Columns
A three strikes and you’re out law withregard to illegal file sharing will comeinto force in New Zealand in September.It has attracted both strong support andbitter opposition
The greatest challenge – andopportunity – facing the business ofinnovation is to innovate around thebusiness models it employs
Equity investors are hot for the profitpotential of patents. IP holders arehoping that cool heads will prevail
Features
National governments are beginningto understand that patents can bepowerful economic weapons; notjust in encouraging local innovation,but also in setting the globaltechnological agenda
Damon Matteo has been guidingPARC’s IP strategy since 2002. During that time he has acquired a reputation as one of the world’s most innovative and influential chief IP officers
Each year, induction into the IP Hall of Fame is reserved for a select group of individuals. The achievements of the peoplechosen this year certainly matchthose of their predecessors
Although it is intangible, reputation allows businesses and executives operational freedoms that lead to very tangible results
Innovation is not the be all and end all of a successful economy. As the United States is currently discovering, without significantmanufacturing capacity, jobs disappear and living standardsdecline
The market for domain names is well established and highly lucrative; a market for patents has been harder to establish, but one is set to launch in the near future
IP investment models are changing.This poses challenges, some ofwhich are unique to private equityand others which are shared by allin the IP acquisition andmonetisation marketplace
In the last 10 years, new businessmodels exploiting IP assets haveemerged; but unmet market needs remain
The sea changes underway in the IP market – in particular, those involving patents – are increasingly having an impact on deal making insignificant M&A transactions
User-generated content has provedto be among the most successfulways of creating commercialintellectual property ever developed
Although the Chinese patenttransactions market is currentlysmall and relatively unsophisticated,over the coming years that is likelyto change
Industry insight
For executive management to have aclear understanding of its competitor’sintentions in protecting an invention, it is important to look at the patent’scitations, writes Bob Stembridge of the IPSolutions business of Thomson Reuters
Management report
The successful building and handlingof a strong pharmaceutical patentportfolio requires a great deal ofengagement and proactivity.Neglecting just one factor could besufficient to compromise an otherwisehigh-quality patent; a patent is only asstrong as its weakest link
The EU IP Rights EnforcementDirective makes interlocutoryinjunctive relief available whereinfringement has been attempted orwhere preparations for infringementhave been made. So, can the act ofseeking and obtaining marketingauthorisation or price approval for ageneric product qualify as anattempt to infringe or prepare forinfringement?
It is not always easy to gainownership of valuable IP assetsthrough one’s own inventiveness.As such, a key way of remainingprofitable and competitive is byacquiring licences from thelegitimate owners of IP assets. Inrecent years, many pharmaceuticaland biotechnology giants havebegun licensing Indian technology
The Bilski court held that abstractideas cannot be patented, butrecent months have provided clearindications that medical treatmentsand methods are patentable.However, patent applicants andpractitioners should not allow this todistract them from the otherrequirements for patenting; allclaims must still pass the novelty,obviousness and disclosurerequirements
Although supplementary protectioncertificates (SPCs) have beenavailable since 1993, uncertaintyremains concerning their grant,validity and scope. A number ofcases concerning the interpretationof some fundamental aspects of theSPC regulations are now before theEuropean Court of Justice
Although the period for the MexicanMinistry of Health to issueregulations on the approval ofbiocomparables has expired, thedraft regulations are still beingreviewed, with input from theMexican Association ofPharmaceutical Research and theNational Association of DrugManufacturers
Stem cells can “transform into adazzling array of specialised cellsthat make us what we are”. Assuch, they have great potential inmany different areas of health andmedical research, but theirpatentability has long been thesource of controversy
Insights
Microsoft has announced that it plans to pay US$8.5billion to acquire internetcommunications companySkype. Had previous ownersbeen as zealous in assessingSkype’s IP position asMicrosoft doubtless will be, itis unlikely that the deal wouldever have been done
A round-up of IP-related quotes, observations and opinions from the recent past...
In February 2011, the US SenatJudiciary Committee voted unanimously in favour of the America Invents Act. When the legislation went to the full Senate, it was passed by 95 voto five. Among the act’s most significant sections is one ending fee diversion from the selffunding US Patent and Trademark Office (USPTO).
