WIPO SMEs Newsletter July 2010

July 16, 2010

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.  


Member States Address Non-Traditional Marks, Advance Work on Industrial Designs   

WIPO’s Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) met from June 30 to July 2, 2010 to address industrial design law issues, the protection of state names against registration or use as trademarks, grounds of refusal for trademark registration and collective and certification marks. 
At the conclusion of the 23rd session of WIPO’s Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indication, the SCT Chairperson, Mr. Adil El Maliki, Director General of the Patent and Trademark Office of Morocco, said “that all delegations attached great importance to the work of the SCT on possible convergences in the industrial design law and practice of member States and that the SCT supported the advancement of that work.”
The SCT decided to include the issue of trademarks and the Internet on the agenda of its next meeting. That session is expected to consider the WIPO Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet, and recent developments within Internet Corporation for Assigned Names and Numbers (ICANN) on domain name issues.

US Supreme Court Refused to Prohibit Business Method Patent  

The U.S. Supreme Court finally issued its opinion on June 28, 2010 in Bilski case, rejecting the appealed patent claim of a business method for hedging risk of price changes because this claimed invention is just abstract idea. However, the Court refused to prohibit software and business method patents, even opening the possibility of application of machine-or-transformation test or else.  

Patents: Commission proposes translation arrangements for future EU Patent  

The European Commission proposed on July 1, 2010 new  translation arrangements to cut down burdens and costs for translation of the granted patent into each local language for it to be effective in a Member States of EU. It suggested that EU Patents will be examined and granted in one of the official languages of the EPO - English, French or German. The granted patent will be published in this language which will be the authentic (i.e. legally binding) text. The publication will include translations of the claims into the other two EPO official languages.

The IPeuropAware project has published a directory of sources of information about intellectual property – throughout Europe,  on the project website  

The directory is a unique tool, designed to meet the needs of:  
  • Directors of small and medium enterprises who need information about intellectual property – anywhere in Europe
  • Business advisers who need to make contact with IP specialists in other European countries
  • Commercial and financial specialists who need specific information about IP organisations in other European countries
  • Researchers, academics and government officials who need to improve their understanding of how businesses are served by IP information sources across Europe.  
The directory lists many other types of organisation other than patent and trademark offices that can provide SMEs with information about IP, including:  
  • National government support services for SMEs
  • Trade and Industry Associations, Chambers of Commerce
  • Patent Attorneys and IP lawyers
  • Technology and business funding organisations
  • Organisations combating IP counterfeiting
  • Universities and libraries.     



Arabic Version of the IP PANORAMA™ Multimedia Toolkit  

Arabic version of the IP PANORAMA multimedia toolkit, which was developed last year, is now available through the SMEs Division’s website. It is also available on CD-ROM. 

Learning Points of the IP PANORAMA™ Multimedia Toolkit

In view of an increasing number of requests, the learning points (in English) of the IP PANORAMA multimedia toolkit have been uploaded as pdf format files on the SMEs Division’s website.

Intellectual Property Rights Education Curriculum Outline 

This program of the International Chamber of Commerce seeks to create awareness about the value of intellectual property, to foster a better understanding of the rights associated with creative content, and, ultimately, to instill in students a personal respect for IPR in a way that changes their behaviors and perceptions about digitally delivered content. The program consists of both student and educator resources.

Asian Copyright Handbook 

The handbook has been created by Tamotsu Hozumi under the auspices of Asia-Pacific Cultural Centre of UNESCO. It seeks to provide an understanding of the basic concepts of copyright to Asian cultural creators.  


Creating Effective IPR Enforcement Support for SMEs 

The revised edition of the IPeuropAware publication on IP enforcement was recently released onits website with a new title of “Creating Effective IPR Enforcement Support for SMEs.” The publication addresses decision-makers in national IP offices and in intermediaries who want to gain insight into ways of developing better IPR enforcement services for SMEs.

Good Patent Practice for a Venture Capital Financed High-tech Start-up  


Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages 

This paper examines the pattern of damages awards by Chinese courts, and finds that, under the administrative systems established in China, penalties and fines for IPR violations generally do not appear to provide adequate deterrence to would-be infringers. Consequently, it suggests that improvements in the calculation and imposition of economic damages will contribute to IPR violation deterrence and provide better compensation to owners of IPR.

Abu-Ghazaleh Intellectual Property (AGIP) Handbook 2010 


Managing Museum Digital Assets: A Resource Guide for Museums 

The International Intellectual Property Institute (IIPI) has published a guide entitled “ Managing Museum Digital Assets: A Resource Guide for Museums” for assisting museums to develop the capacity to digitize, protect and license their collections, thereby demonstrating the importance of intellectual property as a tool for economic, social and cultural development. The guide collects in a single place a number of model licenses, notes and comments, and resource materials to assist the world museum community to better manage its portfolios of cultural and intellectual property assets.

Guide on IP in Australia’s Clothing and Fashion Design Industry 


A Primer on Intellectual Property Insurance 


Who Licenses Out Patents and Why? Lessons from a Business Survey 

The OECD, together with the European Patent Office and the University of Tokyo, carried out a business survey on the licensing-out of patents to investigate the intensity of licensing to affiliated and non-affiliated companies, its evolution, the characteristics, motivations and obstacles met by companies doing or willing to license. 600 European firms and 1,600 Japanese firms responded to the survey in the second half of 2007. The results show that patent licensing is widespread among patenting firms: around one company in five in Europe licenses patents to non-affiliated partners, whereas more than one in four does so in Japan. The relationship between size of the firm and probability to license out is U-shaped: small firms and large firms are more likely to license out their patented inventions. In Europe, SMEs have more difficulties to license out their patents than large firms.


Eighth Annual WIPO Forum on Intellectual Property and SMEs for Intellectual Property Offices and Other Relevant Institutions in the Organization for Economic Cooperation and Development (OECD) Countries, October 4 and 5, 2010, Ufficio Italiano Brevetti e Marchi (UIBM), Rome, Italy  


WIPO Arbitration Workshop, October 21-22, 2010 (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 21 and Friday, October 22, 2010.  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 is available at 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.
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The past issues of this newsletter, since August 2001, may be accessed here.
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