Industry insight
Although less well known and certainlyless well used by foreign companies, theChinese utility model patent systemoffers a potentially useful andstrategically valuable route for protectionof inventions, writes Bob Stembridge, themanager of customer relations at the IPSolutions business of Thomson Reuters.
This issue's featured industry data includes key patent metrics for companies in the Industrials Industry.
Management report
In Germany, “trade secrets” comprise a broadvariety of information, including technicalknow-how, commercial data and otherbusiness information. Examples ofinformation that can constitute a trade secretinclude lists of addresses, documents ofcommercial offers, composition of materials,sources of supply, computer programs andtheir source code, information aboutproduction processes, lists of customers orsuppliers, market research data, pricecalculations and drawings.
A “trade secret” is defined as anyproduction method, sales system or otheruseful technical or operational informationrelated to a business activity that is notknown to the public and that has been keptin confidence (Section 2(6) of the UnfairCompetition Prevention Act).
There is no statutory definition of a tradesecret in the United States. However, thereis a trend towards achieving someuniformity, with 46 states having adoptedvarious statutes modelled after the UniformTrade Secret Act (UTSA). The UTSA is amodel law drafted by the NationalConference of Commissions on UniformState Laws. States that have not adopted theUTSA (eg, New York), have adopted theirown state statutes and/or continue to applycommon law.
The Mexican legal system establishesprotection for some, though not all,information. The elements that any giveninformation must include in order to beconsidered as a trade secret are set out inArticles 82 and following of the IndustrialProperty Law.
Features
The true value of a patent is anelusive concept which is tricky topin down. While hard data canassist in a valuation, it is moredifficult to predict the influence thatmore intangible elements will haveon market price.
The achievements of IP Hall ofFame inductees set them apartfrom the crowd. Those who havemade it into this elite group thisyear are no exception.
Companies that sustain high annualgrowth rates in patent applicationsin comparison to their peers exhibitgreater long-term revenue andmarket share growth.
Goldman Sachs has been clear formany years that its reputation is akey corporate asset. But recentevents have shown that having suchawareness is not always enough.
It is relatively easy to identify thesellers at the public IP auctionsorganised by Ocean Tomo between2006 and 2009, as well as theprices they achieved. But findingout who did the buying has beensignificantly harder – until now.
Brands that are not used but keptalive in company books are notdead – they are wasted moneymakingopportunities.
Although there are many groups andorganisations that represent avariety of IP professionals andinterests, there is currently nothingout there that focuses specifically onIP strategy and strategists. However,that could be about to change.
Insights
It is clear that a single EUpatent and unitary court systemare essential if Europe is ever tobe a truly single market, letalone a dynamic centre ofworld-class innovation. But thatdoes not mean they areinevitable.
Intangibles crucial to M&A success, report claims.
Columns
Former chief IP execs at Microsoft, HP,IBM and Apple were asked to weigh in onpatent performance. What they had tosay may surprise you.
A brief cameo appearance on thelegislative stage yields mixed reviews,but also some observations and insights.
Although a recent decision regardingGoogle AdWords issued by the Court ofJustice of the European Union was notgreat news for brand owners, it couldhave been a whole lot worse.
