World Intellectual Property Organization

WIPO SMEs Newsletter November 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.
 

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NEWS 

Stakeholders' Platform Launches Project to Facilitate Access by VIPs to Published Works

An unprecedented initiative to facilitate access to published works by the visually impaired and the print disabled was announced on October 23, 2010 in New Delhi, India at the 5th meeting of WIPO’s Stakeholders’ Platform, which was set up in January 2009 to explore the specific needs, and concerns, of both copyright owners and reading impaired persons and brings together representatives of the visually impaired persons (VIP) community as well as publishers.  The Platform approved the launch on November 1, 2010 of TIGAR - the trusted intermediary global accessible resources project – which will enable publishers to make their titles easily available to trusted intermediaries. These intermediaries will create accessible formats and share them amongst each other and with specialized libraries. 
 

SCP Agrees on Future Work on Patent-Related Issues 

The WIPO Standing Committee on the Law of Patents (SCP) agreed on late Friday at the close of its week-long session from October 11-15, 2010 to include a number of key substantive issues relating to patent law and practice in its future work. Delegations from 86 countries, 5 international organizations and 25 non-governmental organizations participated in the session of the Committee, which was characterized by a very positive and constructive atmosphere among member states that resulted in significant progress in the Organization’s substantive agenda with respect to the further development of the international patent system.  
 

SCT Advances on Industrial Design Law and Practice 

WIPO’s Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) met from November 1 to 4, 2010 and made progress on work concerning industrial design law and practice, in addition to matters relating to the Internet and trademarks. At the conclusion of the meeting, SCT Chairperson, Mr. Adil El Maliki, Director General of the Patent and Trademark Office of Morocco, said that "all delegations supported the advancement of the work of the SCT on industrial design law and practice and that the 24th session made significant progress in that regard.” 
 

Vietnamese Version of “Secrets of IP” Published   

The National Office of Intellectual Property of Vietnam published the translated version of the WIPO ITC publication entitled, “ Secrets of Intellectual Property: A Guide for Small and Medium-Sized Exporters”.  
  

TRAINING/LEARNING RESOURCES ON IP ASSET MANAGEMENT  

IP PANORAMA TM Multimedia Toolkit  

The IP PANORAMA multimedia toolkit is now available in English, Arabic, Thai and Hungarian through the SMEs Division’s website. The English and Arabic versions are also available on CD-ROM on request. The learning points (in English) of the IP PANORAMA multimedia toolkit have recently been uploaded as pdf format files on the website, which are also available as a separate book. Anyone interested in receiving a free copy of the CD-ROM and/or book containing the learning points may send an email to sme@wipo.int providing full postal address, including telephone number, and the purpose for which the CD-ROM/book would be used. 
 
IP Collateralization in Perspective  
 

LINKS 

Copyright Decision Deals Crippling Blow to Infringer: Decorative Furniture Not Merely Functional 

While patents protect novel, useful inventions, copyright protects a creator’s expression of an idea or concept. In the copyright context, the approach taken by most courts in distinguishing an unprotected “useful article” from protected “expression” is to consider first whether the item in question is a “useful article.” If it is, the courts analyze whether the item contains aesthetic expression that may be separated from the object’s utilitarian features such that it may be protected by copyright. In Universal Furniture, Inc. v. Collezione Europa USA, Inc ., the Fourth Circuit Court of Appeals of U.S., confronted this issue involving furniture design.
 

Patent Due Diligence 

http://www.davis.ca/publication/Patent-Due-Diligence-Presentation-to-IP-Summit.pdf
 

The UPC Code: A New Frontier for Trademark Infringement? 

In Zino Davidoff SA v. CVS Corporation, the U.S. Court of Appeals for the Second Circuit held that the unauthorized removal of a product’s UPC code could justify a finding of trademark infringement, even if the customer is not confused about the source of the product which he is purchasing. See more here.
 

4 Steps to Effective Software License Compliance & Management 

http://www.fastiis.org/resources/Publications/Literature/
 

Piracy Impact Study: The Economic Benefits of Reducing Software Piracy  

http://portal.bsa.org/piracyimpact2010/studies/piracyimpactstudy2010.pdf
 

Breach of Non-Disclosure Agreement Costs Sears $25 Million  

In RRK Holding Company v. Sears, Roebuck & Co., the federal district court in the Northern District of Illinois upheld a jury verdict awarding $25 million to the owners of a small tool company, finding that Sears breached the non-disclosure agreement with the company. See also this.
 

Securitization of Intellectual Property: Recent Trends from the United States 

In the United States, the market for intellectual property (IP) securitization has developed out of an increased awareness of IP value and the priority of innovation management. US companies have experienced a shift in locus of their value from tangible to intangible assets, which are now 90 percent of corporate net worth and this reality has produced the need to understand, value, and monetize intellectual property through transactions like IP-backed securitization.
 

Patent Backed Securitization: Blueprint for a New Asset Class 

This article explores the current state of the IP backed securitization industry with particular emphasis on the patent backed market, present a strategy and framework for companies, investors, and finance professionals to promote, develop, and profit from the growth in patent backed finance and dissect and analyze two deals based on patents.
 

Intangible Asset Monetization, the Promise and the Reality 

The monetization of intangible assets is just one more step in the evolution of financing innovative activities. Just as physical assets were used to finance the creation of more physical assets during the industrial age, intangible assets should be used to finance the creation of more intangible assets in the information age.
 

Coming of Knowledge based Business 

Smart products and services will turn companies into educators, and consumers into lifelong learners. As the next wave of economic growth is going to come from knowledge-based business, consumers become learners when they use smart products, which both oblige and help them to learn. See also this.
  

FOTHCOMING EVENTS 

Sixth Global Congress on Combating Counterfeiting and Piracy  

The Director General of the World Intellectual Property Organization, Mr. Francis Gurry, the Secretary General of INTERPOL, Mr. Ronald Noble and the Secretary General of the World Customs Organization, Mr. Kunio Mikuriya invite you to attend the Sixth Global Congress on Combating Counterfeiting and Piracy to be held in Paris on 2-3 February 2011. More
 

Third WIPO-INSME International Training Program: Financing Your Business with Intellectual Property, December 1 and 2, 2010 at the WIPO Headquarters in Geneva, Switzerland.

More  

WIPO-IPOS Regional Seminar on Intellectual Property Financing and Valuation, December 8 and 9, 2010, Singapore.

More
 

“Software - Stay Legal” 

Trading Standards NorthWest and FAST jointly hold a seminar entitled “Software – Stay Legal,” November 24, 2010, 1-5 p.m., Warrington, United Kingdom, to provide education and support for TS professionals tackling the illegal purchase and use of software in businesses. More
  

NOTE:  

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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