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.