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  • Anti Patent Rhetoric, does it help?
    Anti Patent Rhetoric, does it help?
  • Indonesia and IPR developments, a new dimension
    Indonesia and IPR developments, a new dimension
  • Die EU-Patentrechtsreform – Zurück auf Los?
    Die EU-Patentrechtsreform – Zurück auf Los?
  • FRANDly Licensing in Mobile Telecommunication
    FRANDly Licensing in Mobile Telecommunication
  • Can you predict which patents are high risk?
    Can you predict which patents are high risk?

Anti Patent Rhetoric, does it help?

Anti Patent Rhetoric, does it help?
Posted by ipeg on May 10th, 2012
Why are bright people uncharacteristically dense when it comes to understanding patents? Ignorance about a simultaneously technical, legal and commercial discipline is a factor, but there may be something else going on. The recent wave of assaults on patents and the patent system is difficult to ignore. Attributed to the innovation rights has been everything from destroying American innovation to genital warts. They and those who have the audacity to deploy them have been depicted as the evil marauders. It makes one wonder. A particularly...

Indonesia and IPR developments, a new dimension

Indonesia and IPR developments, a new dimension
Posted by ipeg on May 6th, 2012
Following the conclusion of the TRIPS Agreement, much has been written on the potential costs and benefits of stronger Intellectual Property Rights (IPRs) protection in terms of growth and technology transfer, particularly for developing countries. In a 2006 UNIDO[1] study, new evidence was provided linking protection of IPRs to economic growth, innovation and technology diffusion. Results suggest that while stronger IPR protection can ultimately reap rewards in terms of greater domestic innovation and increased technology diffusion in...

Die EU-Patentrechtsreform – Zurück auf Los?

Die EU-Patentrechtsreform – Zurück auf Los?
Posted by ipeg on April 30th, 2012
Das „Package“ der europäischen Patentgerichtsbarkeit besteht aus zwei Verordnungsentwürfen, der eine zur Sprachenfrage und der andere zum Einheitspatent („EU-Patent“), sowie dem Entwurf für ein Übereinkommen für ein einheitliches Patentgericht[1]. Nach erheblichem Widerstand aus Nutzerkreisen wegen zahlreicher Mängel von Abkommen und Patentverordnung und aufgrund fehlender Einigung über den Sitz des Gerichts wurde der von der polnischen Präsidentschaft überraschend für Ende Dezember geplante Unterschriftstermin abgesagt....
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Patent Law & Regulation

Indonesia and IPR developments, a new dimension

Indonesia and IPR developments, a new dimension
Posted by ipeg on May 6th, 2012
Following the conclusion of the TRIPS Agreement, much has been written on the potential costs and benefits of stronger Intellectual Property Rights (IPRs) protection in terms of growth and technology transfer, particularly for developing countries. In a 2006 UNIDO[1] study, new evidence was provided linking protection of IPRs to economic growth, innovation and technology diffusion. Results suggest that while stronger IPR protection can ultimately reap rewards in terms of greater domestic innovation and increased technology diffusion in...

Motion to German Parliament: No patentability for agricultural livestock and plants

Motion to German Parliament: No patentability for agricultural livestock and plants
Posted by ipeg on February 24th, 2012
On 17 January 2012, the CDU/CSU, SPD, FDP and Bündnis 90/die Grünen parliamentary parties submitted a joint motion to the German Federal Parliament (Bundestag). This provides for a prohibition on patents for conventionally bred agricultural livestock and plants. The significance of global green biotechnology cannot be easily overestimated. 140 million hectares are taken up by the cultivation of these plants worldwide. While large quantities of genetically modified plants are manufactured and sold in the USA and Asia, the acceptance of...

Patent Law Treaty, Promises Not Delivered

Patent Law Treaty, Promises Not Delivered
Posted by ipeg on December 9th, 2011
On 19 December 2011, Cees Mulder will defend at Maastricht University a PhD thesis entitled: “On the Alignment of the European Patent Convention and the Patent Cooperation Treaty with Requirements of the Patent Law Treaty”.  The Patent Law Treaty (PLT) was drafted with the aim to “streamline and harmonize” formal requirements set by national or regional Patent Offices for the filing of national or regional patent applications and the maintenance of patents. The PLT provisions refer as much as possible to the provisions of the...

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IP Management & Licensing

Anti Patent Rhetoric, does it help?

Anti Patent Rhetoric, does it help?
Posted by ipeg on May 10th, 2012
Why are bright people uncharacteristically dense when it comes to understanding patents? Ignorance about a simultaneously technical, legal and commercial discipline is a factor, but there may be something else going on. The recent wave of assaults on patents and the patent system is difficult to ignore. Attributed to the innovation rights has been everything from destroying American innovation to genital warts. They and those who have the audacity to deploy them have been depicted as the evil marauders. It makes one wonder. A particularly...

FRANDly Licensing in Mobile Telecommunication

FRANDly Licensing in Mobile Telecommunication
Posted by ipeg on April 17th, 2012
After the EU Commission has opened a formal antitrust investigation against Samsung a few weeks ago the dispute between the biggest stakeholders in the Telecommunication equipment market recently takes a new turn. The EU Commission has opened two further formal antitrust investigations, this time against Motorola. These investigations are based on complaints filed by Apple and Microsoft. According to these complaints, Motorola has failed to honor its irrevocable FRAND licensing commitments made to standard setting organizations by seeking...

Could AOL Patent Sale Have Netted More Than $1B?

Could AOL Patent Sale Have Netted More Than $1B?
Posted by ipeg on April 10th, 2012
It was widely reported yesterday that AOL Inc. (NYSE: AOL) on Monday agreed to sell more than 800 patents and related products to Microsoft Corp. (NASDAQ: MSFT) for $1.056 billion. It was also written that the struggling online services provider was under pressure from activist investor Starboard Value, holder of 5.2% of AOL’s shares. AOL shares were up 43% for the day. Experts caution the $1.3M paid per patent for the portfolio, among the highest on record, should not be the focus of this transaction or its meaning. Two experienced...

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Valuation

Malta, IPR tax planning opportunities

Malta, IPR tax planning opportunities
Posted by ipeg on March 22nd, 2012
From an IPR tax session held in London between Deloitte, Intertrust and IPEG Consultancy on 30 January 2012, it became clear that Malta may indeed be an excellent jurisdiction to locate intellectual property (IP) and to perform research and development activities (R&D). The legal protection of IP and IP rights is ensured in Malta through domestic law as well as through Malta’s status as a member of the EU and the World Intellectual Property Organisation and a party to a number of international agreements relating to IP rights. From...

The Use of IP valuation in IP transactions, a Global Survey of IP Brokers

The Use of IP valuation in IP transactions, a Global Survey of IP Brokers
Posted by ipeg on January 21st, 2012
The valuation of intellectual property (IP) such as patents, or of non-patented technologies, is still considered by many to be more of an art than a science. While IP valuation might appear to be a routine task for a technology/patent broker, in fact most of the time it can be really difficult to value a patent or technology even for those who work with those assets on a regular basis. In this blog, we set out to explore the usage of standard valuation methods by IP brokers, with the hopes of shedding some light on why brokers rely or...

The Value of Withheld Indemnifications

The Value of Withheld Indemnifications
Posted by ipeg on August 29th, 2011
A senior licensing executive from a prestigious technology transfer office posed the following question to me: “Our TTO is not willing to grant an indemnification to our licensee. In view of this position, to what extent should we discount the value of our licensing agreement? Should we reduce our demands for upfront payments? Seek lower running royalty rates? Waive part of our first milestone payment?” Upon reflection, we can build an argument as to why no discount need be granted. There are three strategies we would employ to support...

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China & IP

India’s New Policy on open Standards for e-Government

India’s New Policy on open Standards for e-Government
Posted by ipeg on January 14th, 2011
India’s government has recently voted through a new directive on the application of open standards in e-Government. Barely a year after China’s SAC (Standardization Administration of China) drafted its proposal on a Standardization Policy (see our earlier blog: “China drafts all-out national standards IPR policy“) and defined what is meant by a FRAND-licensing approach concerning standard essential IPRs in their opinion (i.e. royalty free or at least marginal royalties for patents included in standards) also India jumps...

China’s Challenge to Western’ Concept of Innovation

China’s Challenge to Western’ Concept of Innovation
Posted by ipeg on January 6th, 2011
At the 3rd Global Forum on Intellectual Property held in Singapore today and tomorrow Prof Peter Williamson of the Judge Business School, Cambridge, UK, presented his interesting view[1] on Chinese costs innovation and how that challenges the main stream, mostly Western, concept of innovation. Prof. Williamson’s thesis is that although we have considered the Chinese threat mainly to be one of low-cost manufacturing, the more apparent threat is he calls “cost innovation”: the ability to exploit their low costs in radically new ways...

Does Chinese academic fraud result in unreliable patent data?

Does Chinese academic fraud result in unreliable patent data?
Posted by ipeg on December 14th, 2010
In Dutch daily NRC Handelsblad of December 11 Oscar Garschagen wrote[1] about massive fraud in Chinese academia.  NRC cites Fang Shimin, a freelance writer and self-appointed watchdog of research misconduct who was recently brutally attacked, initiated by Professor Xiao Chuanguo, one of China’s most well known urologists. The magnitude of fraud reported is consistent with a survey administered by China’s Ministry of Science and Technology, showing that one third of 6,000 scientists surveyed admitted to “plagiarism, falsification,...

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