On May 12 & 13 the Third Annual International Taxation of Intellectual Property Conference will be held in Amsterdam Managing the tax issues and transactional consequences relating to your intellectual property assets is a critical part of realizing your company's full IP potential. The Third Annual Taxation of Intellectual Property conference will help you to understand the increasing importance of IP related tax issues and provide you with a comprehensive analysis of the issues, developments and skills required for successful IP

Author: 6 months ago

Computer software (or just software) is a general term primarily used for digitally stored data such as computer programs and other kinds of information read and written by computers. Today, this includes data that has not traditionally been associated with computers, such as film, tapes and records. Software is a lot more than just the Microsoft applications which run on a desktop PC or the enterprise applications which run on servers. Software includes such diverse things as video games, web sites,

Author: 6 months ago

Intangible property is one of the most important areas of Transfer Pricing at the moment. Today, intangible property generally represents between 40 and 80 percent of ‘value-add’ of multinational enterprises (MNEs), making it a key component of a MNEs value-chain. Intangible property includes business rights associated with commercial activities, including marketing activities. Intangible property will not always be shown on the balance sheet of a company, and often intangible property attracts a considerable risk, e.g. contract or product liability. There are

Author: 6 months ago

In the 2014, volume 3 edition of the "Journal of Intellectual Property Law and Management" an article is published by IPEG's managing partner, Severin de Wit, called "Challenges in Public and Private Domains will shape the Future of Intellectual Property". The Journal is published by the National Taipei University of Technology (“NTUT”),  a national university located in Taipei City, Taiwan. The Journal is run by the Institute of Intellectual Property, an educational organization of the NTUT. Summary: Market failures, troubled access to

Author: 6 months ago

One of the recent jewels in publications on Innovation, R&D and patenting is prof. Mariana Mazzucato’s book "The Entrepreneurial State debunking private vs. public sector myths". It was mentioned one of the Financial Times' 2013 books of the year, and on Forbes’ list of 13 recommended readings for creative leaders to close out 2013. Rightfully so. According to Mazzucato there are 4 myths that need to be debunked. Myth 1: Innovation is about R&D In order to reach growth for a company spending more

Author: 8 months ago

Non-Practicing Entities (NPEs) and Patent Assertion Entities (PAEs), also referred to as “patent trolls”, are causing heated discussions in the intellectual property space. They are commonly described as entities whose core business model is using IP to collect licensing fees instead of producing actual products. NPEs and PAEs can range from single inventors with sufficient resources to public companies and own portfolios ranging from a single patent to tens of thousands. “At the same time as NPEs create a market for IP, we

Author: 8 months ago

The United States Supreme Court has granted a writ of certiorari this term in Nautilus, Inc. v. Biosig Instruments, Inc. (reviewing the Court of Appeals’ decision in Biosig Instruments, Inc. v. Nautilus, Inc., 715 F.3d 891 (Fed. Cir. 2013)), to address the legal test for when a United States patent claim is invalid for “indefiniteness.”  Because disputes over the definiteness of patent claims are fairly common, the Supreme Court’s forthcoming decision might have an effect on many patent claims. United States

Author: 8 months ago

The patent prosecution highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between offices that have entered into an agreement under the PPH. At present, there are a variety of PPH bi-lateral agreements existing between many pairs of intellectual property offices worldwide. An example of such a bi-lateral agreement is the PPH agreement between the United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) where an applicant who

Author: 10 months ago

By naming former Google IP Chief Michelle Lee Deputy Director the Obama administration has tipped the patent scales in favor of tech businesses with special interests. In the absence of a named Director for over a year, naming Michelle Lee as Deputy effective January 13 will make her the Office’s highest ranking executive. Ordinarily this would not cause a stir, but Google is not a typical technology company. It is vehemently anti-patent, opposed to broad range patents and holders. The

Author: 11 months ago

As we noted in a previous item (“Reselling products in the USA, Part II: ‘First Sale’ doctrine in patent,” March 22, 2013), American patent law features a doctrine of “exhaus­tion,” also sometimes (apparently interchangeably) called “first sale.”  If you own a patent, and a claim of that patent reads on a product you sell, generally you cannot sue a purchaser for infringing that patent by using or selling that product so long as the purchaser complies with any conditions set

Author: 11 months ago

Over the last couple of years we witnessed an increasing interest in patent assets as the IP asset class and what it means for innovation, for R&D, for IP professionals and the financial sector but also for those that treat any intellectual property issue as a not-so-high-on-my-priority-list. Why many treat IP like this is remarkable, given that licensing of patents and know how has become an important channel for diffusing knowledge. Well-functioning technology markets can improve the efficiency of innovation

Author: 11 months ago

Many companies with a meaningful or substantial number of patents in their portfolio organize their portfolio by means of a so called Patent Review Board, a formal review meeting, the purpose of which is to evaluate inventions, to determine which ones should be submitted as patent applications and to genarally discuss patent renewal issues and patent strategy. The decision to file a patent application is ultimately a business investment decision, so some kind of professional decision making process is needed.

Author: 11 months ago