OHIM and Russian IP office to step up cooperation

The Director General of the Russian IP Office, Boris Simonov, said that he looked forward to closer links with OHIM as their “main IP partner in the EU”. In a video interview during an official visit by Rospatent to the Office, Mr Simonov described the current fast growth in interest in IP in Russia and their plans for wider international involvement.
During the visit to OHIM, on 29-30 June, Russia formally joined the Trademark Trilateral identification project, and the Rospatent delegation also discussed cooperating with OHIM on e-Business tools and the TMview joint database which currently provides trade mark data from 14 offices including OHIM and WIPO.

Video interview with Rospatent Director General Boris Simonov
http://oami.europa.eu/ows/rw/news/item1984.en.do

News from Patent Office of China

Circular on Strengthen IPR Protection of the 26th World University Summer Games of Shenzhen
SIPO, the Ministry of Education, the Ministry of Public Security and other six authorities jointly issued a Circular on Strengthen IPR Protection of the 26th World University Summer Games of Shenzhen, requiring strengthening IPR protection in five aspects including awareness, tasks, enforcement, coordination and popularization.

Under the circular, the relevant departments should grasp the importance and urgency of IPR protection with full understanding of implementation of national IPR strategy, carry out IPR popularization and training, released information of IPR protection on the games, and establish a good image of China's efforts on IPR protection.

Guiding Opinions on Copyright Asset Evaluation
In a bid to regulate copyright asset evaluation and facilitate culture creative industry development, the Guiding Opinion on Copyright Asset Evaluation, the first of its kind in China, will be implemented from July 1, 2011, according to China Asset Assessment Association.

The opinions regulate the criterion of evaluation in copyright asset definition, requirement, assessing object, operation requirement and disclosure. It preliminary solved the problems of evaluation complexity and time-effectiveness of copyright asset. It also solve the problem of China's lacking guidance in copyright asset evaluation.

Although International Valuation Standards has its single standard for intangible asset evaluation, there is no prescribing of copyright evaluation standard. The Opinion not only regulates the practice in particular specialty, but also fills the gap in this area.

Tian Lipu Met with JPO Commissioner Yoshiyuki Iwai

News from the WIPO

WIPO and India Partner to Protect Traditional Knowledge from Misappropriation
Geneva/New Delhi, March 22, 2011PR/2011/682
Representatives from 35 countries are in Delhi this week to explore how the success of India’s Traditional Knowledge Digital Library (TKDL) - a landmark project which protects India’s centuries-old traditional knowledge (TK) from misappropriation – could be emulated by interested countries.
In a statement to the three-day International Conference on the Utilization of the Traditional Knowledge Digital Library as a Model for Protection of Traditional Knowledge, co-organized by WIPO and India’s Council of Scientific and Industrial Research (CSIR), which opened on March 22, 2011, WIPO Director General Francis Gurry welcomed international cooperation in the fight against the misappropriation of TK. This was echoed by India’s Minister of Science and Technology, Earth Sciences, and Parliamentary Affairs Pawan Kumar Bansal.
Mr. Bansal informed the conference that international agreements with major patent offices around the world on the TKDL has been successful in challenging bids to misappropriate Indian TK, saying TKDL has been ”an immensely effective tool for the protection of TK…a powerful weapon to fight biopiracy.” The Minister said India is prepared to work with WIPO and interested countries in sharing its expertise on TKDL. Mr. Bansal welcomed WIPO’s initiative to organize an international conference on TKDL, and the Organization’s commitment to offer technical expertise in this area. As Minister responsible for CSIR, Mr. Bansal assured participants “all cooperation will be extended to all of you, in particular, to WIPO, so that countries rich in traditional knowledge and biodiversity, desirous of adopting TKDL as a model of traditional knowledge protection, are able to do so.”
Mr. Gurry praised India’s leadership in taking domestic and international action to combat misappropriation of the wealth of knowledge contained in its traditional medicine systems, such as Ayurveda, Unani, Siddha and Yoga.
He described the TKDL approach as complementary to the work currently underway in WIPO’s Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, where WIPO’s 184 member states are negotiating an international legal instrument to ensure the effective protection of TK and traditional cultural expressions, and to regulate the interface between IP and genetic resources.
“The IGC’s negotiations are about developing the international legal architecture. In parallel, however, there is an important supplementary role for practical initiatives, which can change the international landscape often faster than legislative or normative approaches,” said Mr. Gurry, noting “The TKDL is an excellent example of a technical platform which can work alongside legislative frameworks and support them. The TKDL is distinct from - but complementary to - the negotiations taking place in the IGC.”
The Indian TKDL project, developed over a ten year period, documented knowledge about traditional medical treatments and the curative properties of plants, which was contained in ancient texts and languages, and classified the information in a searchable database. The TKDL now contains 34 million pages in five international languages. By making this information available, via Access and Non-Disclosure Agreements, to six major international patent offices, the TKDL, coupled with India’s global bio-piracy watch system, has, according to the CSIR, achieved dramatic success in preventing the grant of erroneous patents, at minimal direct cost and in a matter of a few weeks.
Mr. Gurry said that India’s TKDL could be a good model for others and that WIPO was ready to facilitate international collaboration for countries which, inspired by the Indian example, were interested in establishing their own TKDLs. He cautioned however that there is no one-size-fits-all solution and that the Indian model might need to be adapted to the specific situation of individual countries, in particular where a community’s TK is held orally. The Director General observed that “The Indian Government holds the experience, expertise and technology in establishing TKDLs and has expressed a willingness to make this know-how available to other interested countries, for them to use and adapt as they see fit. WIPO, with its international contacts and expertise in identifying and managing the IP implications of documenting TK, as well as in ensuring coherence between such practical initiatives and the normative negotiations in the IGC, is ready to support these initiatives if countries so wish and catalyze collaborative partnerships if so requested."
The Director General said WIPO is in consultations with the Government to "internationalize" the TKDL - to help make available the Indian Government’s TKDL experience and know-how to other countries which plan to create their own TKDLs. He said "WIPO is prepared to assist beneficiary countries, should they so wish, to conclude access and non-disclosure agreements with international patent offices. Beneficiary countries would own and control access to their own TKDLs.”
CSIR Director General Samir K. Brahmachari and Director of the TKDL V.K Gupta reiterated India’s willingness to work with countries interested in similar models to protect their TK. Mr. Brahmachari said the challenge for the New Delhi meeting and beyond is to ensure that the great treasures represented in a nation’s TK is to ensure this knowledge serves future generations.

News from the US patent office

USPTO Announces Accommodations for Patent and Trademark Applicants and Owners Affected by Catastrophe in Japan
The United States Patent and Trademark Office (USPTO) today published an Official Gazette (OG) notice outlining special accommodations available to patent and trademark applicants and owners affected by the catastrophic events that took place in Japan on March 11, 2011.
“Our thoughts and prayers are with the people of Japan who continue to suffer from the effects of the earthquake and resulting tsunami,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “The USPTO is offering assistance in the form of flexibility on deadlines to the full extent allowable under our laws to Japanese applicants.”
The USPTO is providing relief, such as the following
For patent applicants and owners:
· For patent applications and reexamination proceedings pending in the USPTO as of March 11, 2011, having one or more inventors, an assignee or a correspondence address in areas of Japan affected by the earthquake and tsunami, in which a reply to an Office action (final, non-final, or other), a notice of allowance, or other Office notice is outstanding, and for which the statutory or non-statutory time period set for response has not yet expired, the USPTO will, on applicant’s request, withdraw the Office communication and reissue it, which will reset the time for responding.
· For patentees who were unable to timely pay a patent maintenance fee due to the effects of the earthquake and resulting tsunami on March 11, 2011, the USPTO will waive the surcharge for paying a maintenance fee during the six-month grace period following the window to pay the maintenance fee and the surcharge for accepting a delayed maintenance fee payment when the patentee files the maintenance fee payment with a petition to accept a delayed maintenance fee.
For trademark applicants and owners:
· For trademark applications and registrations with a correspondence or owner address in areas of Japan affected by the earthquake and tsunami as of March 11, 2011, in which a an Office action (final, non-final, or other), a notice of allowance, or other Office notice requiring a response is outstanding, the USPTO will, upon request, withdraw the Office communication and reissue it, which will reset the time for responding.
· For trademark applications and registrations with a correspondence or owner address in areas of Japan affected by the earthquake and tsunami as of March 11, 2011, that were abandoned or cancelled due to inability to timely respond to a trademark-related Office communication due to the effects of the earthquake and resulting tsunami on March 11, 2011, the USPTO will waive the petition fee (set by regulation, rather than statute) to revive the abandoned application or cancelled registration.

News from Japan

Handling of Procedures Affected by the Tohoku District - off the Pacific Ocean Earthquake (1st Report)
The following is information for the people who are unable to go through the prescribed procedures for patent, utility model, design or trademark applications etc. due to the Tohoku district - off the Pacific Ocean Earthquake that occurred on March 11, 2011.
1. Filing an Application
The JPO is accepting electronic applications as usual. However, if you are unable to file electronic applications due to the Earthquake, please carry out the Emergency Procedures (excluding PCT international applications) – in Japanese only.
For those people who cannot carry out the above-mentioned procedures, please prepare a written patent application form etc. and mail it through a nearby post office or submit the form at the Service Counter of the Application Support Division at the JPO.
2. Patent Applications or Trials Pending at the JPO
(1) Designated time limit
If you are not able to carry out the procedures for patent applications or trials pending at the JPO due to the Tohoku district - off the Pacific Ocean Earthquake within the designated time limit, please promptly carry out the procedures as soon as it becomes possible.
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(2) Legal Period
The period for carrying out the following procedures from (a) to (l) are provided by laws or cabinet orders. For those people who are not able to carry out the procedures within the prescribed period due to the Tohoku district - off the Pacific Ocean Earthquake, please carry them out within 14 days from the time it becomes possible. Please note, however, that this is limited to within six months after the lapse of the prescribed period. (With regard to (l), this is within nine months after the lapse of the prescribed period.)
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(a) Patent applications based on utility model registration [Art. 46bis (3) of the Patent Law]
(b) Late payment of annual patent fees [Art. 112bis of the Patent Law] [Art. 33bis of the Utility Model Law] [Art. 44bis of the Design Law]
(c) Request for trial against examiner's decision of refusal [Art. 121 (2) of the Patent Law] [Art. 46 (2) of the Design Law] [Art. 44 (2) of the Trademark Law]
(d) Request for retrial against final and binding trial decision [Art. 173 (2) of the Patent Law] [Art. 45 of the Utility Model Law] [Art. 58 (1) of the Design Law] [Art. 61 of the Trademark Law]
(e) Request for correction [Art. 14bis (6) of the Utility Model Law]
(f) Withdrawal of request for trial [Art. 39bis of the Utility Model Law]
(g) Request for return of fees [Art. 54bis of the Utility Model Law]
(h) Request for trial against examiner's decision of dismissal of amendment [Art. 47 (2) of the Design Law] [Art. 45 (2) of the Trademark Law]
(i) Request for renewal registration of duration of trademark rights [Art. 21 of the Trademark Law]
(j) Application for registering renewal of duration of rights based on defensive mark registration [Art. 65ter of the Trademark Law]
(k) Request for registration of reclassification [Art. 3 (3) of the Supplementary Provisions of the Trademark Law]
(l) Application for registering extension of duration of patent rights [Sec. 4 of the Patent Law Enforcement Order]

The Tohoku district - off the Pacific Ocean Earthquake was designated as a Specified Disaster in compliance with the provision set out in Article 2 (1), the “Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster”. As a result, the extension of period for procedures may be accepted for procedures other than the above (a) to (l) procedures, according to the provision, Article 3 (3), the Special Measures Act for Specified Disaster. Further details will be announced as soon as possible.

News from the Japanese patent office

Effects of the Tohoku District - off the Pacific Ocean Earthquake on the Release of IP Gazettes
March 18, 2011
Information Dissemination and Policy Promotion Division
General Affairs Department, JPO

For patent publication on DVD-ROMs to be released on Mar. 16 (Wed.), the Japan Patent Office (JPO) will release Patent Gazettes after 16 p.m. on the day, considering a disrupted production of DVD-ROMs due to the Tohoku district - off the Pacific Ocean Earthquake that occurred on March 11, 2011.
And the release of such IP Gazettes available on CD-ROMs as listed below will also be changed as follows:

Published Registered Design Applications (Annual Serial No. 10): Mar. 22 (Tue.) ⇒ Mar. 28 (Mon.)
Published Registered Trademark Applications (Annual Serial No. 10): Mar. 22 (Tue.) ⇒ Mar. 29 (Tue.)
Published Unexamined/International Trademark Applications (Annual Serial No. 10): Mar. 17 (Thur.) ⇒ Mar. 24 (Thur.).

However, other IP Gazettes will be released as scheduled for now.
For further time schedule the details will be announced on the JPO’s Website as soon as they become clear.
We apologize for any inconvenience this may cause you users, and your understanding and cooperation is greatly appreciated.

Letters on the current situation from Japan.

From: Brights_Info_Team
To: ip@ippro.ru
Sent: Tue, 15 Mar 2011 08:01:46 +0300
Subject: Our Current Situation(from Brights Consulting Inc.)

Dear Colleagues,
As you may have already known,　a massive earthquake has struck Japan on Mar.11 2010, causing major damage in broad areas in northern Japan.Even now in parts of Tokyo, communication links are still paralyzed.Fortunately, our members and our families are all safe.However, there have been unfortunate news from some of our clients,who face lost families, damages within the office, and difficultiesin sustaining regular operations.Moreover, due to the malfunctioning of the nuclear power plant,there will be planned rationing of power and the measure is expected to continue until mid April.Consequently, the banking operations in Tokyo may not be running assmoothly as desired and our remittance processing may therefore be affected.Upon the recovery of the banking operation, we will accordingly getback to the remittance procedure as soon as possible.Once again, we apologize for any inconvenience and thank you deeplyfor your warm support in helping us getting through the hard times.
Yours Sincerely,
Brights Consulting Inc.7F PMO Hatchobori,
3-22-13 Hatchobori,Chuo-ku,
Tokyo 104-0032, Japan



Re: Consolatory Letter - Our Current Situation (from Brights Consulting Inc.)
Tue, 15 Mar 2011 17:32:16 +0300
From: IP PRO

Dear Colleagues and Friends!
Kindly accept our deepest sympathy and regret the Disasters due to Massive Earthquake and Tsunami, which have hit Japan. We are closely monitoring developments in Japan and we are taking to heart the terrible situation together with all people in the world! We grieve the death of many thousand people and hope that missing persons should be rescued sooner or later. We wish your people patience and strength to cope with the consequences of disaster and courageously overcome difficult times! Please be assured that we understand the hard situation in Japan and we will do all the best to maintain our business relationships!

Sincerely yours,
Alexander Leonov (Mr.),
Director General
Russian Patent and Trademark Attorney Eurasian Patent Attorney

USPTO and USWCC to Host Women's Entrepreneurship Symposium in Honor of Women's History Month

Washington – The United States Patent and Trademark Office (USPTO) and the United States Women's Chamber of Commerce (USWCC) will host a women’s entrepreneurship symposium Friday, March 11, focused on women entrepreneurs, the importance of intellectual property protection for their innovations, and how to leverage economic opportunities for women-owned businesses. The symposium will be held from 9:00 a.m. - 6:30 p.m. at the USPTO headquarters in Alexandria, Va.
U.S. Senator Mary L. Landrieu (D-La.), chair of the Senate’s Small Business Committee, will serve as the symposium’s keynote speaker. Additional confirmed speakers include newly-appointed Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Teresa Stanek Rea and CEO of the U.S. Women’s Chamber of Commerce Margot Dorfman, as well as experts in intellectual property law, government leaders and successful entrepreneurs.
“Women-owned businesses make a significant impact on the U.S. economy and more attention needs to be given to identifying opportunities that support and encourage women to become entrepreneurs and innovators,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos.
According to the U.S. Department of Commerce’s (DOC) Economics and Statistics Administration (ESA), 7.8 million firms were owned by women in 2007, accounting for almost 30 percent of all non-farm, privately held U.S. firms. Women-owned firms had total receipts of $1.2 trillion that year, and firms with paid employees employed 7.6 million workers.
The symposium will offer networking opportunities with experts in the intellectual property field as well as government and industry representatives, who will help attendees gain insight into all facets of the business cycle. Agenda topics include intellectual property in the global marketplace, strategies to leverage intellectual property assets, accessing financial resources, driving business growth by leveraging business relationships, and federal contracting.Registration for this one-day event is $41.00 and includes all conference sessions and materials, light refreshments, a keynote luncheon and a networking reception.

WIPO Director General Addresses the Future of Copyright

Geneva, February 24, 2011PR/2011/679
WIPO Director General Francis Gurry today said that copyright needs to evolve to current technological realities or risk becoming irrelevant. Speaking at a conference hosted by Australia’s Faculty of Law of the Queensland University of Technology (QUT) on the future of copyright, Mr. Gurry said there is no “single magical answer” to the development of a successful policy response to the challenges facing copyright in the digital age, but a combination of “law, infrastructure, cultural change, institutional collaboration and better business models.”
Mr. Gurry said the central question facing the evolution of copyright policy is how to maintain a balance between availability of cultural works at affordable prices while assuring a dignified economic existence for creators and performers. Digital technology is having a radical impact on those balances. “Rather than resist it, we need to accept the inevitability of technological change and to seek an intelligent engagement with it,” he said. “There is, in any case, no other choice – either the copyright system adapts to the natural advantage that has evolved or it will perish.”
The Director General said there are three main principles that should guide the development of a successful policy response. The first is “neutrality to technology and to the business models developed in response to technology.” He said the purpose of copyright is not to influence technological possibilities for creative expression or the business models built on those technological possibilities, nor to preserve business models established under obsolete technologies. “Its purpose is…to work with any and all technologies for the production and distribution of cultural works and to extract some value from the cultural exchanges made possible by those technologies to return to creators and performers and the business associates engaged by them to facilitate the cultural exchanges through the use of the technologies. Copyright should be about promoting cultural dynamism, not preserving or promoting vested business interests.”
A second principle, he said is “comprehensiveness and coherence in the policy response.” Mr. Gurry recognized the limitation of law to provide a comprehensive answer and said that “infrastructure is as important a part of the solution as law.” In this respect, he said collective management societies “need to re-shape and to evolve“ as their present infrastructure is out-dated as “it represents a world of separate territories and a world where right-holders expressed themselves in different media, not the multi-jurisdictional world of the Internet or the convergence of expression in digital technology.”
“We need a global infrastructure that permits simple, global licensing, one that makes the task of licensing cultural works legally on the Internet as easy as it is to obtain such works there illegally,” he said.
In this respect, Mr. Gurry said “an international music registry -- a global repertoire database -- would be a very valuable and needed step in the direction of establishing the infrastructure for global licensing. And, secondly, in order to be successful, future global infrastructure must work with the existing collecting societies and not seek to replace them.”
The culture of the Internet also needs to be taken into consideration. Referring to the high rates of illegal downloading, Mr. Gurry said “In order to effect a change in attitude, I believe that we need to re-formulate the question that most people see or hear about copyright and the Internet. People do not respond to being called pirates…They would respond, I believe, to a challenge to sharing responsibility for cultural policy. We need to speak less in terms of piracy and more in terms of the threat to the financial viability of culture in the 21st Century, because it is this which is at risk if we do not have an effective, properly balanced copyright policy.” The third guiding principle for a successful response to the digital challenge is the need more simplicity in copyright. Mr. Gurry said “Copyright is complicated and complex, reflecting the successive waves of technological development in the media of creative expression from printing through to digital technology, and the business responses to those different media, “ warning “We risk losing our audience and public support if we cannot make understanding of the system more accessible.”

News from the US Patent and Trademark Office

January 31, 2011

U.S. COMMERCE SECRETARY GARY LOCKE NAMES NEW APPOINTMENTS TO PATENT AND TRADEMARK ADVISORY COMMITTEES
Washington, D.C. - U.S. Commerce Secretary Gary Locke today named new members to fill three vacancies on the Patent Public Advisory Committee (PPAC) and three vacancies on the Trademark Public Advisory Committee (TPAC).
The committees were created by the 1999 American Inventors Protection Act to advise the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) on the management of patent and trademark operations including goals, performance, budget, and user fees. Each committee has nine voting members who are appointed by, and serve at the pleasure of, the Secretary of Commerce. Each member serves a three-year term.
“The U.S. Patent and Trademark Office faces tough challenges as it works to reduce its backlog of patent applications, enhance patent and trademark quality and become more efficient,” U.S. Commerce Secretary Gary Locke said. “Input from these advisory committees is critical to our efforts to support American innovation, create U.S. jobs and make U.S. businesses more competitive in the global economy.”
The new and reappointed PPAC members are:
Louis J. Foreman: Founder and Chief Executive of Enventys, an integrated product design and engineering firm. Foreman has created five successful start-up companies in the last 20 years and is named as the inventor on nine U.S. patents. He volunteers his time teaching small business classes at Central Piedmont Community College. He founded The Inventors Network, a non-profit organization that provides education and networking opportunities to inventors. Foreman has previously served as a member of the PPAC, and is being reappointed for a new three-year term.
Esther M. Kepplinger: Currently serving as Director for Patent Operations at Wilson Sonsini Goodrich & Rosati, Kepplinger served for five years as the Deputy Commissioner for Patent Operations at the USPTO. During her tenure, she assisted in the development of policy for the patent examining corps, played an active role in trilateral meetings and projects, and led several international negotiations working with other patent offices and the World Intellectual Property Organization to draft agreements, rules and standards. She has 36 years of experience in intellectual property protection and spent 32 years at the USPTO. Kepplinger has previously served as a member of the PPAC for a partial term, and is being reappointed for a new three-year term.
Wayne P. Sobon, Esq.: As Associate General Counsel and Director of Intellectual Property for Accenture, Sobon is responsible for the global management of Accenture’s intellectual property matters, including patent procurement, portfolio management, trademark prosecution, licensing, client negotiations and contract shaping, dispute resolutions and litigation, and related intellectual property issues.
The new and reappointed TPAC members are:
Anne H. Chasser: Now Associate Vice President for Intellectual Property at the University of Cincinnati, Chasser was appointed Assistant Commissioner for Trademarks of the USPTO by President Clinton in November 1999 and confirmed by the Senate. Following the enactment of the American Inventors Protection Act of 1999, she was appointed Commissioner for Trademarks in March 2000 and remained at the USPTO until September 2004. During her tenure as Commissioner for Trademarks, trademark electronic filing was introduced and increased to 75 percent of total filings. Chasser has recently co-authored a book entitled Brand Rewind: Connecting Branding, Creativity, and IP Strategy.
Deborah A. Hampton: Currently an Intellectual Property Manager at Limited Brands, Hampton manages all phases of domestic and international prosecution, maintenance and enforcement of global trademark, domain name, trade dress, and patent and copyright portfolios for Limited Brands. She chairs the International Trademark Association (INTA) Trademark Administrators Committee and has been a Member of the Board of Directors of INTA.
Maury M. Tepper, III, Esq.: As an Intellectual Property Attorney, Tepper’s work includes all aspects of the creation, registration, maintenance and enforcement of trademarks, copyrights and domain names. He was the former Director and Trademark Counsel for GlaxoSmithKline and is an active participant in INTA, where he serves as chair of INTA’s U.S. Legislation Subcommittee. Tepper has previously served as a member of the TPAC and on the Board of Directors of INTA.
Other current PPAC members include:
Marc Adler, founder, Marc Adler, LLC
Maureen Toohey, founding member, Toohey Law Group, LLC
Benjamin Borson, President, Borson Law Group, PC
Steven Miller, Vice President & General Counsel, The Proctor & Gamble Co
Damon C. Matteo, Vice President Intellectual Capital Management, Palo Alto Research Center (PARC)
Other current TPAC members include:
Makan Delrahim, shareholder, Brownstein Hyatt Farber Schreck, LLP
Mary Boney Denison, founding partner, Manelli Denison & Selter, PLLC
Timothy Lockhart, member, Wolcox & Savage P.C.
John B. Farmer, founder, Leading Edge Law Group, PLC
Kathryn B. Park, senior counsel, General ElectricJames G. Conley, principal, Winnemac Consulting, LLC

USPTO Names Albert Tramposch Administrator for Policy and External Affairs
Washington - The United States Patent and Trademark Office (USPTO) today announced the appointment of Albert Tramposch as Administrator for Policy and External Affairs. In this role he will serve as a policy advisor to Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos, and will oversee the office’s work with Congress on major legislation to reform current patent law and practice, coordination and communication with intellectual property (IP) offices worldwide, and negotiation and implementation of international IP treaties.
Tramposch currently serves as Deputy Executive Director -- International and Regulatory, at the American Intellectual Property Law Association (AIPLA), a 16,000-member Association of IP practitioners and owners in the United States. He will start in this new position on February 14, 2011.
"The Office of Policy and External Affairs plays a vital role in so many aspects of what we do here at the USPTO, from developing domestic and international IP policy to overseeing our international work and our engagement with Capitol Hill," said Kappos. "We are very fortunate to have someone with Al's experience and expertise leading these efforts at this critical time for the USPTO and the intellectual property system."
As Administrator for Policy and External Affairs, Tramposch will oversee five key functions: (1) administration and support for external affairs, which will include all domestic and international IP policy-related operations; (2) congressional and legislative engagement, as carried out by the Office of Governmental Affairs; (3) education and training, as carried out under the Global Intellectual Property Academy (GIPA); (4) global IP leadership through administration of the IP Attaché Program; and (5) economic analysis, as carried out by the Chief Economist.Tramposch is former Director of Industrial Property Law at the World Intellectual Property Organization (WIPO) in Geneva, where he headed the WIPO team for the Diplomatic Conference for the Adoption of the Patent Law Treaty in 2000, and was responsible, inter alia, for the Standing Committee on Trademarks, the Standing Committee on Patents, and the Advisory Committee on Enforcement. Tramposch is a registered patent attorney in the United States, and in addition to private practice of intellectual property law, he administered programs in IP at George Mason University School of Law and John Marshall Law School, and served as law clerk to the Honorable Pauline Newman, U.S. Court of Appeals for the Federal Circuit. Recently, he acted as consultant to the Presidency of the European Union on matters relating to intellectual property and global challenges.

Technical Symposium to Address Access to Medicines, Patent Information and Freedom to Operate

Geneva, January 27, 2011MA/2011/57
The second in a series of joint - technical level - symposia organized by the World Health Organization (WHO), the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) will be held at the WHO on February 18, 2011. This meeting, which will be opened by the Directors General of the three co-organizers – Mrs. Margaret Chan, Mr. Francis Gurry and Mr. Pascal Lamy – will be preceded on February 17, 2011 by a workshop at WIPO on patent searches and freedom to operate.
The symposium on Access to Medicines, Patent Information and Freedom to Operate will address the growing importance of patent information for public health in the fields of freedom to operate strategies, procurement of medicines, technology transfer, and setting of research priorities and strategies. The event will raise awareness and provide insights on the availability and use of reliable patent information in the context of ensuring access to medicines. This follows a Technical Symposium on Access to Medicines: Pricing and Procurement Practices organized by the three organizations last July.
The objective is to highlight the importance of easy access to patent information for providing access to medicines; to show how patent information can be used in determining the freedom to operate for improving access to medicines; to explore what kind of patent information is required for this purpose; to explore to what extent this information is available and accessible; and identify information gaps that need to be addressed.
Participants are expected to be Geneva-based delegations to the WHO, WIPO and WTO, representatives of international and philanthropic organizations, experts on patent information, civil society organizations, and industry representatives that work with or are interested in learning more about health-related patent information. The symposium forms part of the on-going trilateral cooperation between the WHO, WIPO and WTO, which includes the implementation of the WHO Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property.
In addition, on February 17, 2011 a Workshop on Patent Searches and Freedom to Operate will be held on the basic concepts of patent searches and freedom to operate analysis.

News from the Patent Office of China

Peanut Milk Patent is a Tough Nut to Crack
A man in Suizhou, Hubei province, sued the State Intellectual Property Office (SIPO) for 5.4 billion yuan ($813 million) in compensation after it neglected to respond to an application he filed for a patent 15 years ago and then told him it was out of date.
Gong Baogui submitted his application for a patent on peanut milk production in 1995. He heard nothing afterwards and when he finally pursued the matter, the SIPO formally dismissed the case in February 2009 because the application was out of date.
He took the SIPO to court in 2010, demanding 1 billion yuan in compensation. The judges ruled in favor of the SIPO. He then decided to appeal against the decision, raising the amount of compensation to 5.4 billion yuan.
An appeal trial opened on Jan 6. The SIPO argued that a dismissal notice was issued on Sept 29, 2009 after Gong failed to respond to an earlier letter, dated June 8, 2009, regarding the application processing fee. The file on Gong's application was subsequently destroyed after he did not reapply for a patent within two years of the initial dismissal notice.
In reply, Gong said the notices were mailed to an address in Shanghai, while he resides in Hubei province. He claims the SIPO should be held accountable for mishandling his case.

Adidas Awarded 200,000 Yuan in Trademark Similarity Case
On January 4, 2011, Guangdong Dongguan Intermediate People's Court entered a firs-instance judgment on the Y-3 trademark case between Adidas and EXXEL International Group and Dongguan Advanced Material Company, ordering the two defendants to cease producing and distributing infringement products, delete relevant websites and pay Adidas 200,000 yuan in damages.
Adidas is the operator of Adidas products, and it registered several series of trademarks of Y-3. On April 2009, Adidas found a travel bag marked with Y3 trademark, and discovered its dealer is EXXEL. Adidas held that the two companies' action of using Y3 on products and websites constituted trademark infringement on the ground of its similarity in pronunciation and visual recognization.
The court held that the products in question are similar in function, use, target consumers and distribution channel. The defendants' acts of using both Y-3 and Y3 trademark on the package are enough to mislead and confuse consumers. So ordered.

China's Customs Seize Counterfeit Products Worth 120 Million Yuan
China's Custom has seized 2,153 patches of 38.36 million infringing cargos with 120 million yuan in goods value since the launch of the special campaign on IPR infringement, counterfeiting and piracy, according to the latest statistics released by the General Administration of Customs.
The Customs nationwide have made great progress in enforcement efficiency by waging inspection, taking tips or complaints on IPR infringement and stepping up administration enforcement. Hangzhou Customs, from October 2010, investigated eight cases and seized 10,924 tablets infringing IPRs of Viagra via post channel with the value of 546,000 yuan, seized some sport shoes in export investigation with a value of 760,000 yuan. Xiamen Customs, in November 2010, checked some CD/DVD players which were declared for export by a Shenzhen-based trading company, and found 9.7134 million cigarettes marked with Marlboro trademark, with 6.33 million yuan in goods value.

Use of Licensed Software in Chinese Companies Soars
China has achieved notable results in licensed software application, and the proportion of use of licensed software in Chinese companies soared. As of November 2010, 17,592 companies fared well in running only licensed software on their computers, 11,625 of which go legitimate in software use. State-owned companies continue to take the lead in using licensed software, according to the National Copyright Administration.
Among the 11,625 companies cleared for compliance, 129 are state-owned companies and 100 subsidiaries of theirs.

News from the Japan Patent Office

JPO begins campaign to eradicate counterfeited and pirated goods
The Japan Patent Office (JPO) is carrying out a “Counterfeited and Pirated Goods Eradication Campaign,” begun December 10, 2010, to raise consumer awareness of counterfeit and pirated goods. In recent years, the circulation of counterfeited and pirated goods through the Internet has been on the rise. This campaign seeks to introduce the reality and the harmful results of the damages incurred by consumers who casually purchase counterfeited and pirated goods by Internet shopping and other means, and thereby deter purchases of such goods. The campaign’s website carries damages reports, “Gallery of Fakes,” analysis of intellectual property rights, and other information. Visitors can experience a simulation of the damages purchasers of illegitimate goods may incur.

American company Amazon acquires patent for a service allowing people to refuse unwanted gifts and select other ones
People do not always like the gifts they are given. In response to this dissatisfaction and distress, the American online retail giant Amazon acquired a patent on a service allowing people to return and exchange gifts before they receive them. The service notifies the gift recipient by e-mail of who ordered the gift, contents of the gift, and other information and asks whether or not the recipient will receive the gift as ordered. Some have objected to the idea of returning gifts before they are even received (December 29, 2010).

China-Japan talks on distribution to begin in March; trademark registration rules and other topics on the agenda
The Chinese and Japanese governments have begun to make the final adjustments for “discussions for interaction,” to be held in Beijing in March 2011, regarding the challenges of goods distribution between the two countries. Registration of trademarks and deregulation in China, as well as other topics, are expected to be the main themes of discussion. The Japanese government wants to support the development of Japanese corporation’s business in China through these discussions.

Sony files against LG Electronics over patent infringement in smartphones—US news
According to Bloomberg’s report, Sony filed patent infringement claims with the United States International Trade Commission (ITC) against LG Electronics, seeking an injunction against LG Electronics’ sale of cellular telephones in the United States on December 28, 2010, US time. Bloomberg reports that Sony is suing because LG’s cellphones may be infringing upon Sony patents.

JPO to decrease examination request fees by 25%
It became known that the Japan Patent Office (JPO) began adjustments to lower its examination request fees by 25% (January 1, 2011). It will revise the cabinet ordinance and put the changes into effect in the summer of 2011. Because the number of patent applications has dramatically declined through the worldwide economic recession since the Lehman Shock, JPO will lessen the burden on corporations with these reductions and support research and development.

News from the Patent Office of China

Taiwan: First Reciprocal Cross-Straits Copyright Agreement Inked
Writers on the Chinese mainland are expected to collect royalties from Taiwan this year, according to an agreement between the China Written Works Copyright Society and China Audio-Video Copyright Association in Taiwan.
From 2011, the Taiwan organization is authorized to collect royalties from higher learning institutes and copy shops for copying books by mainland writers and file suit against those that do not pay.
It is the first reciprocal cross-Straits copyright agreement.

2011-01-10


Guangdong: Sixth Grader Has 15 Patents, Named to Science Academy
With 15 patented inventions, sixth-grade student Zhuang Yeyang from Shenzhen has been elected a member of the Junior Academy of Sciences.
The juvenile academic's school was also named as a model base for popularizing science.
The academy was founded in 1999 as a nonprofit organization to promote science and technology among teenagers. Thirteen young tech experts received the honor the first year.

2011-01-10


Guangxi: Nanning Authorities Roll up Printer Cartridge Operation
Nanning authorities recently seized equipment and more than 30,000 fake packages to make as counterfeited branded printer cartridges.
The site where packaging materials were made was in the business of printing sales literature and financial documents, according to its business license.
Yet during a recent raid in Guangdong province, packaging for fake Canon printers were found to have been made at the operation in Nanning.

2011-01-10


Chongqing: Fake Yamaha Parts Seized, 10 Suspects Arrested
Fake Yamaha motorcycle components worth more than 2 million yuan ($300,000) were seized at a market in Shapingba district recently and 10 suspects arrested for sale of counterfeits.
The sellers brought in fake parts from varied locations and then pasted on the Yamaha logo for resale.
A true Yamaha muffler is priced at around 300 yuan, yet a fake costs only 60 yuan wholesale.
One of the arrested suspects alone might earn nearly 2 million yuan annually, according to local police.
Not only illegal, the fake parts are also dangerous, said Guo Kunsheng, a local police officer.
"The infringement does damage not only to legal interests, but is also likely to result in road accidents due to inferior quality," Guo said.
The case is now under further investigation.

2011-01-10


Reshuffling China's Online Video-sharing Industry Amid Copyright Protection
Just about two months ago, with a few clicks of the mouse, Chen Ying was able to watch her favorite American TV series, The Vampire Diaries or Gossip Girl, online for free.
Like Chen, an employee of a foreign-invested company in Shanghai, many U.S. TV series fans in China have little choice but to watch video clips online because domestic cable channels do not broadcast copyrighted ones. Some even volunteer to upload clips onto video-sharing websites without any charges.
But now Chen can rarely find such unauthorized online videos of foreign TV series.
In November 2010, the State Administration of Radio, Film and Television (SARFT) announced a ban on any forms of trading and supplying unauthorized foreign TV series.
Along with the ban, the Ministry of Culture launched a six-month nationwide crackdown on counterfeiting in October to halt the theft of intellectual property rights (IPRS) and promote public awareness in IPRS protection.
In response, China's major video-hosting websites, including Youku.com, Tudou.com and Ku6.com, removed unauthorized foreign TV series videos.
A podcastor, using an online name "Xueselaoxie" on the Nasdaq-listed Youku.com, said some 7,000 unauthorized videos of American TV series he had uploaded were deleted by the website in one night.
To fans of foreign TV series, the ban might be a nightmare. But to the country, it was an important step in fighting IPRS infringement, said Li Yongqiang, assistant to CEO of Beijing Baofeng Inc., a provider of online video-hosting service.
Similar regulations were issued earlier. But never had they received as many reactions as did this one, Li said.
"I checked some portals after the ban became effective. Some websites removed all the unauthorized videos of American TV series in just one night," Li said.
"I believe the entire online video-sharing industry had realized the importance of a healthy development environment, and people's awareness of IPRS will be raised," Li said.
Following the order from the central government, many provinces beefed up their efforts in cracking down on online IPRS infringement.
In northeast China's Jilin Province, the provincial copyright administration shut down two websites, o2sky.com and imdj.net, after they were found illegally providing unauthorized videos of South Korean movies.
The ban has resulted in a reshuffle of online video-sharing industry in China, with major domestic websites gearing up to offer copyrighted imports of TV series and films.
Sohu TV offered many copyrighted online videos of American TV series, including Gossip Girl, the Big Bang Theory and Nikita, after signing agreements with Warner Bros..
Youku.com signed agreements with three major South Korean TV stations - MBC, KBS and SBS. It has also purchased rights from Warner Bros. to stream the hit movie "Inception," and charged five yuan (about 75 U.S. cents) for each view.
Additionally, Tudou.com is trying to produce its own films and TV series.
"From website operators to video producers, content copyright has become more crucial to the survival of video portals," said Li Shanyou, CEO of Ku6.com.
"It's good to protect IPRS, but I would still like to watch the TV series online for free," said Cui Shan, a citizen of Changchun, capital city of Jilin Province.
"Definitely there are markets for foreign TV series or movies in China," Cui said. "I think those websites should import more copyrighted movies and keep offering them at a low price to win markets."
China now has more than 200 million video website users and the market is growing, said Li Yongqiang. More paid online video programs will emerge as the cost of importing authorized films and TV programs rises.
Li said it is likely that video-sharing websites join hands to import copyrighted programs from overseas in order to lower the cost of watching TV series online.
"But after all, the spirit of the Internet is to share resources. So as China's online video industry becomes more regulated, more resources should be encouraged to be shared for free on the Internet, " Li said.

2011-01-10


Agreement Helps Mainland Authors to Collect Royalties This Year
The mainland-based China Written Works Copyright Society (CWWCS) signed a reciprocal agreement with Taiwan-based Chinese Oral and Literary Copyright Collective Management Association (COLCCMA). According to the agreement, from 2011, the COLCCMA will collect royalties from Taiwan's universities and copy shops for duplicating works of mainland authors.
The reciprocal agreement is an importance practice on the IPR cooperation between the two sides, said Fu Zhaoxiang, Board of COLCCMA. The COLCCMA has been a member of IFRRO, and China is ready to sign the agreement of its kind with associations of other countries and regions.

2011-01-06

Baidu Defeats 360 in Unfair
The Beijing No.2 Intermediate People's Court entered the first-instance judgment on the case between Baidu and 360, holding that Qizhi Software (Beijing) Company and Beijing Sanji Wireless Networks Company constituted unfair competition and ordering the two companies to compensate plaintiff for reasonably litigation charge and economic losses totaling 385,000 yuan.
Baidu sued 360 for unfair competition and sought 10 million in damages on August 2010. The court found that the defendant labeled Baidu toolbar and address bar as "malicious plug-in and software" in their 360 website, which the court believed falsely describe the software and misled users to delete. All the above mentioned acts constitute unfair competition. So ordered.

2011-01-06


Hu Jintao Stresses Innovation, SIPO Officials Awarded
On December 27, 2010, a national rally to honor model institutions and individuals that contributed to the successful hosting of the Shanghai World Expo was held in Beijing. Addressing the rally, Hu said that China should use the achievements accomplished from hosting the Shanghai Expo as part of the step-up efforts to assess the world's S&T development trend, foster new industry of strategic importance, vigorously develop clean production and recycle economy, cultivate creative talents, build an innovation-orientate country, facilitate industrial upgrades and promote people's living standard.
SIPO's Promotion and Coordination Department was awarded the one of the institutions contributing to the Expo. SIPO's Design Examination Department's Lin Xiaoyue, Promotion and Coordination Department's Zhu Jing, Patent Management Department's Wang Zhichao were awarded as individuals.

2011-01-06

PCT-PPH (CIPO ISA/IPEA) Pilot Project

January 2011
The Canadian Intellectual Property Office (CIPO) is launching a new Patent Cooperation Treaty (PCT) - Patent Prosecution Highway (PPH) pilot project (commencing on January 31, 2011, for a period of 2 years). As with other PPH initiatives, the pilot project will allow applicants to obtain patents faster and more efficiently. This pilot is based on PCT work products established by CIPO as the International Searching Authority (ISA) and/or the International Preliminary Examining Authority (IPEA).
Where all requirements are met, the applicant can make a PCT-PPH request to CIPO for accelerated examination of a corresponding national phase application (the CIPO application must have entered national phase on or after January 31, 2011).
CIPO's goal is to provide a first action (allowance or first substantive report) for qualifying requests within 90 days. Typically, first actions can take from 18 to 33 months, depending on the specialty. CIPO will also process requests for advanced prosecution under the PCT-PPH (CIPO ISA/IPEA) project free of charge.
Please note that the Office may terminate the PCT-PPH (CIPO ISA/IPEA) project if the volume of participation exceeds a manageable level, or for any other reason (notice will be published if the project is terminated before the identified end date).

News from the US Patent and Trademark Office

NOMINATIONS SOUGHT FOR NATIONAL MEDAL OF TECHNOLOGY AND INNOVATION

Washington – The Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking nominations for the 2011 National Medal of Technology and Innovation. The medal is presented each year by the President of the United States and is this country’s highest award for technological achievement.The Medal is awarded annually to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America’s economic, environmental and social well-being. By highlighting the national importance of technological innovation, the Medal also seeks to inspire future generations of Americans to prepare for and pursue technical careers to keep America at the forefront of global technology and economic leadership.

USPTO Creates “E-mail Hotline” For New Detroit Office Hiring News

Washington – The United States Patent and Trademark Office (USPTO) is streamlining hiring information for people interested in job opportunities at the agency’s new office in Detroit with the creation of an e-mail hotline. All details on job openings, requirements and experience needed, and how to apply will be included in official hiring announcements to be released in the spring. The new mailbox will help the USPTO quickly relay the latest job information to interested members of the public.
Plans for the Detroit office were announced in December by U.S. Commerce Secretary Gary Locke and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office David Kappos. The office represents the first phase of the USPTO’s Nationwide Workforce Program, an effort to hire more patent examiners and seek out additional resources and technical expertise in locations across the country.
The Detroit office will enable the USPTO to draw upon Michigan’s highly qualified workforce to help reduce the backlog of more than 700,000 patent applications. The office location and an anticipated opening date will be announced in the coming months.

Global Anti-Counterfeiting and Piracy Congress to Meet in Paris

Geneva, January 12, 2011
WIPO Director General Francis Gurry will be joined by his counterparts at INTERPOL, Mr. Ronald K. Noble, and the World Custom’s Organization (WCO), Mr. Kunio Mikuriya, as well as France’s Minister of Economy, Mrs. Christine Lagarde, at the opening of the Sixth Global Congress on Combating Counterfeiting and Piracy in Paris on February 2, 2011 to address the question of building respect for IP in a balanced and sustainable way. A number of ministers from around the world are expected to attend the Congress, in addition to other top government officials and corporate leaders.
Hosted by France’s National Industrial Property Institute and chaired by WIPO, the Congress is co-convened by INTERPOL and WCO, in co-operation with the world’s business community represented by the International Chamber of Commerce through its Business Action to Stop Counterfeiting and Piracy initiative, and the INTA. The Congress is being held under the High Patronage of the President of the French Republic.
Under the theme ”Building Respect for IP: Sustainable Solutions to a Global Problem,” discussions at the Global Congress will focus on a balanced approach to combating counterfeiting and piracy, including with a view to underscoring the link between building respect for intellectual property and sustainable development. Overall, the Congress will seek to create a better understanding of the elements underlying the trade in illegitimate goods, and to discuss sustainable solutions to stop it. Discussions will be wide-ranging – from the growing menace associated with internet trade to the role of corporate responsibility in nurturing respect for IP.

Fourth Review of Iceland's Economic Recovery Programme approved by IMF Executive Board

01/10/11
The Executive Board of the International Monetary Fund (IMF) today approved the fourth review of the Economic Recovery Programme agreed by the IMF and the Icelandic government. This opens the way for disbursement of the fourth tranche of the Fund's loan provided to the Icelandic government which amounts to around ISK 19 billion. In addition, financing assurances by the Nordic countries are also expected to be forthcoming following the review.
Upon the conclusion of the review, the Icelandic government sent the IMF a new Letter of Intent, describing Iceland's economic policy. The Letter addresses that an economic recovery is gradually taking hold, apparent by the continued stability of the krona, a declining debt path, and falling inflation. Trade surpluses have allowed authorities to begin purchases of foreign currency to bolster reserves. Recent indicators suggest that demand is slowly picking up, and growth is expected to turn positive in 2011.
The government's economic strategy is based on four main pillars. Firstly, major effort is devoted to rebuilding a solid financial system which can fulfil the needs of household and corporate customers. Secondly, the financial position of the Treasury and the public sector needs to be reinforced. The recently passed budget for 2011 is a key factor and a stronger primary balance than expected will be delivered. In the third place, further steps need to be taken in relaxing capital account controls and determining the outlines of long-term monetary policy. Fourthly, mitigation of household and corporate debt must be ensured with the active participation of credit institutions. New legislation on foreign denominated loans and an agreement between the government, financial institutions and pension funds regarding measures for household debt relief lay the foundation for the debt restructuring that now must be accelerated. Furthermore, an agreement has been reached regarding a new framework for accelerating voluntary debt restructuring of small and medium enterprises. The objectives of the economic programme are to ensure sustainable growth and long-term economic opportunities.
"The approval of the Review is an important milestone," said Árni Páll Árnason, Minister of Economic Affairs. "We appreciate the positive feedback from the Fund regarding the disciplined austerity measures put forth by the government and our handling of economic policy. By accelerating private debt restructuring we pave the way for economic recovery in the coming months and further strengthen the financial sector."

The name of Hungarian Patent Office has changed to Hungarian Intellectual Property Office as of 1 January 2011

By virtue of Act CXLVIII of 2010, the name of the Hungarian Patent Office has changed to Hungarian Intellectual Property Office (HIPO) as of 1 January 2011, in conformity with the Office's wide range of activities, including all titles of industrial property and copyright.
The provisions concerning the competence of the Office have also changed reflecting its extended range of tasks as a result of the amendments. The tasks to be performed by the HIPO cover the registration and supervision of collective rights management organizations. Besides, they cover the contribution to the establishment of a uniform nation brand and the enhancement of the reputation of the typical Hungarian products. The tasks related to the operation of the National Board Against Counterfeiting have now been explicitly regulated by law.
The Act has renewed the opinion-giving body of the president of the HIPO, currently operating under the name of Hungarian Council for the Protection of Intellectual Property, under the new name of National Intellectual Property Council.

Amendments to section 31 of the Trademarks Act – representatives and powers of attorney

The amendments to section 31 of the Finnish Trademarks Act entering into force on 1 January 2011 requires that a trademark applicant or proprietor not domiciled in Finland must have a representative resident in the European Economic Area. At the application stage, it is sufficient to submit a power of attorney authorizing a representative to represent the client in all matters concerning the application. When the trademark is registered, the proprietor of the trademark must however have a representative resident in the European Economic Area who is authorized to represent the client in all matters concerning the trademark and is entitled to receive summons etc. on behalf of the client in all matters concerning the trademark. The power of attorney submitted at the application stage is therefore no longer sufficient for the registered trademark.
When you are filing an application, we recommend that you submit a power of attorney authorizing the representative to also represent you after the registration. No office actions will then be necessary at the end of the processing of your application because of deficiencies in the power of attorney, and the registration proceeds smoothly.

News from the Japan Patent Office

TM view adds data on Bulgarian domestic trademark applications and registrations
TMview added domestic trademark data (application and registration information) for Bulgaria to its searchable database. With the addition of Bulgaria’s domestic trademark data (approximately 79,000 cases), TMview’s stored data includes more than 4.7 million items. What is TMview? TMview is a free online trademark search service offered from April 13, 2010. It offers data for the following countries and organizations: OHIM, WIPO, Great Britain, Czech Republic, Italy, Benelux, Portugal, Denmark, Spain, Slovakia, Slovenia, Estonia, Bulgaria.

China to have world’s greatest number of patent applications in 2011
In the large international information provider Thomson-Reuter’s recently published analysis and research report on intellectual property rights, it was reported that China would surpass Japan and the United States for the number of patent applications filed in 2011, becoming top in the world. At this point, Japan is the world’s foremost in this category. China rose to third place in 2007.

Opponent party of Otsuka Pharmaceutical Co., Ltd. appeals against patent suit regarding Otsuka Pharmaceutical’s “Abilify”
On December 16, 2010, Otsuka Holdings announced that Teva Pharmaceuticals USA and others had appealed the decision of a patent suit which Otsuka Pharmaceutical Co., Ltd . had filed and won in a first hearing on November 15, 2010, concerning the antipsychotic “Abilify”

Nokia sues Apple regarding British, French, and Dutch patents
On December 16, 2010, the world’s largest cellular phone maker, Nokia, again filed suits in Great Britain, Germany, and the Netherlands against Apple for violation of patents in relation to smartphone patents. Nokia claims that Apple products such as the iPhone infringe upon its patents related to touchscreens, noise suppression, and other features.

Greenland will join the international trade mark and design system from 11 January 2011.

Greenland is becoming party to the Madrid Protocol concerning the international registration of trade marks and the Geneva Act of the Hague Agreement concerning the international registration of industrial designs from 11 January 2011.
This means that future international registrations in which Denmark is designated include Greenland.

Entry into force of the Swiss Code of Civil Procedure (CPC) und arbitral decisions

The Swiss CPC enters into force on 1 January 2011 (Harmonizing civil procedure legislation). The new act replaces the 26 cantonal civil procedure legislations. Based on the Concordat of 27 March 1969 concerning arbitration, the third part of the CPC (Art. 353 ff CPC) regulates arbitration cases internal to Switzerland (German BBl 2006 7221, 7240, French, Italian).

In this regard, we remind that the IPI can only enforce arbitral decisions if a certificate of enforceability is produced (PMMBl 1976 I, 9, 10). Pursuant to the new Art. 356 CPC, the Canton of the arbitration court designates a high court which is competent for the said certificate concerning the arbitral decision.