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Newsletter vol. 9 (may jun)


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• Two yrs after launch, Govt asks: Who owns Aakash tablet IPR?
• Merck unit sues Glenmark Pharmaceuticals for infringing patent on diabetes drugs
• NRI companies stake in patents at 79.1% in India
• India allows advocates to file patents again
• Ericsson sues Micromax for patent infringement, claims about Rs 100 crore in damages
• Nutra Pharma Patent and Trademarks Published in India
• Patent Office publishes final version of Guidelines for Examination of Biotechnology Applications for
• Novartis Loses Glivec Patent Battle in India
• WIPO Hails India’s Accession To Trademark System; India Advocates Balance
• Leaked IP Chapter of India-EU FTA Shows TRIPS-Plus Pitfalls for India, Expert Says
• Kolkata’s Haldiram Bhujiawala stripped of its trademark
• South Africa follows India's lead with proposed drug-patent reforms
• Patent Applied: production version of the Honda Concept C leaks out in China
• China Life Sciences Health Industry Client Briefing
• China firm sues Apple over Siri assistant
• Intellectual Property Rights in China
• Neusoft Medical Launches New Products to Global Market at 2013 Spring CMEF
• Aus drug delivery technology gets Chinese patent
• Solar3D Files Patent Application in China for Breakthrough 3-Dimensional Solar Cell
• China's winds of change buffet foreign investors
• China Issues White Paper on Intellectual Property Protection
• Grant of LiDCOrapid GUI patent in Japan
• Joint infringement case of Intellectual Property High Court of Japan
• U.S. Concerns on Japanese Intellectual Property Protection
• Japan, China, S. Korea end first talks on FTA, disagree on intellectual property
• Results of the Third ASEAN-Japan Heads of Intellectual Property Offices Meeting Held in Kyoto
• JPO and Indonesia's DGIPR to Advance cooperation in Patent Examination
• Japan’s rice lobby visits Capitol Hill to fight free trade pact
• Intellectual property is the market to make a name in
• The JPO to Act as a Competent International Searching Authority (ISA) and International Preliminary
Examining Authority (IPEA) for Malaysia

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Newsletter vol. 9 (may jun)

  1. 1. NEWSLETTERRanging from Innovations to Intellectual PropertyCONSULTANTSApplying Intelligence to IP - GloballyMay - Jun’2013Vol. 9,
  2. 2. Contents1. Headlines 12. News India 23. News China 64. News Japan 95. Editorial 12NEWSLETTERTT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual PropertyConsulting firm providing services to more than 500 Companies, universities and researchinstitutes. With clients in more than 20 countries worldwide including US, Europe, Canada,Japan, Singapore, South Korea, Taiwan, India etc., we strive to deliver foremost patentprosecution and litigation support. Innovation, knowledge and transparency, form thefundamental steps to our company’s vision and mission.© TT Consultants, 2013.
  3. 3. © TT Consultants, 2013. www.ttconsultants.comHEADLINES INDIA• Two yrs after launch, Govt asks: Who owns Aakash tablet IPR?• Merck unit sues Glenmark Pharmaceuticals for infringing patent on diabetes drugs• NRI companies stake in patents at 79.1% in India• India allows advocates to file patents again• Ericsson sues Micromax for patent infringement, claims about Rs 100 crore in damages• Nutra Pharma Patent and Trademarks Published in India• Patent Office publishes final version of Guidelines for Examination of Biotechnology Applications forPatents• Novartis Loses Glivec Patent Battle in India• WIPO Hails India’s Accession To Trademark System; India Advocates Balance• Leaked IP Chapter of India-EU FTA Shows TRIPS-Plus Pitfalls for India, Expert Says• Kolkata’s Haldiram Bhujiawala stripped of its trademark• South Africa follows Indias lead with proposed drug-patent reformsHEADLINES CHINA• Patent Applied: production version of the Honda Concept C leaks out in China• China Life Sciences Health Industry Client Briefing• China firm sues Apple over Siri assistant• Intellectual Property Rights in China• Neusoft Medical Launches New Products to Global Market at 2013 Spring CMEF• Aus drug delivery technology gets Chinese patent• Solar3D Files Patent Application in China for Breakthrough 3-Dimensional Solar Cell• Chinas winds of change buffet foreign investors• China Issues White Paper on Intellectual Property ProtectionHEADLINES JAPAN• Grant of LiDCOrapid GUI patent in Japan• Joint infringement case of Intellectual Property High Court of Japan• U.S. Concerns on Japanese Intellectual Property Protection• Japan, China, S. Korea end first talks on FTA, disagree on intellectual property• Results of the Third ASEAN-Japan Heads of Intellectual Property Offices Meeting Held in Kyoto• JPO and Indonesias DGIPR to Advance cooperation in Patent Examination• Japan’s rice lobby visits Capitol Hill to fight free trade pact• Intellectual property is the market to make a name in• The JPO to Act as a Competent International Searching Authority (ISA) and International PreliminaryExamining Authority (IPEA) for MalaysiaEDITORIAL• Novartis loses Glivec patent battle: Major victory for India• Protecting Intellectual Property in China• ‘India should focus on creation of intellectual property, R&D’INDIA CHINA JAPAN EDITORIAL
  4. 4. Page 2 of 15© TT Consultants, 2013. www.ttconsultants.comTwo yrs after launch, Govt asks: Who owns Aakash tablet IPR?Two years after the world’s cheapest internet access device, the Aakashtablet, was launched in India, claims over its ownership have begun to haunt thegovernment. The Human Resource Development Ministry has initiated an inquiryto find out who really owns the Intellectual Property Rights (IPR) of the Aakashtablet project. These inquiries, highly-placed sources said, are rooted in therepeated claims over ownership of the tablet design by Canada-based IT firmDatawind, whose chairman Suneet Singh Tuli has said on more than one occasionthat his company owns the Aakash Intellectual Property Rights.If that be the case, how is Aakash’s one of the biggest achievements of the UPAgovernment and that of India? Sources in the Human Resource DevelopmentMinistry say they are digging into Aakash files to arrive at a legally sound….Read More>> Go to the top>>Merck unit sues Glenmark Pharmaceuticals for infringing patenton diabetes drugsUS-based MSD Pharma, the third-largest pharma company in the world byrevenues, has asked the Delhi High Court to bar Mumbai-based Glenmark fromselling two popular anti-diabetic drugs, triggering yet another legal battle betweenan Indian generic company and a member of Big Pharma.MSDs move comes a week after Glenmark Pharma launched generic versions of arange of anti-diabetes products sold by the US company under the brand namesJanuvia and Janumet. Glenmark has branded its medicines Zita and Zita Met andaims to grab a share of the 3,000-crore Indian anti-diabetic market. MSDs drugcosts 40 per tablet. Glenmark officials, who did not wish to go on record, said ithas priced its product at a 20% discount to the innovators version.Read More>> Go to the top>>NRI companies stake in patents at 79.1% in IndiaNon-resident companies in India contributed to 79.1% of the total numberof patents in 2012, according to World Intellectual Property Rights Organization(WIPO). Speaking at an event here, Sandeep Kejriwal, Chair of NASSCOMBangalore GIC Chapter and CFO, EMC Corporation, India Center of Excellence saidthat this was a resultant of significant change in expectations of their parentcompanies. “In the case of Globalise, Innovate, Collaborate’ (GIC) Impact onBusiness Outcomes” ranked 2 after “Cost and productivity”, he said quoting a2012 McKinsey survey.Read More>> Go to the top>>NEWS INDIAPatent Support ServicesAt TTC, we providepatent litigation support,patent prosecutionsupport, licensingsupport, patentacquisition support,technology transferconsulting, patentportfolio managementand other legal supportservices to leadingpatent law firms,companies, universities,research institutes andintellectual propertyowners.
  5. 5. Page 3 of 15© TT Consultants, 2013. www.ttconsultants.comIndia allows advocates to file patents againIndian legal practitioners are free to file patent applications regardlessof their educational background, following a ruling at the Madras High Court onFriday. The court ruled that patent agents no longer need a science, technologyor engineering degree to file applications before the Indian Patent Office.Instead, anyone classed as an advocate has the right to work as an agent. Ifupheld on a likely appeal, the ruling would see a return to the 1972 to 2003 erawhen, before an amendment to The Patents Act, advocates were allowed to filepatent applications. In 2006, a lawyer named SP Chocaklingham challenged thepatent office after it refused him entry for a patent agent’s exam because hedidn’t have the requisite science, technology or engineering degree.Read More>> Go to the top>>Ericsson sues Micromax for patent infringement, claims about Rs100 crore in damagesEricsson, the worlds largest mobile network infrastructure player, hassued homegrown handset major Micromax for patent infringement, markingthe arrival of bigticket technology patent litigation to Indian shores. TheSwedish network equipment maker has moved the Delhi High Court claimingabout Rs 100 crore in damages, saying it was taking legal action after threeyears of negotiations failed to yield a licence agreement on standards-essentialpatents. The claimed damages make it the largest patent suit in Indias IT andtelecom space, reckon patent experts. Ericsson alleged that Indias largestdomestic handset maker has refused to enter into a licensing agreementcovering its patented innovations across several wireless technology standards.Read More>> Go to the top>>Nutra Pharma Patent and Trademarks Published in IndiaNutra Pharma Corporation (OTCQB: NPHC), a biotechnology companythat is developing treatments for Multiple Sclerosis (MS), HumanImmunodeficiency Virus (HIV), Adrenomyeloneuropathy (AMN) and Pain,announced today that it has received notification that their patent andtrademarks for its Nyloxin™ line of pain relievers have been published in IndiasOfficial Journal. This allows for patent and brand protection, leading to eventualsales through Indian distributors. "The patent and trademark publications inIndia represents one of the more significant international market opportunitiesfor Nyloxin," commented Rik J Deitsch, Chairman and CEO of Nutra Pharma.Read More>> Go to the top>>NEWS INDIAPatent InvalidationSearchWe ‘scour the earth’when it comes tosearching for prior artin order to invalidate atroublesome patent.We have helpedseveral US and Asiancompanies save hugelitigation costs byuncovering highlyuseful prior arts. Wehave Mandarin,Japanese and Koreanative searchingcapability. We are apreferred choice forcompanies involved incomplex patentlitigation and haverepresented many JointDefense Groups(JDGs) in such cases toidentify relevant priorart for invalidatingpotentially dangerouspatents.
  6. 6. Page 4 of 15© TT Consultants, 2013. www.ttconsultants.comPatent Office publishes final version of Guidelines forExamination of Biotechnology Applications for PatentsThe Patent Office has published the final version of the “Guidelines forExamination of Biotechnology Applications for Patents”, accessible over here,dated March 25, 2013. The draft version of these guidelines was publishedinitially in December, 2012 and made available for public comment on the PatentOffice website. The public comments received by the Patent Office, most ofwhich were negative, were published on the patent office website and I’m toldthat the Patent Office did organize a meeting with the important stake-holders.Read More>> Go to the top>>Click here to download the Pdf for Guidelines for Examination of BiotechnologyApplications for PatentsNovartis Loses Glivec Patent Battle in IndiaIndias Supreme Court rejected Novartis AGs NOVN.VX -0.07% attemptto win patent protection for a major cancer drug, a landmark judgment roundlycriticized by pharmaceutical companies but praised by public-health activists,who said it would protect Indias ability to make inexpensive generics for thedeveloping world. The case began when India first rejected Novartiss patentapplication in 2006 for Glivec, known in the U.S. as Gleevec. The legal fight hasbeen a closely watched struggle highlighting the tensions between public-healthinterests and intellectual-property rights.Read More>> Go to the top>>WIPO Hails India’s Accession To Trademark System; IndiaAdvocates BalanceA full room of country delegates and ambassadors gathered yesterday tocelebrate the accession of India to the Madrid Protocol for the InternationalRegistration of Marks at the World Intellectual Property Organization. However,beyond the joy of accession, the recent decision of the Indian Supreme Court ona Novartis drug patent loomed in the room. WIPO convened a high-level policydialogue on the occasion, welcoming Anand Sharma, Indian minister forcommerce and industry on 8 April. WIPO Director General Francis Gurry said theaccession of India to the Madrid Protocol for the International Registration ofMarks was of great significance for WIPO. India, he said, is the fourth fastestgrowing economy in the world, the second most populous country with 1.2billion people, and the fourth economy in terms of purchasing power.Read More>> Go to the top>>NEWS INDIAPatentability SearchA thorough patentabilityassessment searchconducted on anexhaustive list of patentand non-patentdatabases. We offerinnovative searchreports that come alongwith a key feature chartand many valueadditions offered bynone other in theindustry. This service isbeing extensively usedby the best researchinstitute of Asia, severalnational universities ofTaiwan, top law firms inthe US and 5 fortune500 companies to namea few.
  7. 7. Page 5 of 15© TT Consultants, 2013. www.ttconsultants.comLeaked IP Chapter of India-EU FTA Shows TRIPS-Plus Pitfalls forIndia, Expert SaysIndian negotiators are reportedly under tremendous pressure to give into the European demands for a more rigid intellectual property rights regime inthe ongoing discussions on EU-India free trade agreement suggests a leaked drafttext of the chapter on IP which is being negotiated.The leaked text has been uploaded on the portal of Knowledge EcologyInternational (KEI), an international NGO that tracks debates around intellectualproperty policy and practice worldwide. At the time of writing, there has been noofficial confirmation or denial about the veracity or otherwise of the leakeddocument from the Indian government. Chief negotiators of the two sides arescheduled to meet next week in Brussels.Read More>> Go to the top>>Kolkata’s Haldiram Bhujiawala stripped of its trademarkThe Intellectual Property Appellate Board (IPAB) on Friday ordered theremoval of trademark registration made in favour of the Kolkata based-HalidramBhujiawala. Now Haldiram (India) Pvt. Ltd, New Delhi, alone can use thetrademark ‘Halidram Bhujiawala’. The ruling ended a long-drawn disputebetween family members of Ganga Bishan, who first adopted the trademark.Ruling in favour of the New Delhi-based firm, the Board comprising its ViceChairman S. Usha and its member V. Ravi held that the proprietors of the Kolkatafirm had not produced any cogent evidence and “therefore, the registration is inviolation of the provisions of the Trade Marks Act.”Read More>> Go to the top>>South Africa follows Indias lead with proposed drug-patentreformsIndias patent regime already has one imitator. South Africa plans torevamp its intellectual property laws to make it more difficult for pharmacompanies to win protection for new versions of older drugs. The move comessoon after Indias top court backed strict requirements for drug patents.Public health groups, such as Médecins Sans Frontières (MSF), have been urgingSouth Africa to follow Indias lead in reforming patent laws. The country has asizable population of HIV-positive patients who would benefit from low-costtreatments. A top government official told Reuters that the changes would speedcheap generics to market and keep drugmakers from milking their older…..Read More>> Go to the top>>NEWS INDIAStructure & SequenceSearchWhen you request achemicalstructure/substructuresearch, our domainspecific searchers withextensive experienceperform patent searchesand deliver insightfulresults for compoundsmatching the querystructure, as well as forcompounds containingthe query structure as asubset (substructure) of alarger structure.
  8. 8. Page 6 of 15© TT Consultants, 2013. www.ttconsultants.comPatent Applied: production version of the Honda Concept C leaksout in ChinaHonda has applied for patent on the production version of the Honda ConceptC, the pictures leaked out, so we know what it will look like. The Honda Concept Cdebuted as a concept on the 2012 Beijing Auto Show and the production versionwill debut on the Shanghai Auto Show in April. Launch on the Chinese car market isexpected for May or June.The Concept C is a new mid-size sedan that will be positioned under the HondaAccord. It will be made in China by the Guangzhou-Honda joint venture that alsomakes the Accord. Honda is considering export from China to other Asian countriesbut plans are not finalized yet. Engines: 1.8 or a 2.0, both mated to a 5-speedmanual or 5-speed automatic.Read More>> Go to the top>>China Life Sciences Health Industry Client BriefingPharmaceuticals, Medical Devices, Health Care & Life SciencesMedical DevicesCFDA Seeks Public Comment on Special Approval Procedures for InnovativeMedical DevicesChina Food and Drug Administration (“CFDA,” previously known as “SFDA”)issued a draft Notice on Soliciting Public Comments on the Special ApprovalProcedures for Innovative Medical Devices for Trial Implementation (“Draft SpecialProcedures”). The Draft Special Procedures provide for a separate approval processaimed at encouraging the development of qualified, innovative products.According to the Draft Special Procedures, medical device manufacturers and theirproducts must meet the following conditions to qualify for approval procedures:Read More>> Go to the top>>China firm sues Apple over Siri assistantA Chinese company says it is suing Apple Computer, alleging the Siri digitalassistant featured in iPhones and iPads violates patents it holds. Zhi Zhen NetworkTechnology says it was granted a Chinese patent in 2006 for its Xiao i Robotsoftware, Apple Insider reported Wednesday. Xiao i Robot features voiceinteractions and is able to answer questions and hold simple conversations in muchthe say way Apples Siri does. Zhi Zhen Network Technology claims its technology --released in versions for the web, Android, Windows Phone, desktops and ApplesiOS -- has more than 100 million users in China.Read More>> Go to the top>>NEWS CHINAFreedom to OperateSearchWe provide aproactive patentstudy for mitigatingthe risks involvedbefore entering anew jurisdiction andhave the capability tosearch in variousgeographiesincluding most of theAsian countries andsome Europeancountries. Ourexperiencedprofessionalsperform an in-depthsearch and veryclosely examine theprior art vis-à-vis theproduct features.Claim charts areprepared based uponthe national patentlaws.
  9. 9. Page 7 of 15© TT Consultants, 2013. www.ttconsultants.comIntellectual Property Rights in ChinaAccording to AmCham-China’s 2011 Business Climate Survey, there was arise in the percentage of members who rank intellectual-property rights (IPR)infringement among the top-five business challenges, from 19% in 2010 to 24% in2011. The results highlight the imperative for intellectual-property protectionamong companies doing business in China. Since securing IPR enables companiesto prevent their brands or innovation from being illegally copied, it is thereforecrucial for companies to stay informed on the latest IPR developments in China.What is the current situation? As many companies will have observed, theproblem of IPR infringement is widespread in emerging nations. Statistics from theUS embassy in Beijing show that, over the past few years, China has topped…..Read More>> Go to the top>>Neusoft Medical Launches New Products to Global Market at 2013Spring CMEFNeusoft Medical Systems Co., Ltd. ("Neusoft Medical"), a wholly ownedsubsidiary of Neusoft Corporation (SSE: 600718), today announced the launch of avariety of new products to the global market in the categories of CT, digital X-ray,diagnostic ultrasound system, and clinical examination equipment. These newproducts were exhibited at the Spring Edition of the 69(th) China InternationalMedical Equipment Fair (CMEF) in Shenzhen. The Neusoft exhibit demonstrates thelatest round of innovative solutions for the middle and high-end medicalequipment market since its launch of Chinas first independently developed 64-slice CT Scanner last year. The new products demonstrate the Companyscontinuous investment in R&D as well as its commitment to bringing….Read More>> Go to the top>>Aus drug delivery technology gets Chinese patentAustralian-based Imugene gets Chinese patent application for drug deliverytechnology Linguet, which enables the active ingredient of drugs to be absorbedstraight into the bloodstream when placed inside the cheek or under the tongue.Australian drug delivery technology company Imugene has received key Chinesepatent application for the companys novel drug delivery technology Linguet. TheChinese application provides protection around Linguets formulations and otherspecific excipients for a class of drugs that prevent the loss of bone mass, known asbisphosphonic acids and bisphosphonates, which are used to treat conditions…..Read More>> Go to the top>>NEWS CHINAPatent Drafting &IllustrationsA well drafted patent isthe key to a strongpatent and holds thehighest chances of beingaccepted by theNational Patent Office.Our experienced andtechnically trainedprofessionals do acomprehensiveunderstanding of thesubject matter and usetheir exceptionalcommunication skills toelucidate the inventionand the draft is bydefault reviewed by anIndian Patent Attorney.Further, the draft isreviewed by respectivefiling country PatentAttorney.We have Illustratorswho are well conversantwith the rules ofUSPTO, PCT andother National PatentOffices.
  10. 10. Page 8 of 15© TT Consultants, 2013. www.ttconsultants.comSolar3D Files Patent Application in China for Breakthrough 3-Dimensional Solar CellSolar3D, Inc. (OTCBB: SLTD), the developer of a breakthrough 3-dimensional solar cell technology to maximize the conversion of sunlight intoelectricity, today announced that the company has filed a patent application toprotect its next generation solar cell design and methods of fabrication in China."China and the US represent an enormous share of the worlds future demand forsolar cells over the next two to three decades," said Jim Nelson, CEO of Solar3D."By protecting our intellectual property in China, in addition to the existingprotection we have in the US, Solar3D will have exclusive access to these importantmarkets for our breakthrough technology."Read More>> Go to the top>>Chinas winds of change buffet foreign investorsDitlev Engel, the chief executive of the worlds biggest wind turbine makerVestas, could be excused a wry smile at the past weeks trumpeting of Australiasspecial relationship with China. Mining tycoons and banking barons hailed thestream of agreements signed during Prime Minister Julia Gillards official visit tothe Middle Kingdom, ranging from direct dollar-yuan conversions and annualleadership meetings.For companies like Vestas, though, China offers at least as much threat asopportunity. Among the first things Engel did after joining Vestas in 2005 was todecide on setting up a base in China, with a 100 per cent local supply chain target.Since then, renewable energy in China has boomed like few other regions, withinstalled capacity rising six-fold between 2008 and 2012, and the country now…..Read More>> Go to the top>>China Issues White Paper on Intellectual Property ProtectionChina’s Supreme People’s Court (SPC) released the “White Paper onIntellectual Property Rights Protection (2012)” (hereinafter referred to as the‘Paper’) on April 22, which summarizes the progress China has made in promotingand implementing the national intellectual property strategy in 2012. Detailedinformation can be found below.Overall Situation: In 2012, courts in China strengthened the judicial protection ofintellectual property rights (IPR). As a result, the number of intellectual property-related cases has increased substantially. Specifically: The number of civil casesreceived over IPR issues amounted to 87,419 in 2012, up 46 percent year-on-year.Read More>> Go to the top>>NEWS CHINAClaim ChartPreparationThis search helps inidentifying thepotential infringers of aparticular patentportfolio. Over theyears, we have evolvedan innovative andeffective strategy toidentify infringingproducts/standardsand ascertaining theinfringement. Thisservice is used by aleading semiconductormanufacturer andsome fortune 500companies across theglobe.
  11. 11. Page 9 of 15© TT Consultants, 2013. www.ttconsultants.comGrant of LiDCOrapid GUI patent in JapanLiDCO Group Plc (AIM:LID), the cardiovascular monitoring company,announces that the Japan Patent Office has granted a patent protecting the novelGraphical User Interface (“GUI”) of the LiDCOrapid monitor in Japan, the world’ssecond largest market for hemodynamic monitoring.The distinctive display of hemodynamic parameters by LiDCO’s GUI makes thetouch-screen monitor unique and more interpretable than traditional displays inthe surgical setting. This GUI forms the structure of the screen displayed by thenew LiDCOrapid v2 with Unity software. A patent protecting the GUI was grantedin the EU in September 2011 and is currently pending in the US. Japan is one ofLiDCO’s most significant markets, along with the UK and US.Read More>> Go to the top>>Joint infringement case of Intellectual Property High Court ofJapanIn the Akamai case, CAFC made a historical decision on August 31, 2012, inthat a joint infringement via Internet was decided to constitute the inducedinfringe of 35 U.S.C. §271(b). Such a decision revokes past decisions made byCAFC itself, and mentions that it may be possible to apply claims includingmultiple steps and a network to the cases conducted by two or more parties viathe network. Hereinafter, we would like to introduce a Japanese case, “INTERNETNumber case” (H20 (Ne) No. 10085, decided on March 24, 2009) which is similarto the Akamai case.Outline: INTERNET Number Corporation (hereinafter, INTERNET Number) is apatentee of Japanese Patent No. 3762882 (hereinafter, ’882 patent). INTERNETNumber asserted that a service “JAdress” provided by Netpia Inc. (hereinafter,Netpia) infringes Claim 1 of ’882 patent…..Read More>> Go to the top>>U.S. Concerns on Japanese Intellectual Property ProtectionJapanese Prime Minister Abe Shinto is expected to announce his nation’sintention to enter the Trans Pacific Partnership negotiations at 6pm on Friday. Tojoin the negotiations, Japan will need to win the consent of Australia, NewZealand and the United States (the other nations have already indicated theirapproval). Japan has generally strong levels of intellectual property protection,and was the first nation to ratify ACTA, so it has been suggested that its entrancemight be helpful for American negotiators pushing for TRIPS-Plus intellectual……Read More>> Go to the top>>NEWS JAPANPatent & TrademarkFiling in IndiaOur Indian IPProsecution Partner– Talwar Advocatesestablished since1983, handles patentand trademark filingin the Indian PatentOffices. The firm hasthe infrastructure andresources to take onthe whole range ofconventional andnon-conventional IPissues and offerclientscomprehensiveservices in structuringand securing a patentportfolio. The firmpossesses the distinctadvantage of filingPatents, Trademarksand PCT NationalPhase applicationselectronically inIndian Patent Office.
  12. 12. Page 10 of 15© TT Consultants, 2013. www.ttconsultants.comJapan, China, S. Korea end first talks on FTA, disagree onintellectual propertyJapan, China and South Korea agreed to form working committees ontariffs, investments and eight other subjects before ending their first round of talkson a trilateral free trade agreement on March 28. But Beijing remained opposed tostrengthening intellectual property protection. China did agree to enternegotiations on reviewing its investment regulations, which currently ban Japan-based and other foreign companies from acquiring more than half of the stocks ofChinese companies. “China has agreed to enter negotiations because it is becominga country that makes investments in foreign countries,” said a South Korean….Read More>> Go to the top>>Results of the Third ASEAN-Japan Heads of Intellectual PropertyOffices Meeting Held in KyotoOn April 14, 2013, the Japan Patent Office (JPO) and the IntellectualProperty Offices of the Member States of the Association of Southeast AsianNations (ASEAN) (hereinafter referred to as the "IP Offices") held the third ASEAN-Japan Heads of Intellectual Property Offices Meeting in Kyoto. At the meeting, theJPO and ASEAN IP Offices agreed that, as new items, the cooperation program (theAction Plan) should additionally include the promotion of their cooperation incertain areas, such as measures against counterfeit products in collaboration withthe Economic Research Institute for ASEAN and East Asia (ERIA) and otherorganizations, the enhancement of IT support to share examination informationwith the IP Offices, and the strengthening of Japans support to the IP Offices toimpart the JPOs examination practices.Read More>> Go to the top>>JPO and Indonesias DGIPR to Advance cooperation in PatentExaminationThe Japan Patent Office (JPO) held a meeting with the Directorate Generalof Intellectual Property Rights (DGIPR) of Indonesia, and both sides agreed tolaunch a pilot program of the Patent Prosecution Highway (PPH) on June 1, 2013.At the same time, the JPO will, from the same day, act as a competentInternational Searching Authority (ISA) and International Preliminary ExaminingAuthority (IPEA), for PCT international applications filed with the DGIPR.Background: The JPO has been intensifying intellectual cooperation with rapidly-growing ASEAN countries in order to promote further economic development in….Read More>> Go to the top>>NEWS JAPANPatent LandscapeAnalysisWith the help of ourtechnical experts,experienced patentsearchers and IPtools developed in-house, we have beenable to providevaluable reports toour clients. Ourreports have enabledseveral technologycompanies across theworld to takeimportant strategicdecisions. We haveperformed patentlandscape studies forone of the leadingsemiconductorcompanies in the USand a top LEDmanufacturer of Asiato name a few.
  13. 13. Page 11 of 15© TT Consultants, 2013. www.ttconsultants.comJapan’s rice lobby visits Capitol Hill to fight free trade pactRice is a staple food in Japan, but it is also a cultural staple — so much so,say opponents of a 12-nation­ free-trade agreement, that the values learnedthrough rice farming keep the streets of Tokyo safe and the nation stable.“Rice farming is the basis of our cultural norms. It is a collaboration,” HaranakaKatsuyuki, an organizer of the Citizen’s Congress for Opposing the TranspacificPartnership, said in the middle of a four-day U.S. lobbying tour against theproposed treaty. If an agreement forces down the expensive tariffs Japan uses tomaintain domestic rice production, “it will be a tremendous culturaltransformation,” he said.Read More>> Go to the top>>Intellectual property is the market to make a name inIntellectual property (IP) and patent laws in the UAE and the wider regionare lacking in effectiveness, hindering investment and technological advancement.According to the World Intellectual Property Organisation (Wipo) 75 per cent ofthe worlds patents are filed by China, Japan and the United States each year,followed by South Korea and Germany. Last year almost 195,000 patents werefiled across the world, and the US alone accounted for 48 per cent of thoseapplications. This is no surprise considering these countries are known for theirtechnologically advanced environments.Although the Middle East lags firmly behind, there is still some hope for the regionas greater investment pours into the higher education and science sectors in thehope of shifting oil-based economies to knowledge-based ones.Read More>> Go to the top>>The JPO to Act as a Competent International Searching Authority(ISA) and International Preliminary Examining Authority (IPEA)for MalaysiaThe Japan Patent Office and the Intellectual Property Corporation ofMalaysia (MyIPO) have agreed that the JPO will act as a competent InternationalSearching Authority (ISA) and International Preliminary Examining Authority (IPEA)for PCT international applications*1 filed with MyIPO on April 1, 2013 andonward. Under this agreement, applicants in Malaysia, including Japanese-affiliated companies, will be able to obtain the result of the JPOs high-qualityprior art search results for PCT international applications by choosing the JPO asthe ISA or IPEA in the request.Read More>> Go to the top>>NEWS JAPANWhitespace AnalysisOur Whitespaceanalysis study comes inhandy if you arelooking at the future ofa new technology orlooking to diversify intonew avenues oftechnology. Wecompile and studyvariety of literatureavailable for atechnology- filingtrends add up to ouranalysis and we providerecommendations andan idea of the roadahead.
  14. 14. Page 12 of 15© TT Consultants, 2013. www.ttconsultants.comNovartis loses Glivec patent battle: Major victory for IndiaSupreme Court’s refutation for Novartis’ plea to get patent protection for its bloodcancer drug Glivec, turned out to be a major success for the Indian pharmaceuticalfirms. This had been the most awaited ruling after the government granted thecompulsory license to Natco Pharma to locally produce their liver-kidney cancerdrug Nexavar, in March last year.Though the newer form of Glivec has been patented in nearly 40 countries,its protection in India has been denied on the grounds that it is an amendedversion of a known compound. This might lead to a perception that India offersweak IP protection. Another implication of this decision could be that foreignPharma companies might delay the launch of new drugs in India and further,holdup future investments in drug discoveries and development in India.Most of the patented drugs are unaffordable for many people. Drugcompanies usually adopt various patenting techniques to retain their profits and tokeep the generic manufacturers from making copies of these expensive drugs. Theverdict has opened the market for newer players, allowing the local drugcompanies to make their versions of Glivec, at much cheaper rates. It has broughtin some relief not only for the cancer patients but also for the developing nationsthat depend on generic copies of lifesaving drugs.The generic drug makers can now continue to supply cheap drugs, whichwould help India to ultimately position as a blooming generics market and a low-cost global provider of otherwise expensive life-saving drugs.Read More on India’s First Compulsory License>> Go to the top>>Indias top court backs generics in key drug patent ruling>>EDITORIALPatent WatchThe patent alert serviceis for clients who wishto remain updatedabout the latest patentsfiled in their preferredfield of invention. It is apractical step taken bymost of the companieswho desire to keeptrack of the new andimproved formulationsand adjuvant relating totheir field of interest orin respect to acompetitors patents.Accordingly, weendeavor to observepatents continually andprovide regular updatesto our clients. Further,our search includesonline productdirectory and other nonpatent literatureavailable.
  15. 15. Page 13 of 15© TT Consultants, 2013. www.ttconsultants.comProtecting Intellectual Property in ChinaChina is often perceived as a lawless place where anything goes when it comes tointellectual property. This is somewhat misleading, as China has excellent laws thatoffer a great deal of protection for intellectual property. What China does not have isexcellent enforcement of those laws.Just because Chinas enforcement of its IP laws is weak does not mean it isnonexistent. Companies that formally register their IP with the appropriateauthorities, ensure their contracts with Chinese suppliers are well-drafted, andperform proper due diligence before selecting their Chinese partners at least have achance to stop third-party infringement. Companies that do none of the above haveno one to blame but themselves.TrademarksChina employs a “first to file” system for trademark registration, which meansthat China does not give any protection to unregistered trademarks. This comes as ashock to companies used to the Anglo-American system, under which a companygains common law rights by virtue of using a brand in commerce. In China, someonecan register another company’s trademark and then prevent them from using it, evenif they dont sell a single product. This is even the case if all a company is doing ismanufacturing in China for export. It is a common occurrence and the options at thatpoint are not particularly appealing: pay a licensing fee to the Chinese trademarkowner, buy the trademark outright, or change the trademark.If a company plans to use their trademark in China in the near future, theyshould register it before someone else beats them to it. Currently, it takesapproximately 15 months for Chinas Trademark Office to issue a trademark. Whileyour application is pending, no one else can stop the registering company from usingthe mark, but neither can others be legally stopped from using it. The main caveat isthat a trademark should not be applied for too early; if a trademark is not used incommerce during a three-year period, it is at risk of cancellation.Companies should consider trademarking any distinctive phrase or logo usedon their products or their packaging, or used in the marketing or sale of services. If aforeign company sells products or services in China, it should select and register aChinese-language mark as well. No matter how well-known, simple, or catchy anEnglish-language mark may be, if a Chinese-language trademark is not chosen, thenChinese consumers and retailers will come up with one. And since the foreigncompany didnt pick it, chances are good that it wont own it either, because someonein China will have registered it first.Read More>> Go to the top>>EDITORIALTechnologyTransfer/CommercializationTT Consultants isworking with severaltechnologycompanies on patentlicensing,technology/productcommercialization,and know-howtransfer. We have: Established IndiaBusiness Deskfor the incubationcompanies ofseveral nationaluniversities ofTaiwan Tie-ups with thebest researchinstitutes in Asia Successfullycommercializedseveral productsand technologiesin various parts ofthe world.
  16. 16. Page 14 of 15© TT Consultants, 2013. All rights reserved – privileged and confidential‘India should focus on creation of intellectual property, R&D’Addressing over 300 delegates and experts in aerospace and energy sectorsfrom across the world, Narendra Jadhav, member of the Planning Commission,underscored the need to boost efforts towards the creation of intellectual property,and double funding to ongoing research and development (R&D) programmes athome.He elaborated on the policy perspective of the 12th Five–Year-Plan in hisspeech at the inaugural function of the two-day international symposium onaerospace and energy sectors ‘VICAS-2013’ here on Friday. Dr. Jadhav noted withconcern the slow pace of progress in the creation of intellectual property and R&D inIndia. Though the nation is experiencing rapid growth in some economic areas, it lagsbadly in the creation of intellectual property, as compared to more advancedcountries in the west.He said the challenges of the robust economy could be addressed byinvestments in knowledge-based areas, for which the government and privateenterprises need to support R&D efforts by increasing funding from the present 1 percent of the GDP to at least 2 per cent. He said the 12th Plan, which was to be releasedsoon, would boost the pace of progress: “it is focussed on sustainable growth, andutmost importance has been given to the aerospace sector and research activities.”The plan emphasises space communication, and it could be possible to meetthe target of having 400 transponders in place by 2017. Fifty-eight space missionshave been planned for implementation during the 12th plan, including launching 28satellite and 25 satellite launch vehicles. The government is already working on theIndian Regional Navigational Satellite System through the Indian Space ResearchOrganisation to meet the requirement of the civil aviation industry.Mars missionDr. Jadhav said India’s mission to Mars would be implemented in 2015, andISRO’s plans for deep space investigation are being readied for the historical occasion.The role of science and technology is crucial in solving the major problems our countryfaces, he added. He also elaborated on how the Union government planned to expandits satellite communication for weather monitoring and disaster management.The symposium was jointly organised by Visvesvaraya TechnologicalUniversity in association with CANEUS International, Canada, and the National Designand Research Forum, India. Kyle Nunas, Canada’s Consul and Senior TradeCommissioner to India, pointed out that the symposium was a welcome developmentin the wake of discussions between the Prime Ministers of India and Canada inNovember last year.This had resulted in the announcement of a joint action plan to collaborate invarious spheres of science and technology, such as aerospace, energy andnanotechnology.Read More>> Go to the top>>Patent AcquisitionServicesPatent Acquisition/ In-LicensingWe work closely withour clients for acquiringthe right patents at theright value. Thesupport ranges fromlandscape, evaluatingpatent strength togauging enforcementvalue.Patent Out-LicensingWe help our clients tolicense their patents tothe right purchasers forthe right value. Thisincludes identifying theright buyers,performinginfringement analysisand other importantaspects.EDITORIAL
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