What if UK exits EU? An IP Perspective

Despite the referendum, United Kingdom (UK) is still a member of European Union (EU). As a member of EU, UK still enjoys unified IP laws and protection throughout EU. If UK exits EU, UK would most likely lose the benefits of EU established IP protection.

1) Trademarks, Designs and Plant Variety
Community trademark (now known as EU trademark as of 23 March 2016), community design and community plant variety can be filed and enforced throughout EU member states. If UK leaves EU, the geographical scope of EU granted protection will be reduced to EU member states minus UK.

2) Patents
UK is a member of European Patent Convention (EPC) which is independent of EU. Norway, Switzerland and Turkey which are not members of EU are also members of EPC. UK will most likely remain as EPC member. However, UK may not be part of unitary patent implementation as EU membership is prerequisite for unitary patent.

3) English as official language of EU
EU free trade agreements with US and Asian countries are conducted in English. Currently, English is one of the official language for European patent. Will English be maintained as one of the official language of EU? English may have less influence in Europe due to widespread influence of French and German language. We hope that EU would not reduce the usage of English language as the rest of the world communicates in English.

Celebrating Italy’s design excellence

“Italy’s people have long been admired for the everyday creative expression that contributes to la dolce vita. This includes a culture of excellence in design that applies aesthetic considerations to everyday objects, taking them from the prosaic to the sublime,” said WIPO Director General Francis Gurry in his introductory message in the exhibition’s Italian Design Innovation – ADI Design Index 2012 catalogue.

Alessandro Sarfatti, former CEO of Luceplan, attributed the success of Italian design to the “fantastic alchemy” that exists between entrepreneurs, designers and suppliers. “These three actors have made Italian design what it is today,” he said. “The designer brings into the company his vision of the world, his ideas and then it is up to the company to stick to the project and realize it,” he said pointing to his experience in developing the iconic “Hope” lamp. Built around the idea of the lighthouse lamp developed by the 19th century French physicist Augustin-Jean Fresnel, the lamp is the product of a lengthy iterative process. After months of experimentation, the mutual trust that existed between the company and the designers, made it possible to overcome design challenges and to produce a high quality, commercially successful product.

The evolving business landscape, however, is putting this traditional business model and these traditional relationships under threat. “The challenge for designers today is to rebuild these relationships and to reignite the creative process within companies,” said Valentina Downey who through her LAB.BRAIN.LAB project works with companies to cultivate the proactive and strategic use of design to boost performance. - WIPO Magazine

Steve Job's Patents

An article by New York Times provides a list of 317 patents naming Steve Jobs among a group of inventors. In USA, design patent is considered a patent apart of utility patent (invention). In Malaysia or UK, design is protected by industrial design. Industrial design protects the appearance of a product.

Steve Jobs is considered a genius in design. To view a list of his design contribution, from the early Mac design to the current iPhone, click here.

Steve also contributed a few utility patent (invention). Utility patent may be identified by a set of reference numbers to identify parts of a drawing. The appended patent specification will explain how the invention works. Some of his contribution include G4 iMac screen movement, iPod user interface and how iPod/iPhone touch screen works.

Do you think that any of his patents are similar to Samsung Galaxy Tab?

Memorable Words from Steve Jobs

“I get asked a lot why Apple’s customers are so loyal. It’s not because they belong to the Church of Mac! That’s ridiculous. It’s because when you buy our products, and three months later you get stuck on something, you quickly figure out [how to get past it]. And you think, “Wow, someone over there at Apple actually thought of this!”

This is a tribute to the man that innovated how computers, media and phones work; some of the priceless words of Steve Jobs:

“Innovation has nothing to do with how many R&D dollars you have. When Apple came up with the Mac, IBM was spending at least 100 times more on R&D. It’s not about money. It’s about the people you have, how you’re led, and how much you get it.”

“Innovation … comes from saying no to 1,000 things to make sure we don’t get on the wrong track or try to do too much. We’re always thinking about new markets we could enter, but it’s only by saying no that you can concentrate on the things that are really important.”

“Sometimes when you innovate, you make mistakes. It is best to admit them quickly, and get on with improving your other innovations.”

“Be a yardstick of quality. Some people aren’t used to an environment where excellence is expected.”

“My job is to not be easy on people. My job is to make them better.”

“When you’re a carpenter making a beautiful chest of drawers, you’re not going to use a piece of plywood on the back, even though it faces the wall and nobody will ever see it. You’ll know it’s there, so you’re going to use a beautiful piece of wood on the back. For you to sleep well at night, the aesthetic, the quality, has to be carried all the way through.”

“People think focus means saying yes to the thing you’ve got to focus on. But that’s not what it means at all. It means saying no to the hundred other good ideas that there are. You have to pick carefully.”

“Design is a funny word. Some people think design means how it looks. But of course, if you dig deeper, it’s really how it works. The design of the Mac wasn’t what it looked like, although that was part of it. Primarily, it was how it worked. To design something really well, you have to get it. You have to really grok what it’s all about.”

“Simple can be harder than complex: You have to work hard to get your thinking clean to make it simple. But it’s worth it in the end because once you get there, you can move mountains.”

“When I was 17, I read a quote that went something like: “If you live each day as if it was your last, someday you’ll most certainly be right.” It made an impression on me, and since then, for the past 33 years, I have looked in the mirror every morning and asked myself: “If today were the last day of my life, would I want to do what I am about to do today?” And whenever the answer has been “No” for too many days in a row, I know I need to change something.

FICPI Shenzhen Symposium: Made by China

China aims to shift from producing 'Made in China' products to 'Made by China' products. It is indisputable that China is the worlds factory; many goods are produced in China. China produces 80% of worlds clocks and watches. However, China only enjoys 10% of the gross revenue of world clocks and watches. Hence, China is recognizing the importance of patent and intellectual property protection to increase the value of goods produced.

The symposium was held to update patent practitioners around the world on the recent 3rd amendment China's Patent Law. There are more than 240 delegates at the symposium, China itself having 130 delegates. Delegates from Taiwan and Hong Kong is classified in the attendees list along as participants from China. As expected, most of the Chinese delegates come from Beijing.

Patent provides protection for invention or design according to Chinese laws, similar as US laws. A typical patent is identified as 'Invention Patent' to distinguish it from 'Design Patent'.

Some of the amendments introduced:
- definition of prior art to include any technology that has been known to the public in the country or abroad before the filling date.
- definition of novelty means that the invention or utility model does not belong to prior art and before the date of filling, no one has filed with SIPO. There is no grace period, hence, absolute novelty policy.
- direct source and primary source of genetic resource need to be declared in patent applications.
- patent for design requires explanation of the product design.

A major concern of foreign delegates is the effectiveness of Chinese patent laws. How enforcement and courts prosecute patent infringement is also discussed. Enforcement and courts are active in major cities. Case can be viewed online in Chinese.

E-Learning Content on IP

Korean Intellectual Property Office (KIPO), the Korea Invention Promotion Association (KIPA), and the World Intellectual Property Organization (WIPO) has joined forces to create an e-learning content on IP. The program, called IP PANORAMA helps SMEs to utilize and manage Intellectual Property (IP) in their business strategy. Topics covered include invention and patent, patent information and trademarks arranged in the following chapters:

1. Importance of IP for SMEs
2. Trademarks and Industrial Designs
3. Invention and Patent
4. Trade Secrets
5. Copyright and related rights
6. Patent Information
7. Technology Licensing in a strategic partnership
8. IP in the Digital Economy
9. IP and International Trade
10. IP Audit
11. Valuation of IP Assets
12. Trademark Licensing

We recommend all inventors and researchers to understand chapter 3 and 6.

Cash up to RM30,000 for National IP Award

MyIPO is proud to present the Annual National IP Award. The award was given since 2006 in conjunction with the celebration of National Intellectual Property Day. The award is a recognition for inventors/creators for the contribution of their intellectual property towards the nation’s socio-economic development.

Cash prizes up to RM30,000 is awarded to the best organization with the most contribution and recognition of IP in 2008. Cash prizes up to RM10,000 is awarded respectively for best patent, trademark and industrial design of 2008.

For nomination details refer:
http://www.myipo.gov.my/index.php?option=content&task=view&id=229