WIPO SMEs Newsletter June 2009

June 30, 2009

By the SMEs Division of the World Intellectual Property Organization (WIPO)

WIPO SMEs Newsletter is a monthly e-publication providing readers with useful intellectual property (IP) information contained in articles, case studies, forthcoming IP/SMEs relevant events, and published presentations featured on our web site. We hope you will find it useful and informative. We encourage you to share the newsletter or items of interest with friends and colleagues. For past issues and information on the activities of the SMEs Division, please visit http://www.wipo.int/sme.


Acquisition, Utilisation and the Impact of Patent and Market Information on Innovation Activities

Knowledge and information are ever increasing strategic assets for enterprises. The main outcome of this study by VTT Technical Research Centre of Finland shows that there are many special grounds for intensifying the acquisition and utilisation of patent and market information in Finnish SMEs.   


Vietnamese Enterprise Successfully Invalidates Japanese Utility Model Registration

For SMEs in Vietnam and other developing countries this is a useful case study by Duong Tu Giang on the importance of IP protection in the present era of IP-based commercial competition.


How Managers Protect IPRs in China Using de facto Strategies

This paper co-authored by Marcus Keupp, Angela Beckenbauer and Oliver Gassmann explores what managers of foreign firms in China have already tried in their efforts to achieve effective IP protection – specifically, they have crafted de facto strategies that can protect IPR without using China’s legal system or engaging in lawsuits against imitators.

The IPR System, Venture Capital and Capital Markets - Contributions and Distortions of Small Firm Innovation?

This study by Jesper Lindgaard Christensen explores how capital markets, exemplified by venture capital, and recent trends in the patent system may influence innovation activity and the financing of small businesses. Specifically it is evaluated if there are costs and distortions of incentives related hereto. Additionally, the positive contribution of venture capital in the patenting process is investigated. 

Patent Enforcement for SMEs and Lone Inventors – A System Failure

This research by Mandy Haberman and Roland Hill shows that patent rights are not being sought by lone inventors and SMEs to the extent they would if the patent system were more widely respected, all to the detriment of society in general. While patent activity is nevertheless high in some countries, for example the UK, USA and Japan, the inability to enforce patents is prejudicial to investment in related R&D and marketing, in order to exploit the inventions.

The Patentability of Software and Business Methods after “ In re Bilsky

This case provided the highest patent court in the United States with the opportunity to review the controversial practice of allowing patents on methods of doing business. More broadly, however, the court used the opportunity to determine whether both (non-software) business method patents and software method patents are still allowable. As a result, Bilski was expected to be the one of the most important and far reaching patent law cases of the high technology era according to authors David R. Heckadon and Brooks Gifford.

Intellectual Property in the Engineering Syllabus – a Model for Integrating Key but not Core Concepts Across the Disciplines

An understanding of intellectual property rights (IPR) is key to the working life of engineers and related creative professions. At the same time, IPR is not seen as core and can, therefore, be perceived as marginal, within the constraints of the curriculum. In this collaborative projectby Jim Roach and Ruth Soetendorp, the interaction between lawyers and engineershas been considered through analysis of the current body of literature and project surveys.

Copyright Infringement of Architectural Work: Trial Strategies for Defendants

Copyright infringement of architectural plansis an interesting area of law with many difficult issues and grey areas. This brief article by Meaghan Hemmings Kent creates an overview of the architectural plan copyright infringement suit, from infringement burdens to potential defenses, discusses some of the difficult and interesting issues that have arisen, and along the way gives some practical tips for defending such a suit.

Use of Intellectual Property by UK High Growth Firms

This document contains the conclusions from two reports authored by Mark Rogers, Christine Greenhalgh and Christian Helmers (full reports available at http://users.ox.ac.uk/~manc0346/research.html). Report 1 analyses the characteristics of small and medium enterprises that use intellectual property. Report 2 looks at the association between the use of intellectual property by UK SMEs and subsequent performance.

How Licensing Intellectual Property Can Help Your Business

This booklet published by the UK Intellectual Property Office is designed to give an understanding of the potential benefits licensing intellectual property offers your business.
World Intellectual Property Office licensing resources (on page 17 of the booklet)
The following can be found at the World Intellectual Property Office’s electronic bookshop http://www.wipo.int/ ebookshop:


WIPO Arbitration Workshop, October 15-16, 2009 (Geneva, Switzerland)

 Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.  In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.  The WIPO Arbitration and Mediation Center will offer an Arbitration Workshop in Geneva on Thursday, October 15 and Friday, October 16, 2009.  This Workshop will provide intensive basic training of a practical nature for party representatives in arbitration and for arbitrators, as well as others wishing to familiarize themselves with the international arbitration process.  The training, which will be conducted by experienced international arbitrators, will focus on the main principles of international commercial arbitration law and practice, with particular reference to the practical application of the WIPO Arbitration and Expedited Arbitration Rules (as well as the WIPO Expert Determination Rules) in intellectual property and technology disputes.  Further information: http://www.wipo.int/amc/en/events/ 


The SMEs Division welcomes voluntary contributions of articles, case studies, news items, useful links and relevant information concerning forthcoming events of interest to entrepreneurs and SMEs for inclusion in future issues of this newsletter; contributions may be sent by email to sme@wipo.int.
If you have received this newsletter from someone and would like to subscribe yourself, then simply send an e-mail to sme@wipo.int with "subscribe" as the subject, and indicate your language preference (English, French, Spanish, Arabic, Chinese or Russian).
The past issues of this newsletter, since August 2001, may be accessed here.
Copyright (c) 2009 World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva, Switzerland