Newsletter vol. 10 (jul aug) 2013
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Newsletter vol. 10 (jul aug) 2013

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Talwar and Talwar Consultants Proudly Presents Legal Outsourcing business newsletter Vol 10 Jul-Aug 2013

Talwar and Talwar Consultants Proudly Presents Legal Outsourcing business newsletter Vol 10 Jul-Aug 2013

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  • 1. NEWSLETTERRanging from Innovations to Intellectual Property CONSULTANTSApplying Intelligence to IP - Globally July’2013 Vol. 10,
  • 2. Contents 1. Headlines 1 2. News India 2 3. News China 6 4. News Japan 9 5. Editorial 11 6. TTC Updates 13 7. Contact Us 15 NEWSLETTER TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing services to more than 500 Companies, universities and research institutes. With clients in more than 20 countries worldwide including US, Europe, Canada, Japan, Singapore, South Korea, Taiwan, India etc., we strive to deliver foremost patent prosecution and litigation support. Innovation, knowledge and transparency, form the fundamental steps to our company’s vision and mission. © TT Consultants, 2013. www.ttconsultants.com
  • 3. © TT Consultants, 2013. www.ttconsultants.com HEADLINES INDIA • Biden urges India to open up to US companies • TAC Open Letter to USTR Regarding Concerns with US Pressure to Restrict India’s Generic Medicines Industry • India fails to get FDI because of its weak IP policy: US report • Global Innovation Index 2013 - India Ranks 66th • RIL chief Mukesh Ambani joins M&M boss to back India’s 1st genre-specific channel 'Epic TV’ • IIT-Kanpur earns $86,400 through intellectual property • Bajaj’s two-wheeler patent not to be revoked • India shows U.S. path to patent standards • Kebabs from Lucknow may get geographical indication recognition soon • India wants copyright laws eased for visually impaired • Intellectual Property Appellate Board rules ‘Ayur’ can’t be trademark • Indian inventor Ajay Bhatt honoured for developing USB HEADLINES CHINA • More foreign companies involved in China IPR suits • Europe and China agree to use same patent classification system (CPC) • Chinese museum found with 40,000 fake exhibits forced to close • BAIC mulls electric IP acquisition • China Grants Patent For Detection of Gastric Cancer • Rules to ban advertising 'well-known trademarks' • Chinese firm says Apple stole their technology with Siri, files lawsuit • Neusoft Medical Signed Transfer Agreement with Philips to Acquire 25% Equities in Philips-Neusoft Medical Systems Joint Venture • German companies remain optimistic in China HEADLINES JAPAN • Samsung trumps Apple in Japan patent fight • Key Mesenchymal Precursor Cell Patent Granted in Japan • Government seeks to review patent ownership to favor businesses • Japanese-English Machine Translation for Patents Goes Live • Custom Technology Announces Silicon Philosophies' Acquisition of Cinema Craft(R) • Japan-EU trade talks end in Tokyo; nontariff barriers discussed EDITORIAL • Members of Congress: India's Pharma Industry 'Protectionism' Is Harming US Pharma Industry's Abuse of Patent System • Invalidation Searches: scourge the earth for the “unfindable” prior art TTC UPDATES • Taleem inks MoU with Business India, TT Consultants • Legal Process Outsourcing In India has Lot potential which is ready to be unleashed INDIA CHINA JAPAN EDITORIAL
  • 4. Page 2 of 15 © TT Consultants, 2013. www.ttconsultants.com Biden urges India to open up to US companies US Vice President Joe Biden urged India on Wednesday to improve investment conditions and remove obstacles faced by American companies which restrict trade between the world's biggest democracies. Biden the first US vice president to visit India in three decades, listed intellectual property concerns, requirements to buy local content and inconsistent tax treatment as worries for foreign investors. "These are tough problems, but they have to be negotiated and worked through to meet the potential of this relationship," he said in a speech at the Bombay Stock Exchange focused on boosting annual trade from its current level of nearly $100 billion. He also noted that India's "instinct to protect your industries is understandable. Read More>> Go to the top>> TAC Open Letter to USTR Regarding Concerns with US Pressure to Restrict India’s Generic Medicines Industry The Treatment Action Campaign (TAC) of South Africa is extremely concerned with recent attempts by the US government to discourage and curb the globe’s supply of affordable generic medicines available from India. Specifically, we object to the placement of India on the US ‘Special 301 Watch List’ over objections to the country’s intellectual property system, as well as subsequent condemnation from Members of Congress stemming from US pharmaceutical industry pressure, and attempts by a group of US commercial businesses (under the banner of ‘Alliance for Fair Trade with India’) to influence Vice President Biden’s current meetings in India. Through the development of its effective generic manufacturing industry, India has become an essential source of affordable medicines, producing over 80% of medicines, and as many as 90% of paediatric medicines used in the developing world. Read More>> Go to the top>> India fails to get FDI because of its weak IP policy: US report India has become an “outlier” in the world community because its recent policy, regulatory and legal decisions have deteriorated the intellectual property rights in the country, a US report has said. The report ‘India: International Outlier on IP’ by the US chamber of Commerce said if India strengthens its intellectual property regime and increase its score on GIPC IP Index by 14.9 per cent, it can reach the level of FDI similar to Brazil, Russia and China. “India has been less able to attract FDI than its BRIC (Brazil, Russia, and China) peers since the 1980s. Also in regards to FDI, India is noticeably weaker than other emerging economies, which started off at similarly low levels of investment and.... Read More>> Go to the top>> NEWS INDIA Patent Support Services At TTC, 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.
  • 5. Page 3 of 15 © TT Consultants, 2013. www.ttconsultants.com Global Innovation Index 2013 - India Ranks 66th India ranked 66th in the Global Innovation Index 2013, published by Cornell University, INSEAD, World Intellectual Property Organization (WIPO) and Confederation of Indian Industry (CII) as a knowledge partner. The study ranked 142 economies across the world on their innovation capacity and efficiency. This year's report casts additional light on the local dynamics of innovation, an area which has remained under-measured globally. It shows the emergence of original innovation eco-systems, and signals a needed shift from a usual tendency to try and duplicate previously successful initiatives. "The local dynamics of innovation varies considerably across the globe and influences innovation measurement at the unit level. Learning from the local innovation systems adds newer dimensions to.... Read More>> Go to the top>> RIL chief Mukesh Ambani joins M&M boss to back India’s 1st genre-specific channel 'Epic TV' After Anand Mahindra, it's the turn of India's richest billionaire Mukesh Ambani to once again turn a venture capitalist and back a new media venture that is due to go on air mid-August. "Epic TV" - a niche entertainment pay channel will be India's first to showcase genre specific content related to history, folklore and mythology. Set up in October 2012, Epic Television Network is being led by Mahesh Samat, former managing director of Walt Disney Company who left the multi- national last year after a four year stint. But interestingly, through this investment Mahindra and Ambani each have a 25.8% stake in the company and together have financial control. Even though the quantum of their investments and other financial details are not yet disclosed, according to industry sources there is an initial… Read More>> Go to the top>> IIT-Kanpur earns $86,400 through intellectual property Apart from educating students, teachers at IIT-Kanpur are also actively engaged in doing research work. At the same time, high end research work is carried out and patents are filled. The institute also enters into Memorandum of Understanding (MoU) with various educational institutes and industries in the interest of students so that they get worldwide exposure. The institute has also earned a whopping amount through intellectual property. All these tasks take place every year. Director, IIT-Kanpur, Prof Prof Indranil Manna, threw light over the earnings it made through intellectual property while addressing the students at the 45th convocation of the institute on Friday which was presided over by President. Read More>> Go to the top>> NEWS INDIA Patent Invalidation Search We ‘scour the earth’ when it comes to searching for prior art in order to invalidate a troublesome patent. We have helped several US and Asian companies save huge litigation costs by uncovering highly useful prior arts. We have Mandarin, Japanese and Korea native searching capability. We are a preferred choice for companies involved in complex patent litigation and have represented many Joint Defense Groups (JDGs) in such cases to identify relevant prior art for invalidating potentially dangerous patents.
  • 6. Page 4 of 15 © TT Consultants, 2013. www.ttconsultants.com Bajaj’s two-wheeler patent not to be revoked The Intellectual Property Appellate Board (IPAB) here on Thursday dismissed an application of LML (Lohia Machines Ltd), seeking to revoke patent granted to Bajaj Auto Ltd. in respect of an improved two-stroke engine for its two-wheelers. The Board comprising its chairman Justice Prabha Sridevan and member D.P.S. Parmar held that “LML has not made out a case for the revocation of Bajaj’s patent.” During 1990s, manufacturers such as Bajaj, LML and Piaggio were producing two-stroke scooters with monocoque chassis and engine positioned on one side of the vehicle. Since it was a big challenge to manufacturers to improve fuel efficiency and reduce emission from scooters, Bajaj developed an invention to mitigate such disadvantages. Read More>> Go to the top>> India shows U.S. path to patent standards Headlines have been trumpeting the Indian Supreme Court’s decision to deny a new patent for the cancer drug Gleevec as an attack on intellectual property rights and a win for patients in need of cheap drugs. Those headlines are misleading. What the ruling actually demonstrates is that India has set a high bar for determining what is “innovative.” The United States could learn a thing or two from India – particularly since Washington’s excessively liberal patent system led to a ridiculous spat last year between Samsung and Apple over whether a rectangular cellphone screen with rounded corners was patentable. Read More>> Go to the top>> Kebabs from Lucknow may get geographical indication recognition soon Soon after the Lucknow Zardozi was accorded geographical indication (GI) recognition, the delicious kebabs from the city of nawabs, the petha and marble from Agra and dress material and cotton bedsheets from Mau are next in line to get the GI tag, a form of Intellectual Property Right (IPR), from the Controller General of Patents, Designs and Trademarks. A total of 17 applications from the state were earlier sent to New Delhi for GI registration, said KP Misra, joint director, Export Promotion. Of these, three were given GI registration. These included Zari-Zardozi of Lucknow, Panja Dari of Agra and block printing of Farrukhabad, he added. However, the rest others were returned by the agency with objections. Read More>> Go to the top>> NEWS INDIA Patentability Search A thorough patentability assessment search conducted on an exhaustive list of patent and non-patent databases. We offer innovative search reports that come along with a key feature chart and many value additions offered by none other in the industry. This service is being extensively used by the best research institute of Asia, several national universities of Taiwan, top law firms in the US and 5 fortune 500 companies to name a few.
  • 7. Page 5 of 15 © TT Consultants, 2013. www.ttconsultants.com India wants copyright laws eased for visually impaired Home to one-fourth of the world's visually-challenged persons, India will play a key role in negotiating a historic international treaty next month that will ensure that the community's access to globally-published material is not stymied by rigid copyright rules. The Extraordinary General Assembly of the World Intellectual Property Organization (WIPO) has called a diplomatic conference in June (17th-28 th) 2013 in Marrakesh, Morocco, to conclude the WIPO Treaty for Visually Impaired Persons/Persons with Print disabilities. Read More>> Go to the top>> Intellectual Property Appellate Board rules ‘Ayur’ can’t be trademark Can anyone in India, the home of Ayurveda, claim exclusive intellectual property rights over the word ‘Ayur' for selling a product? Or contend that ‘Ayur,' a word derived from ‘Ayush' (life), is an ‘invented word' that can be used as a trade mark? The Intellectual Property Appellate Board (IPAB) has ruled that it cannot be done and directed the removal of the word ‘Ayur,' registered in the name of Three-N-Products (P) Ltd., New Delhi, from the trade marks registry. In its order delivered on Friday, the IPAB said: “Ayur is a generic word; to hoard it as ‘mine-own-forever' is not in public interest, and such a monopoly was never intended by the Trade Marks Act, 1999.” Read More>> Go to the top>> Indian inventor Ajay Bhatt honoured for developing USB The European Union today honoured India-born inventor Ajay Bhatt-led team at the US tech-giant Intel that developed the Universal Serial Bus (USB) technology, one of the most important advances in computing since the silicon chip. The European Patent Office announced the winners of the European Inventor Award 2013, which honours outstanding inventors for their contribution to social, economic and technological progress. Some 500 guests attended the award ceremony at the Beurs van Berlage in Amsterdam, including Princess Beatrix of the Netherlands and Michel Barnier, the European Commissioner for Internal Market and Services. Ajay V Bhatt-led team, comprising of Bala Sudarshan Cadambi, Jeff Morriss, Shaun Knoll, Shelagh Callahan of the United States won the award for inventors from Non-European Countries, for creating and developing USB technology, one of the most important advances in computing since the silicon chip. Read More>> Go to the top>> NEWS INDIA Structure & Sequence Search When you request a chemical structure/substructure search, our domain specific searchers with extensive experience perform patent searches and deliver insightful results for compounds matching the query structure, as well as for compounds containing the query structure as a subset (substructure) of a larger structure.
  • 8. Page 6 of 15 © TT Consultants, 2013. www.ttconsultants.com More foreign companies involved in China IPR suits More foreign companies involved in IPR cases China's top court has seen an increase in intellectual property lawsuits involving overseas companies in the first five months of the year amid economic globalization and rising domestic awareness. From January to May, judges nationwide announced verdicts in 24,544 intellectual property rights cases, up by 36.6 percent year-on-year, according to the Supreme People's Court. About 2 percent of those cases or 504 lawsuits involved overseas litigants. Last year, 1.7 percent of 83,850 such lawsuits nationwide were foreign-related, according to the top court. “With fiercer global competition, as well as a tendency for trade protectionism in certain countries, we have seen a remarkable increase in cross-border IPR conflicts,” said Kong Xiangjun, president of the top court's intellectual property tribunal. Read More>> Go to the top>> Europe and China agree to use same patent classification system (CPC) EPO and SIPO sign a Memorandum of Understanding to enhance cooperation in patent classification: The EPO and the State Intellectual Property Office of the P.R.C. (SIPO) today signed a Memorandum of Understanding (MoU) to enhance their cooperation in the area of patent classification. Under the terms of the MoU, as of January 2014, the SIPO will start classifying its newly published invention patent applications in some selected technical fields into the CPC after receiving dedicated training from the EPO, and will strive to classify its new invention patent applications according to the CPC in all technical areas from January 2016. The corresponding classification data will be shared with the EPO. The CPC is the most refined classification system for patent documents in the world (250 000 subdivisions) …... Read More>> Go to the top>> Chinese museum found with 40,000 fake exhibits forced to close A Chinese museum has been forced to close after claims that its 40,000-strong collection of supposedly ancient relics was almost entirely composed of fakes. The 60 million yuan (£6.4 million) Jibaozhai Museum, located in Jizhou, a city in the northern province of Hebei, opened in 2010 with its 12 exhibition halls packed with apparently unique cultural gems. But the museum’s collection, while extensive, appears ultimately to have been flawed. On Monday, the museum’s ticket offices were shut amid claims that many of the exhibits were in fact knock-offs which had been bought for between 100 yuan (£10.70) and 2,000 yuan (£215). The museum’s public humiliation began earlier this month when Ma Boyong, a Chinese writer, noticed a series of inexplicable discrepancies during a visit and posted his findings online. Read More>> Go to the top>> NEWS CHINA Freedom to Operate Search We provide a proactive patent study for mitigating the risks involved before entering a new jurisdiction and have the capability to search in various geographies including most of the Asian countries and some European countries. Our experienced professionals perform an in-depth search and very closely examine the prior art vis-à-vis the product features. Claim charts are prepared based upon the national patent laws.
  • 9. Page 7 of 15 © TT Consultants, 2013. www.ttconsultants.com BAIC mulls electric IP acquisition A Senova electric car by BAIC Motor is on display at this year's Shanghai auto show. The automaker now is looking to the US market for advanced green technologies. Driven by an interest in green vehicles, BAIC Group is joining a host of other companies that are considering buying assets from the ailing Fisker Automotive Inc. According to domestic media reports, the Beijing-based automaker recently sent a delegation to visit the US electric car company in Anaheim, California, because it plans to buy the intellectual property and patent for Fisker's Atlantic plug-in hybrid car. The reports said that BAIC expects to accelerate the development of its own electric car business through the possible deal. Currently, BAIC makes the E150 electric vehicle, a 4-meter-long compact hatchback, which began use in taxies and car rental services in the capital city this year. Read More>> Go to the top>> China Grants Patent For Detection of Gastric Cancer China, with one of the highest incidences of stomach (Gastric) cancer in the world, has granted Pacific Edge Limited (the Company) its patent, ‘Detection of Gastric Cancer’. This patent defines technology that can be used for the diagnosis of gastric cancer. The granting of the Company’s patent in China is a further addition to the Company’s suite of intellectual property that includes accurate tests for the diagnosis and prognosis of several hard to detect cancers including those of the bladder, alimentary tract, stomach and melanomas. Earlier this year, Pacific Edge achieved a significant milestone in the commercialisation of its molecular diagnostic technology with regulatory approval to launch Cxbladder, its non-invasive detection test for bladder cancer, in the world’s largest health market, the United States. Read More>> Go to the top>> Rules to ban advertising 'well-known trademarks' Owners of products recognized as well-known Chinese trademarks can no longer use the legal designation on their product packages or advertisement, according to the second draft version of an amendment to the trademark law submitted to China's top legislative body on June 26. Some law experts said that the purpose of the well-known trademark system is to protect brands, but it now serves more like a tool to confuse consumers and create unfair competition. Zhao Hu, an intellectual property rights lawyer and partner of EastBright Law Firm in Beijing, told China Daily that the identification of a well-known trademark is "a legal process to settle disputes based on factual evidence of individual cases", and different cases can lead to different results. Read More>> Go to the top>> NEWS CHINA Patent Drafting & Illustrations A well drafted patent is the key to a strong patent and holds the highest chances of being accepted by the National Patent Office. Our experienced and technically trained professionals do a comprehensive understanding of the subject matter and use their exceptional communication skills to elucidate the invention and the draft is by default reviewed by an Indian Patent Attorney. Further, the draft is reviewed by respective filing country Patent Attorney. We have Illustrators who are well conversant with the rules of USPTO, PCT and other National Patent Offices.
  • 10. Page 8 of 15 © TT Consultants, 2013. www.ttconsultants.com Chinese firm says Apple stole their technology with Siri, files lawsuit Apple is once again locked in an intellectual property rights dispute in China, with a Chinese company accusing the US electronics giant of infringing its patent on voice- activated digital assistance technology. Representatives of Apple appeared in a Shanghai court yesterday to respond to the case filed by Shanghai Zhizhen Network Technology Co, the developer of a voice technology called Xiao i Robot. The Chinese firm alleged that Apple’s Siri infringed the patent it holds related to “a type of instant messaging chat robot system.” Siri, included in Apple’s iPhone 4S, responds to a user’s commands through voice-recognition software. “We noticed iPhone 4S’ digital assistance Siri copied Xiao i Robot’s artificial intelligence technology when it came out in 2011. Read More>> Go to the top>> Neusoft Medical Signed Transfer Agreement with Philips to Acquire 25% Equities in Philips-Neusoft Medical Systems Joint Venture Neusoft Corporation ("Neusoft", SSE: 600718), a leading IT solution and service provider in China, announced that Neusoft's wholly owned subsidiary, Neusoft Medical Systems Co., Ltd. ("Neusoft Medical") has signed agreements with Royal Philips Electronics and its affiliate company ("Philips") on the equities and assets transfer, intellectual property rights, contracted manufacturing and supply, components supply, customer service and support of Philips & Neusoft Medical Systems Co., Ltd. ("PNMS"). According to the agreement, Neusoft Medical will acquire 25% equities in PNMS held by Philips, and become the holding company of the original joint venture. PNMS was jointly established by Neusoft Medical and Philips in 2004. Neusoft Medical and Philips held 49% and 51% equities in PNMS respectively. Upon the completion of the transaction, Neusoft Medical will hold 74% equities in PNMS, and therefore become the holding company of PNMS. Read More>> Go to the top>> German companies remain optimistic in China Despite China's economic slowdown, German companies operating in the nation expect increased profits and sales this year, according to a survey released on Monday. Finding qualified employees remained the biggest challenge, in addition to concerns in the protection of intellectual property, the survey by a German business organization found. "The interviewed German companies generally held that the economic environment this year will significantly improve from last year," Joerg Mull, chairman of the German Chamber of Commerce in China and executive vice-president of the finance department of Volkswagen (China) Investment Co Ltd, told a news conference on Monday. "Companies in South China and Southwest China are especially optimistic and Chinese exports……. Read More>> Go to the top>> NEWS CHINA Claim Chart Preparation This search helps in identifying the potential infringers of a particular patent portfolio. Over the years, we have evolved an innovative and effective strategy to identify infringing products/standards and ascertaining the infringement. This service is used by a leading semiconductor manufacturer and some fortune 500 companies across the globe.
  • 11. Page 9 of 15 © TT Consultants, 2013. www.ttconsultants.com Samsung trumps Apple in Japan patent fight A Japanese court said Tuesday that Apple Inc.'s patent infringement claim against Samsung Electronics Co. is invalid, giving the upper hand to the South Korean tech giant in a series of legal battles over patents, a Japanese news agency reported. Upholding a lower court's verdict, the Intellectual Property High Court ruled that Samsung, the world's largest smartphone maker, did not infringe upon Apple's technology on transferring media content from computers to smartphones and tablets, according to Kyodo News Service. The patent is one of two intellectual properties the iPhone maker addressed in its August 2011 claim against Samsung. In 2011, the iPhone maker argued that Samsung's Galaxy S and Galaxy S2 smartphones and its Galaxy Tab tablet infringed upon its synchronization technology. Read More>> Go to the top>> Key Mesenchymal Precursor Cell Patent Granted in Japan Patent coverage provides for exclusive, long-term commercial rights in major established healthcare market. Regenerative medicine company Mesoblast Limited (ASX:MSB; USOTC:MBLTY) today announced that it has been granted a key patent by the Japanese Patent Office. Japanese patent number 5265190 provides Mesoblast with exclusive commercial rights in Japan through to September 2025 to all compositions- of-matter and uses of its Mesenchymal Precursor Cell (MPC) technology platform, irrespective of the MPC tissue source, including bone marrow, adipose, placenta, umbilical cord and dental pulp. The granting of the Japanese patent follows the recent extension of compositions-of-matter patents by the United States Patent and Trade Mark Office to March 2029, and two key patents from the State Intellectual Property Office of the People's Republic….. Read More>> Go to the top>> Government seeks to review patent ownership to favor businesses Bowing to strong pressure from the business lobby, the government is set to consider a policy change that would assign patents on in-house inventions to companies instead of employees. The move is intended to bolster the competitiveness of Japanese companies, but analysts say it could backfire and spur a brain drain overseas, ending up undermining their competitive edge. A review of the existing system was specified in the basic policy concerning intellectual property, compiled by the intellectual property strategy headquarters, led by Prime Minister Shinzo Abe. Read More>> Go to the top>> NEWS JAPAN Patent & Trademark Filing in India Our Indian IP Prosecution Partner – Talwar Advocates established since 1983, handles patent and trademark filing in the Indian Patent Offices. The firm has the infrastructure and resources to take on the whole range of conventional and non-conventional IP issues and offer clients comprehensive services in structuring and securing a patent portfolio. The firm possesses the distinct advantage of filing Patents, Trademarks and PCT National Phase applications electronically in Indian Patent Office.
  • 12. Page 10 of 15 © TT Consultants, 2013. www.ttconsultants.com Japanese-English Machine Translation for Patents Goes Live In another significant move to break down the language barriers to technological information, the European Patent Office (EPO) and the Japan Patent Office (JPO) today announced the launch of the Japanese-English component of the EPO's automatic translation service Patent Translate. This means more than a million Japanese patent documents available via the EPO's global patent database Espacenet (www.epo.org/espacenet) can now be instantly translated into English free-of-charge at the click of a mouse. This major step offers access to Japanese patents in the full-text version, while Japanese inventors can read European patents in their own language. "The launch of the Japanese-English machine translation tool is a major step forward for patent information," said EPO President Benoît Battistelli, at a bilateral meeting of the two offices at the sidelines of the IP5 meeting in Cupertino, California. Read More>> Go to the top>> Custom Technology Announces Silicon Philosophies' Acquisition of Cinema Craft(R) Custom Technology Corporation (CTC) today announced the completion of an agreement granting full ownership plus exclusive Intellectual Property (IP), development and worldwide distribution rights (except for Japan) for CINEMA CRAFT(R) AVC/H.264, MVC and Standard Definition video encoding products, to their former European distributor Silicon Philosophies. CINEMA CRAFT(R) products are considered the fastest, most accurate and efficient encoders for DVD and Blu-ray (BD) production, out- performing all competing brands and generating encoded content 100% compatible with Authoring applications, software and hardware players. They have long been entrusted and utilized by leading Video Post-Production studios (Imagion, MSM-studios, Paramount, Warner, MGM, Deluxe Digital, Pixar), and Broadcasters (FOX, HBO, Turner) as well as video enthusiasts in Hollywood, Europe and Asia to satisfy their…. Read More>> Go to the top>> Japan-EU trade talks end in Tokyo; nontariff barriers discussed Japan and the European Union ended their second round of free-trade negotiations Wednesday in Tokyo, having discussed the elimination of nontariff trade barriers and setting the stage for starting talks on specific articles of the envisioned pact. During the round that began June 24, Japan detailed its progress in deregulation in such areas as auto safety standards, medicine and medical equipment, according to a government source. The talks for facilitating economic exchanges between the two major economies also covered investment and intellectual property. Read More>> Go to the top>> NEWS JAPAN Patent Landscape Analysis With the help of our technical experts, experienced patent searchers and IP tools developed in- house, we have been able to provide valuable reports to our clients. Our reports have enabled several technology companies across the world to take important strategic decisions. We have performed patent landscape studies for one of the leading semiconductor companies in the US and a top LED manufacturer of Asia to name a few.
  • 13. Page 11 of 15 © TT Consultants, 2013. www.ttconsultants.com Members of Congress: India's Pharma Industry 'Protectionism' Is Harming US Pharma Industry's Abuse of Patent System From the towards-a-forceful-homogenization-of-worldwide-IP-law dept We recently discussed the US Chamber of Commerce's incredibly strange statement on the state of India's IP protection (or lack thereof). The CofC first applauded the success of India's Bollywood industry, achieved without strong IP protection, before insisting the only way it would survive was by implementing strong IP protection. This, of course, was the CofC advancing its own agenda, despite being faced with evidence to the contrary. It's the sort of doublespeak frequently deployed by IP-reliant industries in the US in their attempt to force the world to align their laws with ours. The argument always seems to be for more "protection," even if foreign industries are thriving without it. In a Congressional letter sent to the administration by 170 "concerned" members of Congress, India's IP laws come under attack again. This time it's the pharmaceutical industry being defended from India's supposedly inadequate protections. Under the umbrella of claiming that policies of the Government of India favor domestic producers over U.S. Exporters – in other words, that India is protectionist – the Members of Congress claimed that “the intellectual property (IP) climate has become increasingly challenging in India.” What's so challenging about it? Well, it seems that India actually practices some sort of quality control on patents, much to the dismay of American pharmaceutical companies looking to exploit the system the way they do domestically. Under the WTO TRIPS Agreement, India has every right to define standards of patentability so long as they satisfy minimum standards of patentability set forth in TRIPS, namely novelty, inventive step, and industrial activity. India has elected to define and apply standards of patentability rigorously. When this rigorous standard is applied in India, it prohibits patents on secondary patents involving new uses of existing medicines or minor modifications of existing medicines/active ingredients that do not significantly enhance therapeutic efficacy. This raises the bar for American companies, who are finding it harder to extend patents past the 20-year exclusivity through evergreening (or as pharma companies refer to it: "patent lifestyle management"). While a majority of patents run through the process smoothly, some just don't meet the Indian standard. Read More>> Go to the top>> EDITORIAL Whitespace Analysis Our Whitespace analysis study comes in handy if you are looking at the future of a new technology or looking to diversify into new avenues of technology. We compile and study variety of literature available for a technology- filing trends add up to our analysis and we provide recommendations and an idea of the road
  • 14. Page 12 of 15 © TT Consultants, 2013. All rights reserved – privileged and confidential Invalidation Searches: scourge the earth for the “unfindable” prior art with TT Consultants A shrinking global economy and rapid growth in emerging countries, infringement analysis has poised to become an essential tool for companies. Patent troll, another concept which has emerged over the years, has further contributed in the rise of infringement cases. As a preferred choice of the world’s leading companies and law firms, TT Consultants is committed to world class client satisfaction through its cost effective and best in place invalidation searches, when you need to scourge the earth for the “unfindable” prior art. With an experience of conducting 5000+ prior art searches, TTC is continuously working to reduce patent prosecution and litigation costs for our clients. Here are 6 reasons to work with TT Consultants: 1. Multilingual searches: We provide patent searches beyond the borders of English language through our in-house native searchers in Taiwan. We also have tie-ups with several international law firms to provide patent searches in Chinese (Traditional and Non Traditional), Taiwan, Japanese, French and German languages. 2. Databases: We have access to databases covering more than 100 jurisdictions. The non-exhaustive patent and non-patent databases employed by the companies include Questel Orbit, TI, DWPI, Total Patents LexisNexis, KIPRIS, TIPO, CIPO, AUSPAT, Espacenet, PAJ, SIPO, IEEE, IP.com, Science Direct, Springer, Pubmed, NCBI, Scirus and many others. We employ technology and country specific databases depending on the requirement of each search. 3. Search Strategy: We have a robust search methodology to uncover the most relevant prior art. This included in-depth analysis of file wrapper, inequitable Conduct Search by default in all invalidation projects, patent webbing & citation analysis, along with an extensive keyword & class based search, inventor/assignee search. 4. No Stone Unturned search: A “No Stone Unturned Search” is an extended invalidation search conducted by a team of 4 resources for the duration of four weeks which can be further expedited based on the client’s requirement. Further, native searches are performed as and when required. This gives a broad coverage to any relevant prior arts that may exist. 5. Joint Defence Groups (JDGs): TTC has worked on several critical litigations – often with Joint Defense Groups. We are a trusted search provider for many top companies. Some of our recent JDG cases include cases involving: 26 defendants in digital imaging, 15 defendants in mail marking case, 7 defendants in Lighting case, 10 defendants in Telecom and several other important cases. 6. Pricing: Our quality services are priced at the most competitive rates ($50-55/hour). Read More>> Go to the top>> XLPAT A patent search and review platform for collaboratively managing & monitoring patents. It allows sharing, highlighting and annotation of patents. The user can perform a customized search in the worldwide database and maintain a bucket of relevant patents. Features: Competitor Monitoring: Paid and free alerts PAIR Tracking, Competitive Intelligence Patent Landscape Visualizing Tool: Ideal for in house patent departments, licensing attorneys, licensing professionals Claim Chart Mapping Tool: Ideal for litigators and in house patent departments For more details visit www.xlpat.com EDITORIAL
  • 15. Page 13 of 15 © TT Consultants, 2013. www.ttconsultants.com Taleem inks MoU with Business India, TT Consultants Punjab based Taleem India has signed a memorandum of understanding with Business India Group and Talwar and Talwar Consultants to set up Centres for Media Studies and Intellectual Property Rights. Co-Founder and CEO Taleem India, Jaiprakash S. Hasrajani told media persons after the MoU signing that "idea is to support and boost all facets of entrepreneurships by reaching out to people and offering them advisory services by experts." He said that the proposed Centres are the initiative of Taleem College of International Studies. The Memorandum of Understandings was signed by Executive Director, Santosh Goenka on behalf of Business India Group and Jitin Talwar on behalf of TT Consultants. While the Media Centre at Taleem would facilitate students to contribute to research in new areas along with interaction with industry leaders, the IPR Centre would help in proprietary technology, cloud based IPR systems and knowhow for smooth functioning of this first of its kind Centre. COO, Taleem India, Ms Gursharan Kaur observed that the upcoming Centres at TCIS are a way for the Taleem India to give back to the industry and society as a whole and form part of its Corporate Social Responsibility concept. Read More>> Go to the top>> TTC UPDATES Patent Watch The patent alert service is for clients who wish to remain updated about the latest patents filed in their preferred field of invention. It is a practical step taken by most of the companies who desire to keep track of the new and improved formulations and adjuvant relating to their field of interest or in respect to a competitor's patents. Accordingly, we endeavor to observe patents continually and provide regular updates to our clients. Further, our search includes online product directory and other non patent literature available.
  • 16. Page 14 of 15 © TT Consultants, 2013. www.ttconsultants.com Legal Process Outsourcing In India has Lot potential which is ready to be unleashed One of the recognized way for the law firms, business to cut their litigation and prosecution cost is to outsource their legal products. Nowadays Companies are focusing more and more on new technologies and strategies to get their search done through recognized resources. The requirements now are to cut the cut while proving effective in case of all legal aspects. Currently India is the home for more than 100 of LPO vendors working on the cases in field of IP. The legal processes of rich and developed countries have announced that the next outsourcing windfall is for India. The total worth of the legal industry is around $20 billion and we are in the way to grab the biggest part of it. This is because quality of work along with competitive rates that is the focus of the work done in India. Mitch Kowalski, author of the book on change in the legal profession and an adjunct professor with the University of Ottawa Said in context of legal process outsourcing that LPO’S is starting to move up in the food chain. They are more geared up with technology and are well versed with lean six sigma principles (improving the business efficiency with well defined criteria). India has a potential in IP industry but needs investments. Last Friday, a held conference on intellectual property rights, 2013 planned IPR portfolio growth and new paradigms. Dr. KS Kardam, Deputy controller of said, india has a huge potential, but is way behind other countries such as patent application in Japan 344598, EPO 150961 and 59254 in germany. These all recorded 24 percent growth as compared to india at 12 percent growth. Miss Komal Talwar Founder, TT Consultants, knowledge partner in conference reportedly said that there are not enough patents which are filed from india as compared to other countries. Whereas there is a huge scope and potential. Read More>> Go to the top>> TTC UPDATES Patent Acquisition Services Patent Acquisition/ In- Licensing We work closely with our clients for acquiring the right patents at the right value. The support ranges from landscape, evaluating patent strength to gauging enforcement value. Patent Out-Licensing We help our clients to license their patents to the right purchasers for the right value. This includes identifying the right buyers, performing infringement analysis and other important aspects.
  • 17. Page 15 of 15 © TT Consultants, 2013. www.ttconsultants.com USA Washington DC TT Consultants LLC 1701, Pennsylvania Avenue, NW, Washington DC. 20006 T: 202-370-6170 Email: j.talwar@ttconsultants.com TAIWAN Tainan (Branch Office) Room 410, Technology Transfer & Business Incubation Center, NCKU, No. 1 University Road, Tainan City 701 T: +886-6-2368814 Hsinchu Si-Soft Research Center, 1A2, Lising 1st Road, Hsinchu City Email: lucy.yu@ttconsultants.com.tw Email: a.srivastava@ttconsultants.com INDIA Chandigarh Office 8, Tower B, 3rd Floor, D.L.F, I.T park Chandigarh (U.T)-160101, India T: 0172-4674711 Gurgaon Unit number 252, 2nd floor, Tower B2, Spaze I-Tech Park, Sector49, Sohna Road, Gurgaon-122002 Mobile: +91-9876667711 Email: s.goel@ttconsultants.com Email: n.mahajan@ttconsultants.com Subscribe/Opt in If you wish to receive this Newsletter in future, please click here. Feedback/Suggestion We will be happy to know your feedback & suggestion on the same. Kindly send us an email with your feedback. Unsubscribe If you do not wish to receive this Newsletter in future, please click here, else just reply this mail with the word "Unsubscribe" in the subject of the mail. Disclaimer While every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that maybe required before acting on any matter. *COPYRIGHT NOTICE:-© 2013, India. All Rights reserved with TT Consultants Go To Top >> TT Consultants