IP Services

IP PUBLICATIONS

Book Review
Patent Management Protecting Intellectual Property and Innovation by Oliver Gassmann, Martin A. Bader, Mark James Thompson (Springer 2021)
in: World Patent Information (Elsevier) published 8 October 2021
2033, Patent rights, Property, Exclusivity
and how a Newborn reaching the Age of Maturity will experience the Patent System, if there is still one


Trust and Government by Judges
Intellectual Property Journal IER 2020/47 p. 373-381 Album Amicorum Ernst Numann (Wolters Kluwer Publishers, 2020)

ISSN 0169-1074
Challenges in Public and Private Domain Will Shape the Future of Intellectual Property
in: The Law of the Future and the Future of Law, Volume II, p. 323-337 (Torkel Opsahl Academic EPublisher, The Hague (2012)
ISBN 978-82-93081-80-7
Will the Patent Act Survive 2110?
in: A Century of Patents in the Netherlands, a publication commemorating the 100 year existence of the Dutch "Patent Act 1910", published by the Netherlands Patent Office, Sdu Uitgevers (2010)
Octrooien en innovatie, terugkijken is leren voor de toekomst
in: Een eigen, oorspronkelijk karakter
Liber Amicorum Prof. Jaap H. Spoor p. 387-395 (Uitgeverij De Lex 2007)
ISBN 978-90-8692-008-2
  1. the act of establishing or acquiring a foreign subsidiary over which the investing firm has substantial management control’ (Keith E. Maskus, Rights in Encouraging Foreign Direct Investment and Technology Transfer, Duke Journal of Comparative & International Law, 1998, p. 109)
  2. Company A with patents merges with Company B, which has no patents, so the merged Companies own the patents of A.
  3. see e.g. swaps in life sciences industries (GSK/Novartis), The Life Sciences Asset Swap Opportunity, Difficult to achieve but worth the effort?” KMPG Ireland 2018.
  4. is someone who holds a patent for a product or process but has no intentions of developing it.
  5. The Diplomat, Mapping China’s Investments in Europe. The last eight years have seen a paradigm shift in Chinese investments in Europe (March 2019)
  6. In The Netherlands in 2018 a new law was proposed and sent to the Council of State (Raad van State) (“Wetsvoorstel Ongewenste zeggenschap telecommunicatie“) to protect telecom companies from “unwanted” foreign investments or takeovers).
  7. like the assumption that the Chinese Government was behind the stealing of lithography know-how (trade secrets) whereas no proof was there for such an allegation, according to ASML.
  8. see an OECD document “Acquisition- and ownership-related policies to safeguard essential security interests New policies to manage new threats” a research note on current and emerging trends, prepared for participants in an OECD conference on this subject, held on March 12, 2019, Paris, France).
  9. https://www.csis.org/events/putting-firrma-practice-what-cfius-reform-means-foreign-investment-united-states
  10. The Information Society, An International Journal, Volume 32, 2016 – Issue 4
  11. Winston & Strawn, “Foreign Investment and Acquisitions: CFIUS Considerations for Deals in 2018“, April 2018.
  12. The United States Studies Centre, Deal-breakers? Regulating foreign direct investment for national security in Australia and the United States“, July 2018.
  13. For an overview of FDI legal arrangements in UK, France, Germany, Ireland, Italy, Portugal and Spain, see: The Law Reviews (UK), “The Foreign Investment Regulation Review – Edition 6“.
  14. Rasmussen Global, Foreign Investment Screening and the China Factor, “New protectionism or new European standards?.
  15. Allen & Overy, German government lowers FDI screening threshold for certain industries (2018), no “intellectual property” mentioned though.
  16. BDI (The Voice of German Industry), “Investment Screening in Germany and Europe” (March 2019).
  17. https://www.ipeg.com/wp-content/uploads/2019/04/UK-consultation-paper-FDI_Highlighted-by-IPEG-1.pdf
  18. Art 4 (2) TEU: “(…) In particular, national security remains the sole responsibility of each Member State
  19. Bird & Bird, Screening of FDI – EU and national developments (Brian Mulier, Goran Danilovic, Dick Ignacio). See also Loyens Loeff (Ewout J. Stumphius and Wouter Kros), “European Parliament approves framework for screening of foreign direct investments into the EU”.
  20. emphasis added
  21. the only time “intellectual property and public order – or “ordre public”  – was mentioned in one breath was in the Case C-38/98, Renault v. Maxicar [2000] ECR, I-02973, in application of the Brussels Convention of 1968 (now transformed into Regulation 44/2001) in which Italy was prevented from using its public policy exception not to enforce a French judgment, where the French decision had condemned an Italian company for violation of French rules on intellectual property, although Italian law considered the activity at stake as perfectly legal
  22. see for increased US scrutiny of Chinese FDI into the US: New York Times, “In new slap at China, US expands power to Block Foreign Investments
  23. Foreign Investment Review, January 2019