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World Intellectual Property Review
It used to be that the end of the year was a good time to step back, relax and take stock of events, before looking forward to future opportunities. Not any-more. The world economy remains highly volatile, and the old certainties no longer seem so certain. Companies are learning to adapt, and they are having to learn quickly. There doesn’t seem to be the time to stop. Meanwhile, in the world of intellectual property, things change at an equally fast pace (though, hopefully, with rather better outcomes than the various economic crises that dominate the news). US patent reform has finally happened, after years of false starts, near victories, and frustration from practitioners, lawmakers and international businesses. To a large degree, the America Invents Act has done what people wanted it to. Things like first-to-file (though it’s not quite as simple as that) and post-grant review will be welcomed by most, while the overhaul of the US Patent and Trademark Office’s fee collection powers should help that organisation to become even more efficient. That said, there are some things that the act hasn’t done (like clearly address damages for patent infringement suits), or hasn’t done as people might like (clearly set out the rules for software and business methods) that mean some will be disappointed. And it’s clear that the US courts will have lots of work to do interpreting some of the new provisions. Still, it’s much better than nothing. As well as legislative changes, businesses are having to cope with new dynamics in their specific industries. In this issue, we preview the BIO Europe conference and look at the changing pharmaceutical landscape. Alongside this, patents themselves are developing new roles as commodities to be traded like any other, sometimes by companies that have no interest in using them in a process of creation or innovation. We take a look at the thorny issue of non-practising entities (NPEs). To many, these IP acquirers and licensors are somehow immoral, sucking the lifeblood out of the patent industry without contributing anything to it. But like Tolstoy’s unhappy families, not all NPEs are alike. Two, RPX and Intellectual Ventures, in their different ways, buck the traditional conception of the NPE as an ogre. We also feature an interview with the head of the Mexican Institute of Industrial Property, José Rodrigo Roque Díaz, who tells us why more Mexicans need to file for patents in the country, and explains how the office is operating on a regional and international stage. Then, in our preview of December’s IP Week in Brussels, we speak to Jorgé Avila, head of Brazil’s INPI, as well as taking a look at IP valuation and anti-counterfeiting in the automotive industry. In connection with that last, we are delighted to present an offer exclusive to WIPR readers. The first five who register for the IP Week using the promotional code WIPR will be invited to a tour of the Audi factory in Brussels, complete with an insight into the nuts and bolts of the company’s anti-counterfeiting and general IP protection strategy. This is a rare opportunity to see the inner workings of one of Europe’s most successful carmakers, and is not available without an invitation. Take a look at the preview from p42 for more details. This year has been tough, and next year will be too, but those working in intellectual property know that whatever happens, IP is going to be crucial to the successes of the future. And that’s a comforting thought. Click here to view the issue or click below to read our latest Annual Reviews for FREE |
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