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    TTC newsletter Volume 4 TTC newsletter Volume 4 Document Transcript

    • Learn More about TT Consultants
    • NEWS INDIA NEWS CHINA NEWS JAPAN EDITORIAL HEADLINES INDIA  US puts India, Pak on IPR watch list  Planning Commission calls for grant of more compulsory licenses to ensure drug security  Import of patented goods without IPR holder’s authorisation okay: Finmin  Suven Lifes NCEs receives patent from Japan, Australia, Europe & Eurasia  Venus Remedies carbapenem and aminoglycoside antibiotic combo gets South African patent  Transgene Biotek gets satisfactory results from its TrabiOral technologies  India’s Copyright Amendment Bill passed  HC asks Mumbai firm to pay Rs 2 lakh to Microsoft HEADLINES CHINA  New measures for compulsory licensing in force  Google wins Chinese approval for Motorola Mobility bid  Vycor Medical Granted Patent Rights for View Site Brain Access System in China  Golf R Cabriolet Debuts in Chinese Patent Office  Thwapr Takes Steps to Protect Its Patent-Pending Technology in China  Arcadia Biosciences Receives Second Key Chinese Patent for Nitrogen Use Efficiency Technology  Farmer applies for patent on do-it-yourself RV  Apple Wins Design Patents in China & Smart Cover TM in US HEADLINES JAPAN  Fluxomes new patent unveils opportunities in Japan  Nichia Appeals Against Japan Patent Office’s Ruling on Everlight Case  Japanese court invalidates a number of claims on two Universal Display Japanese patents  Bone Medical Granted Japanese Patent  Japan Patent Office to Accept “Dietary Supplements” in Class 5  Taiwan-Japan PPH Effected on May 1, Patent Examination Duration Reduced from 41 to 12 Months  Secrets of patent applications in Japan revealed  Suven Life Sciences Gets 4 Product Patents In Japan, Australia, Europe And Eurasia EDITORIAL TTC UPDATES© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS INDIA US puts India, Pak on IPR watch list The US government has put India, China and Pakistan along with 10 other countries on the "intellectual property watch list" for failing to prevent the theft of copyrighted property. Other nations on the watch list are Canada, Argentina, Algeria, Chile, Indonesia, Israel, Russia, Thailand, Ukraine and Venezuela. These countries will be the subject of particularly intense bilateral engagement during the coming year, US Trade Representative Ron Kirk said in a statement, releasing the annual "Special 301" Report on the adequacy and effectiveness of US trading partners protection and enforcement of IPR. Read More Go To Top Planning Commission calls for grant of more compulsory licenses to ensure drug security The Planning Commission has called for getting more compulsory licenses issued for patented and expensive drugs with a view to build up drug security in the country. “In consultation with concerned Ministries, local production of bulk drugs and vaccines should be encouraged to build “drug security” in the country. The Ministry of Health and Family Welfare should identify and get compulsory license issued for patented expensive drugs required for public health programmes, and encourage their manufacture in the country,” according to the report of the Steering Committee of the Planning Commission, ahead of finalising the Plan document. In March, the Patent Office had granted the country‟s first compulsory license to Hyderabad-based drug- maker Natco, allowing it to make and sell in India, a similar version of Bayers Nexavar, an advanced kidney cancer drug. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS INDIA Import of patented goods without IPR holder’s authorisation okay: Finmin Imports of goods protected by patent or trademarks are permitted even without authorisation of the Intellectual Property Rights (IPR) holder, according to the finance ministry. The clarification was given with the dispute between global personal computer maker Dell and traders who were sought to be stopped by the US-based company, which claimed the shipment would lead to infringement of its IPR, as the backdrop. The directive from the Central Board of Excise and Customs (CBEC) follows representations from the traders seeking clarity on the issue, also referred to as „parallel imports‟. The CBEC has directed the customs officials to decide cases of parallel imports on the basis of the concerned legislation which do not forbid parallel imports. Read More Go To Top Suven Lifes NCEs receives patent from Japan, Australia, Europe & Eurasia Suven Life Sciences Ltd (Suven), Hyderabad-based biopharmaceutical company, has received four product patents, one each from Japan (4886522), Australia (2008315309), Europe (2200980) and Eurasia (16015) corresponding to the New Chemical Entities (NCEs) for the treatment of disorders associated with neurodegenerative diseases and these patents are valid through 2024 and 2027. The granted claims of the patents include the class of selective 5-HT compounds discovered by Suven and are being developed as therapeutic agents and are useful in the treatment of cognitive impairment associated with neurodegenerative disorders like Alzheimer‟s disease, attention deficient hyperactivity disorder (ADHD), Huntington‟s disease, Parkinson and schizophrenia. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS INDIA Venus Remedies carbapenem and aminoglycoside antibiotic combo gets South African patent Venus Remedies Limited, a leading research based global pharmaceutical company, has received its first patent for a novel antibiotic combination of carbapenem and aminoglycoside from CIPRO (Companies and Intellectual Property Registration Office) South Africa. Overall, Venus has a total tally of over 80 patents for its innovative research products across the globe. The company is working on innovating new technologies and drugs to eradicate the most fatal diseases in the world. Commenting on this achievement, Dr Mufti Suhail Sayeed, vice president - VMRC, Venus Remedies Limited said that the company has made considerable progress to treat serious multi-bacterial infectious diseases through its novel antibiotic combination of carbapenem and aminoglycoside. Read More Go To Top Transgene Biotek gets satisfactory results from its TrabiOral technologies Transgene Biotek has received satisfactory results from its proprietary oral delivery technology, TrabiOral, for the delivery of insulin in the animal efficacy studies conducted on diabetic rats in Hyderabad recently. TrabiOral demonstrated sustained optimal glycemic levels for around 10 hours following the oral dosage of insulin. TrabiOral has shown controlled and sustained release of the active molecules, which would result in much better control of administration through maintenance of steadier plasma levels, and often decrease side effects by reducing peak plasma levels. TrabiOral is the result of over 10 years of intense R&D work by Transgene on oral delivery technologies, and combines several novel inventions to produce an orally active transport system that is capable of transporting insulin and other drugs across the intestinal epithelium into systemic circulation. The company has filed patents on this breakthrough technology platform Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS INDIA India’s Copyright Amendment Bill passed Copyright Amendment Bill has been passed by Indias upper house of parliament bringing cheer to music directors and lyricists who will now have a share of the profits earned from their work. This is a hallmark moment for Indias creative industry. Thursday 17th May 2012 was a victorious and historic day for Indian music composers, directors, musicians, lyric writers and all other copyright holders involved with Indian music. The Rajya Sabha (Council of States) which is the upper house of the Parliament of India passed the much talked about bill amending Copyright laws in India. The Bill got passed with support from RS member Jaya Bachchan, BJP‟s Arun Jaitley, Congress‟s Kapil Sibal and Left members. Read More Go To Top HC asks Mumbai firm to pay Rs. 2 lakh to Microsoft The Delhi High Court has stopped a Mumbai-based firm from selling computers loaded with Microsoft software programmes like Windows 7 etc and has imposed a fine of Rs 2 lakh on it for breaching the intellectual property rights of the software giant. Accepting Microsoft Corporation‟s plea, judge Manmohan Singh granted permanent injunction to M/s Gizgahertz and its proprietor Nimesh from using Microsoft hard-disk in its computers and selling them to the customers. “The defendant (company) is restrained from copying/ reproducing, hard-disk loading on computers, selling/ offering for sale/ distributing/ issuing to the public pirated/ counterfeit/ unlicensed versions of Windows Vista, Microsoft Office 2007 or any other software of the plaintiffs in any manner, so as to infringe the plaintiff‟s copyright,” Singh said. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS CHINA New measures for compulsory licensing in force On 1 May 2012, new "Measures for Compulsory Licensing of Patent Implementation" entered into force in China. This document replaces two earlier regulations (from 2003 and 2005) and brings the current measures into line with the revised Chinese patent law, which has been in force since October 2009. Background information can be found on the English "IPR in China" website. The official Chinese version of the measures can be found on SIPOs website. The corresponding chapter VI of the Chinese patent law deals with the subject of compulsory licenses. Read More Go To Top Google wins Chinese approval for Motorola Mobility bid Chinese regulators have approved Googles $12.5bn (£7.9bn) purchase of US phone maker Motorola Mobility, the final hurdle for the deal to go through. Chinese authorities said Google must keep its mobile software, Android, free for other device makers for up to five years. The acquisition would be Googles biggest ever. It has already won clearance from US and European regulators. Googles purchase of Motorola Mobility allows it to move into the manufacturing of phones and tablet computers for the first time. It also gives Google access to more than 17,000 of the companys valuable patents, which will help it defend itself and Android phone manufacturers in patent disputes. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS CHINA Vycor Medical Granted Patent Rights for ViewSite Brain Access System in China BOCA RATON, FL--(Marketwire - 05/17/11) - Vycor Medical, Inc. (OTC.BB: VYCO - News), a medical device company that designs, develops and markets next generation neurosurgery devices, announced today that its China Patent Application No. ZL200680056889.9 has been granted. This action provides Vycor patent rights with respect to its innovative ViewSite Brain Access System (VBAS) in China. ViewSite Brain Access System (VBAS) is the Companys first product, a new generation system that allows surgeons access to deep lesions in the brain. Kenneth Coviello, Vycors CEO, commented, "We are very pleased with the news of the patent protection we have received in China. Vycor has applied for SFDA approval in China which would allow us to begin marketing. We are hopeful this will also be granted in the near future. "In contrast to development in other surgical technologies, the Companys product addresses a market that has not changed materially in over 50 years. Read More Go To Top Golf R Cabriolet Debuts in Chinese Patent Office The Golf has been doing exceptionally well in the Chinese market with around 10k sales each month, the GTI is not doing too bad either with an average of 500 sales per month, we don‟t have stats for the Golf R but the 370,000RMB beast has past us more than a few times on the road, so we can presume its holding its own as well. The Golf R is a special car, it looks like a regular Golf but will rip up tarmac faster than an Irish man trying to relay your drive, it sounds like the four horses of the apocalypse are bearing down on you and also seats 5, a fantastic family car then. The Golf R Cabriolet will let you feel the wind in your hair, and likely give you some serious ear damage when it hits the market. The Chinese patent office was kind enough to let us know what the forthcoming road going beast will look like when it hits the market, we have no idea when it will hit the market but end of the year is likely. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS CHINA Thwapr Takes Steps to Protect Its Patent-Pending Technology in China LAS VEGAS, May 31, 2012 /PRNewswire/ -- Thwapr, Inc. (OTCBB: THWI), a mobile video sharing company, today announced that it is investing in Intellectual Property (IP) protection to strengthen its strategy for China. Thwapr is aware that the Intellectual Property landscape in China requires specific knowledge to navigate. The scope, documentation, application, and approach differs from that in the United States; as a result, obtaining the guidance of a reputable and experienced team who knows the Chinese patent process, has familiarity with US Patents, and understands technology applications is critical to assist in crafting the best approach for China. China allows three forms of patents: invention patents, design patents, and utility model patents. Read More Go To Top Arcadia Biosciences Receives Second Key Chinese Patent for Nitrogen Use Efficiency Technology DAVIS, Calif.--(BUSINESS WIRE)--Arcadia Biosciences, Inc., an agricultural technology company focused on developing technologies and products that benefit the environment and human health, today announced that the State Intellectual Property Office of China has issued the company a key patent for technology critical to controlling Nitrogen Use Efficiency (NUE) gene function. The patent adds to the company‟s Chinese patent portfolio, which includes patents in both nitrogen use efficiency and salt tolerance, and is another key step in the company‟s efforts to help Chinese farmers improve on-farm economics, reduce greenhouse gas emissions, and enhance China‟s food security initiatives. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS CHINA Farmer applies for patent on do-it-yourself RV A farmer in Shaanxi province in Northwest China spent around 300,000 yuan ($47,000) to turn a van into a recreational vehicle and has submitted a patent application for his creation. Wang Donghu, 49, a villager in Anfeng village in Pucheng County has studied technology since he was a teenager. One day in January, he came up with the idea to build a recreational vehicle capable of driving around the country. "I took my van, which was used to send fish produced in my fish ponds as the main material for my RV, and successfully realized my dream after months of hard work," Wang told China Daily on Tuesday. Read More Go To Top Apple Wins Design Patents in China & Smart Cover TM in US Chinas Hong Kong IP Department has officially published a series of four newly registered design patents for Apple Inc. The designs cover two designs in both black and white and in color. One of the designs now integrates the Apple logo right into the retail display. In other IP News, the US Patent and Trademark Office has officially published Apples "Smart Cover" as a registered trademark. And in closing, our report takes a quick look back at Steve Jobs presenting the new Smart Cover for iPad 2. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS JAPAN Fluxomes new patent unveils opportunities in Japan Stenlose, Denmark: 8 May 2012 - The Japanese patent office has granted Fluxome a new patent on the production technology of PUFA. "As Fluxome continues to expand, recently with Fluxome® Resveratrol entry into the European market, the patent granted in Japan for Fluxome® PUFA unveils promising opportunities in Asia" says Fluxome President and CEO, Ms. Angela Tsetsis. "We are excited about the new opportunities that will follow in Japan and we keep looking at Asia as a key market to our natural and premium ingredients". "This patent places Fluxomes technology and products in a strong position" says Bo Stenhuus, Vice President Compliance at Fluxome. He adds "Such a patent covers an exclusive production fermentation method using safe bakers yeast and sugar to produce high quality natural ingredients from eco-friendly sources". Read More Go To Top Nichia Appeals against Japan Patent Office’s Ruling on Everlight Case Taipei, June 5, 2012 (CENS)--Nichia Corp.‟s counsels yesterday held a press conference in Taiwan to announce that the company has lodged an appeal with the Supreme Court of Japan against a Japan Patent Office‟s ruling in favor of Everlight Electronics Co., Ltd. in a patent dispute with it. According to Everlight, Japan Patent Office rendered a decision on May 8 this year, holding that the patent JP3503139 is invalid. Everlight, currently the world‟s No.1 LED packager in terms of production capacity, said the ruling includes invalidation of Claim 1, which is the main claim of the patent at issue. Nichia‟s counsels pointed out that among the disputed 19 patents that Everlight denounced to Japan Patent Office against Nichia is the one concerning the white LED technology using the yellow YAG phosphor and blue chip. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS JAPAN Japanese court invalidates a number of claims on two Universal Display Japanese patents According to a filing with the SEC Universal Display has received notification that the Japanese High Court has invalidated a number of claims of inventions in two patents Patent number Title JP3992929 (JP „929 Very high efficiency organic light emitting devices based on patent) electrophosphorescence JP4511024 (JP „124 Highly transparent non-metallic cathodes patent) On May 16, 2012 Universal Display learnt that the Japanese High Court issued a decision relating to the JP „929 Patent confirming the prior decision of the Japanese Patent Office (JPO) to invalidate the broadest claims in the patent, other narrower claims in the invention where acknowledges as valid. Read More Go To Top Bone Medical Granted Japanese Patent Bone Medical Ltd (BNE), an international biopharmaceutical company focused on the development of important new medicines for the treatment of musculoskeletal diseases like osteoporosis and arthritis, is pleased to announce that it has received notice that its Axcess II oral peptide formulation technology patent has been granted in Japan. Dr. Roger New, Chairman and Chief Scientific Officer, and the inventor of the Axcess technology, commented, “Axcess II provides important coverage for our proprietary oral peptide products Capsitonin, oral calcitonin for osteoporosis and arthritis pain, and CaPTHymone, oral parathyroid hormone for osteoporosis. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS JAPAN Japan Patent Office to Accept “Dietary Supplements” in Class 5 Abstract The JPO (Japan Patent Office) has adopted the 10th edition of Nice Classification and changed its practice to accept the description of “dietary supplements” for processed food for health aid in Class 5. This new practice has been applied to the trademark applications filed after January 1, 2012. However, for the applications which were filed before January 1, 2012 and are pending for examination in the JPO at present, they shall be examined under the old practice. Old practice Under the old practice, the JPO never accepted the description of “food supplements” nor “dietary supplements” for the processed food for health aid. Applicant used to use an acceptable description of “processed food” in Class 29 or 30. Read More Go To Top Taiwan-Japan PPH Effected on May 1, Patent Examination Duration Reduced from 41 to 12 Months From May 1, 2012 on, if a patent applicant applies PPH with the Taiwan IPO after obtaining approval from Japan for the same patent, the examination will be completed within approximately 1.1 monthsThis is beneficial for manufacturers with a large amount of patent applications in Japan such as AU Optronics, Foxconn, etc. Another system that is currently implemented in Taiwan is the "Accelerated Examination Program (AEP)", according to which, if an applicant requests an acceleration of examination in Taiwan after obtaining a patent approval or receiving a notice of examination opinions/search report from the Japan IPO, then it will take only about 2.5 months to complete the examination. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • NEWS JAPAN Secrets of patent applications in Japan revealed Tokyo (SCCIJ) - At the April SCCIJ luncheon, Japanese patent attorney Mr. Felix Einsel, Managing Partner of Sonderhoff & Einsel, explained how companies can achieve an edge over their competitors with a smart filing and enforcement strategy in the area of industrial property rights. In particular, Einsel proposed some simple rules that can provide Western companies a greater competitiveness in the Japanese market. Intellectual property Einsel started with an introduction to the complicated but important world of property rights. The area of industrial property covers patents, utility models, design patents and trademarks. If copyrights are included, the area is called intellectual property. "Applications are only necessary for industrial properties", Einsel explained the difference. Read More Go To Top Suven Life Sciences Gets 4 Product Patents in Japan, Australia, Europe and Eurasia Indias bulk manufacturer of Drug intermediates, Actives and fine chemicals, Suven Life Sciences Ltd has been awarded four product patents, one each from Japan (4886522), Australia (2008315309), Europe(2200980) and Eurasia(16015) for its New Chemical Entities (NCEs). These NCEs are for the treatment of disorders associated with Neurodegenerative disorders like Alzheimers disease, Attention deficient hyperactivity disorder (ADHD), Huntingtons disease, Parkinson and Schizophrenia. Now, Suven Life Sciences is holding a total of five granted patents from Japan, Fourteen from Australia, Twelve from Europe and ten granted patents from Eurasia. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • EDITORIAL America Invents Act With US being the bellwether of innovations worldwide, radical changes in global patent arena are surely expected as American Invents Act (AIA) comes into force beginning September 16, 2012. America Invents Act (AIA), which has replaced the current “first to invent” system with “first inventor to file” system, has broadened the scope for challenging patents. Under the new law, third parties will be able to intervene and request “post grant review”, within 9 months of issuance and “inter-partes review”, after nine months of issuance. Changes in AIA allow challenging a patent application at various stages before it is granted. With pre grant submissions coming into effect, it is time to “watch”, before deciding upon whether to take steps or to “wait”. This makes monitoring competitors and their newly issued patents and published applications essential. The AIA expands the scope of prior art that can be used to reject the claims of an application or invalidate a patent. The patent holder may sue multiple defendants in a single suit if the defendants have committed related acts of infringement. A Patent Ombudsman Program has been established by the PTO to investigate complaints and mediate settlements between small businesses and independent inventors. A new procedure called Supplemental Examination has been established, that allows a patent owner to request for a re-examination of the patent in order to have the PTO consider, reconsider, or correct any information relevant to the patent. The newly signed patent reform is said to benefit large corporations. At the same time creation of a “micro entity” brings the individual inventor back into the patent game by reduction in the fees required for filing an application. While, the patent office will take time to implement these changes and to alter the number or nature of patent issuances or challenges, the question about the economic impact of the AIA and its effect on small inventors, remains debatable. Namita Mahajan Patent Research Analyst Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • TTC UPDATES 23.07.2012 Legal lecture on "Intellectual Property Protection in India" hosted by TT Consultants, at German Centre, Gurgaon According to the general increase in business activities, foreign investments, technology transfers and brand licensing, it is increasingly important for companies investing in India to create and protect their Intellectual Property (IP). Just like any other property, IP also needs to be properly nurtured and protected. The lecture on "Intellectual Property Protection in India", which was hosted by TT Consultants at the German Centre on 23rd July 2012, focused on the importance of creating IP, IP protection strategies and using IP as a strategic business goal for achieving maximum commercial success in India. Read More Go To Top© TT Consultants, 2012. All rights reserved – privileged and confidential
    • FIRM OVERVIEW TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing services in over 20 countries worldwide to more than 500 Companies, universities and research institutes with several offices in three countries i.e. Taiwan, US and India and strong client base in US, Canada, Europe, Japan, Singapore, South Korea, Taiwan and India, we strive towards providing our clients global and world-class services. We provide patent litigation support, patent prosecution support, licensing support, patent acquisition support, technology transfer consulting, patent portfolio management and other legal support services to leading patent law firms, companies, universities, research institutes and intellectual property owners. INDIA US TAIWAN CHANDIGARH HOUSTON TAINAN Office 8, Tower B, 3rd Floor, D.L.F, I.T park (Sales and Marketing) Room 410, Chandigarh (U.T)-160101, India TT Consultants, LLC 13619 Eagan Mill Dr, Technology Transfer & Business Incubation Center, Mobile: +91-9815006413 Houston, TX 77077-3443 National Cheng Kung University No. 1 University Road, Tainan City 701, Taiwan GURGAON WASHINGTON D.C. 3rd Floor, Block – B, 1701 Pennsylvania Avenue, NW, HSINCHU Sector – 53, Washington DC. 20006 Si-Soft Research Center, 1A2, Li-Hsin 1st Road, Golf Course Sector Road, Gurgaon-122002 Landline: +886-6-2368814 Mobile: +91-9876667711 Mobile: +1.347.284.6413 Mobile: +886-929693711 Toll Free: +1.888.337.5234 Email: talwar@ttconsultants.co.in Email: a.srivastava@ttconsultants.co.inUnsubscribeNote: - If you do not wish to receive this Newsletter in future, please click here, else just reply this mail with the word "Unsubscribe" in thesubject of the mail.Feedback/SuggestionWe will be happy to know your feedback & suggestion on the same. Kindly send us an email with your feedback.DisclaimerWhile every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT Consultantsassumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the information containedherein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substituteprofessional advice that maybe required before acting on any matter. *COPYRIGHT NOTICE:-© 2012, India. All Rights reserved with TT Consultants