Más contenido relacionado Similar a TTC newsletter Volume 4 (20) TTC newsletter Volume 42. 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 Life's 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
Fluxome's 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
3. 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 Bayer's Nexavar, an advanced
kidney cancer drug.
Read More Go To Top
© TT Consultants, 2012. All rights reserved – privileged and confidential
4. 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 Life's 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
5. 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
6. NEWS INDIA
India’s Copyright Amendment Bill passed
Copyright Amendment Bill has been passed by India's 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 India's 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
7. 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 SIPO's 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 Google's $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 Google's biggest ever. It
has already won clearance from US and European regulators. Google's 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 company's 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
8. 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 Company's first product, a new generation system
that allows surgeons access to deep lesions in the brain. Kenneth Coviello, Vycor's 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
Company's 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
9. 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
10. 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
China's 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 Apple's
"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
11. NEWS JAPAN
Fluxome's 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 Fluxome's 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 baker's 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
12. 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
13. 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
14. 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
India's 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
Alzheimer's disease, Attention deficient hyperactivity disorder (ADHD), Huntington's 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
15. 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
16. 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
17. 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
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