by the World Intellectual Property Organization (WIPO) from February 2 to 5, 2010, brought together over 180 persons from some 32 organizations to promote awareness about accessibility for people with disabilities and to encourage webmasters within the United Nations system and other organizations to implement principles of accessibility in their daily work.
The workshop, co-organized with the International Telecommunication Union (ITU), was opened by WIPO Director General Francis Gurry, who underlined the importance of accessibility in general and reaffirmed WIPO’s commitment to establishing an accessible web environment that promotes easy access to intellectual property information.

This, Mr. Gurry said, is in line with WIPO’s visually impaired persons (VIP) initiative launched in 2008 to explore ways to facilitate and enhance access to literary, artistic and scientific works for the VIP community. The initiative’s website – www.visionip.org – is dedicated to disseminating information and exchanging views on this subject to all interested parties. Mr. Gurry noted that only 5% of all published works are currently available in formats accessible to the VIP community. He said WIPO and its member states are actively seeking to improve this situation.

WIPO member states have acknowledged the special needs of the blind, visually impaired and other print-disabled persons. The Organization’s key copyright committee, the Standing Committee on Copyright and Related Rights (SCCR), is currently considering a draft treaty that would create an enabling legal environment to address exceptions and limitations to international copyright law . Also, a stakeholders’ platform hosted by WIPO brings together representatives of organizations representing the blind and visually impaired community and publishers to facilitate import-export of published works in a trusted and secure environment.

Noting that an estimated 650 million people live with disabilities worldwide, ITU Secretary-General Hamadoun Touré underlined the need to ensure that people with disabilities have access to the opportunities offered by information and communication technologies (ICT). “The key to the information society is universal access and no one should be denied the potential benefits of ICTs, not least because they are hampered by their disabilities,” Dr Touré said. “ICTs have the great merit of serving as a powerful equalizer of abilities, empowering persons with disabilities to fulfil their potential, realize their own dreams and ambitions, and take their place as active members of society.” ITU focuses on a series of strategic issues ranging from the rights of the disabled, to making technical design standards accessible, to providing education and training on accessible ICTs.

Speaking at the opening session, Mr. Malcolm Johnson, Director of ITU’s standardization bureau highlighted the potential of ICTs in improving accessibility to persons with disabilities and noted that ITU has been “embracing the challenges of accessibility through standardization efforts and has long championed the principles of inclusion and Universal Design enshrined in the UN Convention.”

A first web accessibility workshop was hosted by WIPO in May 2009 following a request from the VIP community for WIPO to share its experience in implementing principles of accessibility. These workshops are in line with the United Nations Convention on the Rights of People with Disabilities which entered into force on May 3, 2008. Article 9 (g) and (h) of this Convention require that measures be taken to ensure that accessibility is taken into account in the design of new information technologies and systems.

This week’s workshop brought together experts from the World Wide Web consortium, Mobile web initiative, Yahoo!, Adobe Systems Incorporated and the Royal National Institute for Blind People. The workshop also featured a full day of training sponsored by Adobe.

Participants agreed on the need for an annual workshop to keep abreast of technological developments and to share knowledge and experience of the issue within the UN system.
In and on behalf of
Samir Rahman (IPProlaw)

International Patent Filings Dip in 2009 amid Global Economic Downturn

Geneva, February 8, 2010
PR/2010/632
International patent filings under WIPO's Patent Cooperation Treaty (PCT) fell by 4.5% in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries. Provisional data indicates that 155,900 international patent applications were filed in 2009 as compared to the nearly 164,000 applications filed in 2008.
"The decline in PCT filings is not as sharp as originally anticipated – last year's results bring us back to just fewer than 2007 levels, when 159,886 international applications were filed," said WIPO Director General Francis Gurry. "Interestingly, the rate of decline in international filings is lower than that experienced in some national contexts. This is an indication of a broad recognition that it makes good business sense, whatever the economic conditions, to continue to protect commercially valuable technologies internationally."
International patent filings in a number of East Asian countries continued to enjoy positive growth in spite of the challenging global economic conditions. Japan, the second largest user of the PCT, experienced a 3.6% rate of growth with 29,827 applications; the Republic of Korea (ROK), ranked fourth largest user of the system, experienced 2.1% growth with 8,066 applications; and China became the fifth largest PCT user with a strong growth rate of 29.7%, representing some 7,946 international applications.
International patent filings experienced a sharper than average decline in a number of industrialized countries. For example, the filing rate dropped by 11.4% in the USA and by 11.2% in Germany in 2009. Declines were also experienced in the United Kingdom (-3.5%), Switzerland (-1.6%), Sweden (-11.3%), Italy (-5.8%), Canada (-11.7%), Finland (-2.2%), Australia (-7.5%) and Israel (-17.2%).
The United States of America (USA) maintained its top ranking (annex 2), filing just under a third of all international applications in 2009 (45,790), followed by Japan (+3.6%, 29,827 applications), Germany (-11.2% or 16,736 applications), ROK (+2.1%, 8,066 applications), China (29.7%, 7,946 applications), France (+1.6%, 7166 applications), United Kingdom (-3.5% or 5,320 applications), the Netherlands (+3.0% or 4,471 applications), Switzerland (-1.6% or 3,688 applications) and Sweden (-11.3% or 3,667 applications).
Top Applicants:
Panasonic Corporation (Japan) returned to the top spot in the list of PCT applicants, nudging Hawaii Technologies, Co., Ltd. (China) into second place. Panasonic Corporation had 1,891 PCT applications published in 2009; China's Hawaii Technologies Co. Ltd. had 1,847, followed by Robert Bosch GMBH (Germany, 1586 applications), Koninklijke Philips Electronics N.V. (Netherlands, 1,295 applications) and Qualcomm Incorporated (USA, 1280 applications). Four Japanese companies, Panasonic Corporation (ranked 1st), NEC Corporation (ranked 8th), Toyota Jidosha Kabushiki Kaisha (ranked 9th) and Sharp Kabushiki Kaisha (ranked 10th) featured in the list of top 10 largest filers.
The University of California accounted for the largest number of applications published in the category of educational institutions. Most top-filing universities, however, experienced declines in the number of international patent filings in 2009.
Developing Countries:
The largest number of international applications received from developing countries in 2009 came from the Republic of Korea (8,066) and China (7,946) followed by India (761), Singapore (594), Brazil (480), South Africa (389), Turkey (371), Malaysia, (218), Mexico (185) and Barbados (96).
Developing countries make up over 78% of the membership of the PCT, representing 112 of the 142 countries that have signed up to the treaty and accounted for 14% of the total number of filings (with China and ROK accounting for 10%).
"In implementing the WIPO Development Agenda, WIPO is working very closely with member states to develop and roll-out projects that will enable all countries to reap the benefits of innovation and the knowledge economy" said Mr. Gurry. "In this context, maximizing participation in the PCT is a key priority. Membership of the PCT offers an opportunity for countries to bring their national patenting processes in line with international standards helping to create a more attractive investment environment. It further offers local companies a cost-effective means of obtaining patent protection in multiple countries" he added.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’