SNIPER Bulletin
Searchable Networked Intellectual
Property Electronic Resource
April 2014
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ISSN: 2202-753X
SNIPER No.: 2014/00534
Title: 2013: the IP year in statistics
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 94-95.
Summary: Intellectual property statistics and trends, 2013 -- IP licensing balance of payment in
selected countries, 2012 -- stock performance of selected publicly traded IP-centric companies,
2013 -- top 30 patent assignees and assignors by number of transactions, 2013 -- selected IPdriven deals, 2013.
Subject: Intellectual property--statistics
Subject: Intellectual property licensing--statistics
Subject: Patent assignment--statistics
SNIPER No.: 2014/00362
Author: Chan, Johnny
Author: Shuai, Amanda
Author: Glass, Gregory
Title: The 2014 Asia IP copyright survey: a guide to Asia's copyright laws
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 15-40.
Summary: Copyright laws in Asia -- summary of current practice and changes -- recommended
firms -- Greater China: China, Hong Kong, Macau, Taiwan -- Central Asia: Kazakhstan -- North
Asia: Japan, North Korea, South Korea -- Southeast Asia: Brunei, Cambodia, East Timor,
Indonesia, Laos, Malaysia, Myanmar, The Philippines, Singapore, Thailand, Vietnam -- South Asia:
Bangladesh, India, Nepal, Pakistan, Sri Lanka -- Oceania: Australia, New Zealand.
Subject: Copyright--law and legislation--Asia
Subject: Intellectual property industry--Asia
SNIPER No.: 2014/00570
Author: Tsui, Mabel
Title: Access to medicine and the dangers of patent linkage: lessons from Bayer Corp v Union of
India
Source: Journal of Law and Medicine. Vol. 18 No. 3, March 2011, pp. 577-588.
Summary: Proposal to link pharmaceutical marketing approval to patents -- Indian drug approval
scheme and global access to medicines -- generic pharmaceutical industry -- access to medicines
regime -- public health considerations and the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) -- Drugs and Cosmetics Act 1940 (Ind) -- Patents Act 1970 (Ind) -- Bayer
Corp. v. Union of India -- facts of the case -- trial court judgment -- appeal judgment -- analysis of
the decisions -- patent linkage and public health -- impact of linkage on public health exceptions -enforcement and recognition of patent rights -- right to health as a human right -- no express right
to health in Indian law.
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)-India
Subject: Pharmaceuticals--India
Subject: Pharmaceutical manufacturing--India
Subject: Public policy--pharmaceutical industry--India
SNIPER Bulletin – April 2014
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Subject: Human rights--India
SNIPER No.: 2014/00375
Author: Elms, Deborah Kay
Title: Agriculture and the Trans-Pacific Partnership negotiations
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 106-130.
Summary: Agriculture in the Tran-Pacific Partnership (TPP) against the treatment of agriculture in
the World Trade Organization (WTO) and existing preferential trade agreements (PTAs) -- some of
the difficulties of agricultural negotiations are alleviated in the TPP due to the existing PTA's
between the TPP partners and the absence of competition between them in relation to some
agricultural products -- sugar and dairy remain problematic in negotiations -- how to address tariff
rate quotas -- rules of origin in the TPP -- success in the agricultural talks imperative in reaching
the ambitions of the TPP partners for a high quality agreement.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
Subject: Agriculture industry
SNIPER No.: 2014/00418
Author: Coulson, Neil
Author: Rasool, Zarah
Title: Ambush marketers kicked into touch
Source: Intellectual Property Magazine. February 2014, pp. 28-29.
Summary: Brazil hosting the Fédération Internationale de Football Association (FIFA) World Cup - official sponsors pay large sums to be associated with it -- they have been promised extensive
protection for intellectual property rights during the tournament -- new laws have been enacted to
curb ambush marketing -- ambush marketing -- Brazil's Industrial Property Law -- Brazilian World
Cup General Law -- enforcement of the World Cup Law.
Subject: Ambush marketing--tourism and recreation industry--Brazil
Subject: Ambush marketing--law and legislation--Brazil
SNIPER No.: 2014/00549
Author: Bodden, Gabriela
Title: Ambush marketing and trademark infringement in the Caribbean
Source: Intellectual Asset Management. IP Value 2014, pp. 75-79.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Ambush marketing and major sporting events -- what ambush marketing is -- examples
of ambush marketing -- Caribbean legal framework -- ambush marketing by association -enforcement -- need for legislative reform in Caribbean nations -- counterfeiting and customs -trade mark infringement.
Subject: Ambush marketing--Caribbean
Subject: Major sporting events--Caribbean
SNIPER Bulletin – April 2014
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Subject: Sporting insignia--Caribbean
SNIPER No.: 2014/00555
Author: Iwase, Hitomi
Author: Sugauchi, Takahiro
Title: Apple v Samsung: enforcing a standards-essential patent after a FRAND decision
Source: Intellectual Asset Management. IP Value 2014, pp. 102-106.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Smartphone patent conflict between Apple and Samsung -- Japan -- background to
standards-essential patents and FRAND (Fair, Reasonable and Non-Discriminatory) licensing -nature of FRAND declarations -- FRAND terms in specific cases -- Tokyo District Court decision in
Apple v. Samsung case relating to UMTS standard -- analysis of the decision.
Subject: Patent licensing--information technology industry--Japan
Subject: Patent enforcement--case law--Japan
Subject: Standards (Technical)--case law--Japan
Subject: Mobile computing--case law--Japan
SNIPER No.: 2014/00470
Author: Torremans, Paul
Title: Ashby Donald and other v France, application 36769/08, ECtHR, 5th section, judgment of 10
January 2013
Source: Queen Mary Journal of Intellectual Property. Vol. 4 No. 1, February 2014, pp. 95-99.
Summary: Interaction between copyright, as a proprietary right and the right to freedom of
expression -- European Court of Human Rights judgment -- article 10 of the European Convention
applicable -- copyright law for illegally reproducing or publicly communicating copyright protected
material -- fashion photographers -- pictures taken at Paris Week fashion shows transmitted to a
corporation without obtaining the required permissions, then transferred to another corporation
which published them on its website and made them available for free as well as for purchase.
Subject: Copyright owners' rights--Europe
Subject: Moral rights--Europe
SNIPER No.: 2014/00578
Author: Wilson, Tim
Author: Attridge, Jim
Author: Fiz, Eva
Author: Ginoza, Satomi
Author: Mitchell-Heggs, Adam
Added author: Charles River Associates
Title: Assessing the value of biopharmaceutical innovation in key therapy areas in middle-income
countries
SNIPER Bulletin – April 2014
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Source: Assessing the Value of Biopharmaceutical Innovation in Key Therapy Areas in MiddleIncome Countries. November 2013.
Summary: International Federation of Pharmaceutical Manufacturers and Associations (IFPMA)
asked Charles River Associates (CRA) to review the evidence on the value of innovation in middleincome countries (MICs) -- test the extent to which the experience of these countries is aligned
with the experience of high-income countries (HICs) -- investigate the value of biopharmaceutical
innovation -- how treatments have evolved for a set of therapy areas -- choice of case studies -coronary heart disease -- depression -- diabetes -- HIV/AIDS -- rotavirus disease -- highlights the
benefits and cost savings using data from MICs and HICs -- considers the lessons and policy
implications -- non-communicable diseases (NCD).
Subject: Pharmaceutical industry--research
Subject: Value of intellectual property--health and community services industry
SNIPER No.: 2014/00361
Author: Glass, Gregory
Title: An attractive destination
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 7-14.
Summary: India named world's most attractive investment destination in 2013 study by Ernst &
Young -- IP and commercial lawyers’ opinions on what India offers to foreign investors -- whether
strong IP protection will bring investors.
Subject: Investment--India
Subject: International trade
SNIPER No.: 2014/00515
Author: Griffin, Murray
Title: Australian AG unswayed by "fair use" recommendation but sees merit in new controls on
ISPs
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, p. 3.
Summary: Release of Australian Law Reform Commission's (ALRC) report on copyright and the
digital economy on 13 February 2014 -- recommended introduction of a "fair use" defence to
copyright infringement -- alternative proposal by ALRC for a new more comprehensive exception
regime -- Attorney-General, George Brandis, as yet unconvinced of the need for the "fair use"
provision -- A-G also favours introducing new controls on ISPs to prevent illegal downloading.
Subject: Copyright--reform--Australia
Subject: Fair use (Copyright)--Australia
SNIPER No.: 2013/02766
Author: Lambert, Jane, 1949Title: Bilateral investment treaties: a remedy for SME?
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 759-763.
Summary: Bilateral investment treaty (BIT) -- United Kingdom is party to 102 agreements -International Centre of the Settlement of Investment Disputes (ICSID) -- BITs contain provisions
against expropriation of incoming investment -- "investment" and "expropriation" are defined in very
SNIPER Bulletin – April 2014
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broad terms -- contain dispute resolution clauses that allow aggrieved investors to claim in ICSID
compensation -- potency of BITs demonstrated in Metalclad Insulation Corp against the Mexican
Government -- "intellectual property" is expressly included in the definition of "investment" -- British
business can bring proceedings in ICSID against a government that failed to protect adequately
the British business's IP rights in its territories -- Eli Li against the Canadian Government -- BITs
may provide a remedy to small and medium enterprises (SME).
Subject: Investment--treaties
Subject: Dispute resolution
Subject: International trade
Subject: Small and medium enterprises
Subject: Intellectual property--treaties
SNIPER No.: 2014/00340
Author: Tobin, Brendan
Title: Biopiracy by law: European Union draft law threatens indigenous peoples' rights over their
traditional knowledge and genetic resources
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 124-136.
Summary: Nagaya Protocol -- Indigenous peoples' rights over their traditional knowledge and
genetic resources -- draft European legislation to implement the Protocol fails to adequately secure
these rights -- legitimise historic expropriation of genetic resources and traditional knowledge -accelerate rather than prevent biopiracy -- International legal obligations to recognise customary
law -- how customary law and intellectual property may work in a complementary fashion to secure
the rights -- bring legal certainty to these rights -- Nagoya compliance gap -- adoption of disclosure
requirements in binding international legal instruments.
Subject: Biopiracy--policy--Europe
Subject: Traditional knowledge--law and legislation--Europe
Subject: Indigenous issues in intellectual property
SNIPER No.: 2014/00420
Author: White, Catherine
Title: Blowing the final whistle on IP infringements
Source: Intellectual Property Magazine. February 2014, pp. 32-34.
Summary: Middle East region is tipped as one of the next emerging markets -- improved
economic growth -- Middle East is increasing its attempts to protect innovation that leads to growth
in consumer markets -- education and awareness increasing in the Gulf Cooperation Council
(GCC) region -- lack of resources, law enforcers and lack of information on intellectual property (IP)
in Jordan -- government is taking steps to ensure a constant review of legislation -- globally
recognised events held in the Middle East -- government provisions to protect official sponsors
from ambush marketing.
Subject: Ambush marketing--law and legislation--Middle East
Subject: Ambush marketing--tourism and recreation industry--Middle East
SNIPER No.: 2013/02803
Title: A brighter future: has China turned the corner on IP?
SNIPER Bulletin – April 2014
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Source: World Intellectual Property Review. September-October 2013, pp. 26-29.
Summary: Greater trust growing in the West towards the intellectual property system in China -new trade mark laws expected -- damages increased for infringement -- bad faith rules -- goal
setting -- improvements to the patent landscape -- off to court -- increase in criminal IP cases in
2012 -- faith by rights owners in the ability of China to enforce their IP.
Subject: Intellectual property rights--China
Subject: Trade marks--law and legislation--China
Subject: Patents--China
SNIPER No.: 2014/00256
Author: Rosati, Eleonora
Title: Brussels 1 Regulation and online copyright infringement: 'intention to target' approach
rejected
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 18-19.
Summary: Court of Justice of the European Union (CJEU) decides that courts of a Member State
have jurisdiction to determine liability and damages awarded as long as the website allowing the
infringing copies to be distributed can be accessed from the territory in question -- Peter Pinckney
v KDG Mediatech AG -- rationale behind Article 5(3) of Council Regulation 44/2001 (the 'Brussels
1 Regulation') -- unauthorized reproduction of songs to CD -- jurisdiction challenged by defendant - legal history and facts -- recent case law and the Opinion of the Advocate General -- suggested
danger of forum shopping -- notion of 'intention to target' -- practical significance.
Subject: Copyright infringement--case law--Europe
Subject: Legal jurisdiction--law and legislation--Europe
Subject: Electronic copyright--case law--Europe
Subject: Musical works--case law--Europe
SNIPER No.: 2014/00261
Author: Mireles, Michael Salomon
Title: The California Institute for Regenerative Medicine Intellectual Property Policy: stay the
course (mostly)
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 48-60.
Summary: Examination of the California Institute for Regenerative Medicine's (CIRM) Intellectual
Property Policy (IP Policy) and the National Academies, Institute of Medicine Report (IOM Report) - comparison to the Bayh-Dole Act -- CIRM's IP Policy -- separate regulations for non-profits and
for-profits -- CIRM uses a single IP policy for grants made after 17 December 2009 -- the IOM
report and CIRM's IP Policy -- harmonizing the CIRM IP Policy and Bayh-Dole -- requirements to
change CIRM's IP Policy to follow Bayh-Dole -- role of CIRM's IP Policy in innovation and
protection of the public interest remains to be seen -- some of the suggestions of the IOM Report
are justified.
Subject: Intellectual property--policy--United States
Subject: Industrial research and development--United States
Subject: Intellectual property licensing--United States
SNIPER No.: 2014/00366
SNIPER Bulletin – April 2014
Page 6 of 92
Author: Mirandah, Gladys
Author: Shah, Faizal
Title: Case commentary on Guy Neale and others v. Nine Squares
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
p. 55.
Summary: Singapore High Court dismissal of a trade mark invalidation suit -- confirmed the
attributes for the establishment of goodwill in Singapore -- plaintiffs in the a case comprise four
individuals and two companies which carry on business as a partnership operating the restaurant,
bar and club business known as "Ku De Ta" in Bali -- registered trade mark in Indonesia -defendant is the registered owner of two Singapore trade marks for "Ku De Ta" -- facts of the case
-- analysis of the decision -- practical significance.
Subject: Trade mark validity--case law--Singapore
Subject: Passing-off--case law--Singapore
SNIPER No.: 2014/00260
Author: Pasiut, Anna
Author: Rychlicki, Tomasz
Author: Samoder, Przemysˆaw
Title: Case law of the Polish Community Trade Mark and Designs Court 2011-2012
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 40-47.
General Note: Second article in a series of two. See also: 2011/01151.
Summary: New cases and recent amendments to Polish civil procedure and its influence on trade
mark and designs litigation in Poland -- major amendments introduced to the Civil Proceedings
Code (CPC) -- trade mark litigation -- evidence filed in foreign languages -- parallel imports and
unfair competition -- parallel imports and repackaging -- ambush marketing, parasitic competition
and preliminary injunctions -- CTMs and domain names -- series and families of trade marks -designs litigation -- invalidity of registered design -- scope of creative freedom -- remedies -burden of proof -- securing claims -- procedural issues with securing claims and evaluation of
design infringement -- recent amendments to the CPC has not made civil litigation less formal,
speedier or easier.
Subject: Legal procedure--Poland
Subject: Trade marks--case law--Poland
Subject: Industrial designs--case law--Poland
SNIPER No.: 2014/00452
Author: Komatani, Takeshi S.
Title: Changes in global pharmaceutical patent strategy due to intergovernmental cooperation
Source: Pharmaceutical Patent Analyst. Vol. 3 No. 2, March 2014, pp. 133-136.
Summary: Trans-Pacific Partnership (TPP) Agreement -- flow on affect including changes to
intellectual property laws -- will TPP change the rule of pharmaceutical patent protection -- Patent
Prosecution Highway (PPH) -- cooperation of intellectual property offices to expedite and
harmonise patent examination -- global PPH starting from 2014: harmonisation in the patent
system over the world -- harmonisation or
diversification -- globalisation
will be necessary for pharmaceutical patent portfolio -- consider variations when preparing patent
portfolio in the premise that there will remain two extremes in the patent protection in terms of
SNIPER Bulletin – April 2014
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pharmaceutical inventions -- a country or territory where only a single patent is allowed, and a
country or territory where unlimited -- 'evergreening' strategy is permitted.
Subject: International patents--pharmaceutical industry
Subject: Patents--law and legislation
SNIPER No.: 2014/00365
Author: Wang, Rui
Author: Qiu, Shaolin
Title: China's computing cloud: key regulatory issues
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 48-51.
Summary: Rapid development of China's cloud computing industry -- opportunities for foreign
cloud computing service providers -- telecommunication sector, especially the internet, has always
been highly-regulated in China -- foreign companies wanting to provide cloud computing services
still face stringent regulatory challenges in China -- advice on how to navigate the
telecommunications sector
Subject: Computing--China
Subject: Outsourcing--communications services industry--China
SNIPER No.: 2014/00535
Author: Sartorio, Kevin
Author: Willard, Corey
Title: Cinar's arguments marooned by Canadian Supreme Court
Source: Intellectual Asset Management. No. 64, March-April 2014, p. 96.
Summary: Copying of substantial parts of copyright works -- use of expert witnesses -- damages
for copyright infringement -- Canada -- Cinar Corporation v. Claude Robinson -- facts of the case -test for determining whether a substantial part of a television work has been infringed -abstraction-filtration-comparison approach versus holistic approach to substantiality.
Subject: Copyright infringement--case law--Canada
Subject: Television broadcasts--case law--Canada
Subject: Dramatic works--case law--Canada
Subject: Expert witnesses--case law--Canada
Subject: Damages--case law--Canada
SNIPER No.: 2014/00520
Author: Grist, Ewan
Title: CJEU holds Swiss MA automatically recognised in Liechtenstein can be regarded as first MA
when calculating SPC duration
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 45-46.
Summary: Court of Justice of the European Union (CJEU) reasoned order in AstraZeneca AB v
Comptroller General of Patents, Designs and Trade Marks -- facts of the case -- AstraZeneca
challenged in the High Court of England & Wales UKIPO's decision that the duration of the
SNIPER Bulletin – April 2014
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supplementary protection certificate (SPC) granted for gefitinib should have been calculated on the
basis that the European marketing authorisation (MA) and not the Swiss MA was the first MA in the
Community -- argued SPC should have been granted for the maximum term of 5 years instead of
the 3 years given -- questions referred from the High Court to the CJEU -- found that Article 13(1)
of the SPC Regulation must be interpreted as meaning that an administrative authorisation issued
for a medicinal product by SwissMedic, which is automatically recognised in Liechtenstein, must be
regarded as the first authorisation to place that medicinal product on the market within the meaning
of that provision in the European Economic Area.
Subject: Patent extension--pharmaceutical industry--Europe
Subject: Pharmaceutical industry--case law--Europe
SNIPER No.: 2014/00341
Author: Smith, Joel
Author: Leriche, Alexandra
Title: CJEU ruling in Pinckney v Mediatech: jurisdiction in online copyright infringement cases
depends on the accessibility of website content
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 137-138.
Summary: Pinckney v KDG Mediatech AG -- Court of Justice of the European Union (CJEU) ruling
-- online cross-border copyright infringement -- courts of Member States competent to determine
liability and damage caused in that territory -- determining where the harmful event took place -two questions referred to the CJEU -- allocation of jurisdiction -- infringement resulting from the
online sale of a "carrier medium" -- placing of copyright content online.
Subject: Copyright infringement--case law--Europe
Subject: Musical works--law and legislation--Europe
Subject: Legal jurisdiction--Europe
Subject: Electronic copyright--Europe
SNIPER No.: 2014/00598
Author: Guellec, Dominique
Author: Kupka, Daniel
Author: Cervantes, Mario
Author: Ham, Jin Joo
Author: Basri, Ester
Added author: Organisation for Economic Co-operation and Development. Working Group on
Innovation and Technology Policy
Title: Commercialising public research: new trends and strategies
Source: Commercialising Public Research: New Trends and Strategies. 10 December 2013.
Summary: Commercialisation of publicly funded research -- knowledge transfer channels -benchmarking knowledge transfer and commercialisation -- policies to enhance transfer and
commercialisation of public research -- financing of public research-based spinoffs -- national
policy implications -- national and institutional data on patent applications and industry-university
co-publications -- national programs to support knowledge transfer and commercialisation of public
research.
Subject: Technology transfer--education and training industry
SNIPER Bulletin – April 2014
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Subject: Technology transfer--science and research industry
Subject: Business collaboration--education and training industry
Subject: Business collaboration--science and research industry
Subject: Innovation (Technological)--policy
SNIPER No.: 2014/00255
Author: Barazza, Stefano
Title: Complementarity of services covered by Community trade marks and the coexistence of
conflicting marks
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 14-17.
Summary: The General Court of the European Union upheld earlier Board of Appeal's findings in
its evaluation of two conflicting marks -- The Cartoon Network Inc v Office of Harmonization for the
Internal Market (OHIM), Boomerang TV SA -- Article 8(1)(b) of the Community Trade Mark
Regulation 207/2009 (CTMR) -- Cartoon Network applied for registration of word sign
BOOMERANG -- owner of earlier Community trade mark argued that a likelihood of confusion
existed and OHIM and later the Second Board of Appeal upheld opposition -- Cartoon Network
challenged decision before the General Court -- analysis of General Court decision -- judgment
provides guidance on various issues -- the assessment of the relevant public -- the compatibility of
the services in question -- evidence required to prove peaceful coexistence and the likelihood of
confusion -- practical significance.
Subject: Trade mark registrability--case law--Europe
Subject: Trade mark registrability--culture and entertainment industry--Europe
Subject: Confusing similarity--case law--Europe
SNIPER No.: 2014/00496
Author: Vatsov, Mihail
Title: The complicated simplicity of the DEMO case: side effects of developments in the law:
Daiichi Sankyo and Sanofi-Aventis Deutschland v DEMO (C-414/11)
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 202-206.
Summary: DEMO judgment -- European Court of Justice (ECJ) judgment clarifying EU law -consequences that follow changes in the law -- comment on the case -- division of competences
between the EU and the Member States -- ECJ gave an interpretation of arts 27 and 70 of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) -- scope of patent
protection in the EU -- consequences that follow changes in the law -- creation of a Supplementary
Protection Certificate (SPC) for medicinal products.
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
Subject: Patent infringement--case law--Europe
Subject: Patent extension--pharmaceutical industry--Europe
Subject: Pharmaceuticals--law and legislation--Europe
SNIPER No.: 2014/00249
Author: Banerjee, Someshwar
Title: Compulsory licences: you don't just ask and get one
SNIPER Bulletin – April 2014
Page 10 of 92
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 2-3.
Summary: The Controller of Patents decides that a compulsory licence application be refused as
the applicant did not make a sincere effort to obtain a voluntary one -- BDR Pharmaceuticals
International Pvt Ltd v M/s Bristol Myers Squibb Company -- pharmaceutical ingredient DASATINIB
-- chronic myeloid leukaemia (CML) -- BDR claimed that the patentee had priced the drug out of
the reach of most patients in India -- BDR also claimed that the patentee was prolonging the
process for obtaining a voluntary licence -- s 84 of the Indian Patent Act -- facts of case -- analysis
of decision -- the decision by Controller seen as well-reasoned -- decision will please the
pharmaceutical industry which feels that patents are under constant threat of being subject to
compulsory licences in India.
Subject: Compulsory licensing--India
Subject: Patent licensing--Pharmaceutical industry--India
SNIPER No.: 2014/00407
Author: Owoeye, Olasupo Ayodeji
Title: Compulsory patent licensing and local drug manufacturing capacity in Africa
Source: Bulletin of the World Health Organization. Vol. 92 No. 3, March 2014, pp. 214-219.
Summary: Access to medicines in Africa -- generics traditionally supplied to Africa from Asia -Asian countries now moving towards implementing more stringent international IP laws -Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) -- requires patents to
be made available to all pharmaceutical products -- many African countries have until 2021 to
implement TRIPS measures as least developed countries -- need for collaboration and regional
trade agreements in Africa to take advantage of delayed enforcement of TRIPS requirements -building capacities of local manufacturers and incorporating TRIPS flexibilities such as compulsory
licensing into national laws -- supports free circulation of medicines made by generic
manufacturers within the region.
Subject: Compulsory licensing--Africa
Subject: Pharmaceutical industry--Africa
SNIPER No.: 2014/00406
Author: Matlabi, Dariush
Author: Hosseini, Shahimeh Sadat
Title: Consequences of joining the international copyright system for a developing country
Source: Intellectual Property Quarterly. No. 1, 2014, pp. 95-111.
Summary: Study aimed at investigating Tehran publishers' viewpoints about the consequences of
Iran's accession to the international copyright system -- analytical survey -- data collection through
a researcher-made questionnaire -- research population included active publishers in Tehran -sample size of 113 publishers -- 100 or 88.5% responded to the questionnaire -- based on the
publisher's viewpoints, joining the international copyright system would increase the price of
translated books -- positive effects of economic, social and scientific and cultural for the country -promotes the translation system -- promotes domestic laws regarding copyright issues in Iran -promotes writers and producers -- leads to long-term positive effects in improving the publishing
industry in Iran -- majority of Tehran publishers agree with Iran joining the international copyright
system -- long-term valuable achievements for the country -- introduction of valuable Iranian
thoughts and works to the world markets -- prevents repeated translated versions of one work that
irreparably damage the country's publishing industry, wasting national capital and translators'
energy -- helps the market in translated books to boom.
SNIPER Bulletin – April 2014
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Subject: Copyright--statistics--Iran
Subject: Copyright--culture and entertainment industry--Iran
SNIPER No.: 2014/00552
Author: Schüll, Gottfried
Title: Contribution of IP rights to economic performance in Germany: a prototype?
Source: Intellectual Asset Management. IP Value 2014, pp. 90-92.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Importance of intellectual property rights to German and European economies -- EPO
and OHIM report, Intellectual Property Rights Intensive Industries: Contribution to Economic
Performance -- types of IP-intensive industries -- analysis of economic contribution by Member
State -- whether German economic contribution is a prototype for other EU states.
Subject: Intellectual property--economics--Germany
Subject: Intellectual property--research--Europe
Subject: Economic development--Germany
SNIPER No.: 2014/00556
Author: Amaro, Juan Carlos
Author: Chagoya, Héctor
Title: Co-ownership in Mexico: navigating in the open innovation arena
Source: Intellectual Asset Management. IP Value 2014, pp. 107-110.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Co-ownership and open innovation -- Mexican legal framework designed for tangible
property, not IP -- general rules -- trade marks -- copyrights -- patents.
Subject: Business collaboration--law and legislation--Mexico
Subject: Intellectual property ownership--law and legislation--Mexico
Subject: Innovation (Technological)--law and legislation--Mexico
SNIPER No.: 2014/00371
Author: Choi, Won-Mog
Title: Coping with proliferating preferential rules of origin and the TPP's role in their harmonisation
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 11-27.
Summary: Trans-Pacific Partnership (TPP) within the broader context of the proliferation of
preferential trade agreements (PTAs) -- implications of the agreement for the harmonisation of
rules of origin -- different models for rules of origin adopted across the world -- opportunity for
significantly increasing the rules of origin globally by harmonising rules on intra-TPP trade -multiplying the benefits of unilateral, regional and multilateral trade liberalisation.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00571
Author: Australia. Australian Law Reform Commission
Title: Copyright and the digital economy
Source: Copyright and the Digital Economy. 2012-2013.
Summary: Australian Law Reform Commission (ALRC) paper "Copyright and the digital economy"
-- ALRC was asked to consider whether exceptions and statutory licences in the Copyright Act
1968 are adequate and appropriate in the digital environment -- whether further exceptions should
be recommended -- Issues paper (dated August 2012) -- Discussion paper (dated May 2013) -Summary report (dated November 2013) -- Final report (dated November 2013, released February
2014).
Subject: Copyright--reform--Australia
Subject: Copyright--reviews--Australia
SNIPER No.: 2013/02763
Author: Sterling, J. A. L.
Title: The copyright comedy
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 741-742.
Summary: Resonances in copyright -- Dante's inferno -- copyright purgatory -- copyright paradise.
Subject: Copyright
Subject: Literary works
SNIPER No.: 2014/00499
Author: Valenti, Anika
Author: Häkkinen, Tom
Title: Copyright for designers: why do they miss out?
Source: Australian Intellectual Property Law Bulletin. Vol. 27 No. 1, January-February 2014, pp.
15-18.
Summary: Need for review of the Australian system for designs protection under the Designs Act
2003 and the Copyright Act 1968 -- possible penalisation of designers due to copyright and
designs overlap provisions -- protection of registrable designs limited -- the international context -EU copyright protection and designs -- the Arco lamp -- 3D printing -- the need for reform -- next
steps -- Advisory Council on Intellectual Property (ACIP) conducting a review.
Subject: Australia. Copyright Act 1968
Subject: Australia. Designs Act 2003
Subject: Copyright owners' rights--Australia
Subject: Copyright--case law
Subject: Industrial and graphic designers
Subject: Industrial designs
Subject: Fashion and textile designers
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00095
Author: Lackert, Clark W.
Title: Counterfeits and infringements online: a global overview of liability
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 15-19.
Summary: Growth in sale of counterfeit goods -- use of the internet to extend reach to consumers
-- explosion in trade mark infringement -- categories of online trade mark infringement -- domain
names -- websites -- online auction platforms -- keywords -- related intellectual property (IP) rights
infringement -- a roadmap to organising a coherent, prioritised and cost effective plan which
accounts for differences in fact patterns, legal liability and strategies, depending on the nature of
the infringement.
Subject: Counterfeiting
Subject: Trade mark infringement--liability
SNIPER No.: 2014/00560
Author: Bang, Stephen T.
Title: Courts act to strengthen patent protection
Source: Intellectual Asset Management. IP Value 2014, pp. 126-131.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Patent litigation -- Korea -- historical assumptions about Korean patent litigation -outcomes of Apple v. Samsung cases in Korea -- difficult to have validity of selection invention
patents upheld by courts -- Eli Lilly and Company v. Hanmi Pharmaceutical -- correction petitions
and patent enforcement -- Mitsubishi Chemical Corp v. Intematix Corp. -- correction petitions and
preliminary injunctions -- Pfizer Inc. v. CJ.
Subject: Patent litigation--procedure--Korea
Subject: Patents--case law--Korea
Subject: Legal procedure--Korea
SNIPER No.: 2014/00102
Author: Anderson, Ben
Title: Creating a cost-effective gTLD trademark policing programme
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 57-61.
Summary: New generic top-level domain (gTLD) programme -- uncertainty surrounding rights
protection mechanisms, dispute resolution and squatting has led rights holders to take a defensive
approach to the programme -- not a very cost effective approach to protecting rights -- vital that
rights holders develop a strategy for handling the new gTLD launches in terms of trade mark
protection and policing -- questions organisations should be asking themselves -- determining the
opportunities and threats that each gTLD represents to a business -- Trademark Clearinghouse -brand registrations -- main reasons for registering brand-related new gTLD domains -- sectorspecific registrations -- new gTLDs open up new possibilities for cybersquatting and fraud -- review
those that represent a threat -- monitoring and enforcement.
Subject: Trade mark enforcement
Subject: Domain names
SNIPER No.: 2014/00253
SNIPER Bulletin – April 2014
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Author: Schnepper, Esther B.
Title: Dairy in Denmark: bad faith and compliance with the European interpretation
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 11-13.
Summary: The Court of Justice of the European Union (CJEU) confirms that 'bad faith' must be
interpreted uniformly around the European Union -- Malaysia Dairy Industries Pte Ltd v
AnkenŠvnet for Patenter og VaremŠrker -- Article 4(4)(g) of Directive 2008/95 -- implementation in
Danish law under paragraph 15(3)(3) of the Law on trade marks -- preventing trade mark
applications in bad faith -- Yakult and Malaysia dairy -- design of plastic bottles -- Malaysia Dairy
registered a three-dimensional trade mark in Denmark -- Malaysia Dairy appealed to the Supreme
Court who referred questions to the Court of Justice -- analysis -- bad faith must be interpreted
uniformly in EU law -- knowledge of a foreign mark not enough to establish bad faith -- Member
States cannot have a different system for protecting foreign marks -- Goldhase case -- practical
significance.
Subject: Trade mark entitlement--case law--Europe
Subject: Trade mark ownership--case law--Europe
SNIPER No.: 2014/00413
Author: Rudgard, Nick
Title: Data points: courts focus on ROI for database owners
Source: Intellectual Property Magazine. February 2014, p. 18.
Summary: Court of Justice of the European Union (CJEU)'s decision in Innoweb v Wegener -concludes that a dedicated meta search engine engaged in data scraping may infringe sui generis
database right, provided certain conditions are satisfied -- background to the case -- case
examines the operation of a dedicated meta search engine and re-utilisation of the contents of the
database within the meaning of Article 7 (2) (b) of the Directive -- provides that a sui generis
database right is infringed by "reutilisation" -- different methods of data scraping from a website or
database -- CJEU concluded that an operator who made this dedicated meta search engine
available on the internet, did re-utilise the whole or substantial part of the contents of a protected
database -- provides the user with all the same advantages as using the database itself -- user will
have no need to visit the actual website of the database concerned -- created a risk that the
database maker would lose income.
Subject: Database rights--case studies--Europe
Subject: Investment
SNIPER No.: 2014/00342
Author: Lim, Yee Fen
Title: The day the music died on the internet in Australia: Phonographic Performance Co of
Australia Ltd v Commercial Radio Australia Ltd
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 139-144.
Summary: Phonographic Performance Co of Australia Ltd v Commercial Radio Australia Ltd -- Full
Federal Court's decision -- case highlights difficulties faced when definitions in contracts are based
on definitions found in legislation -- commercial radio broadcasting licences -- licence covered
traditional radio broadcasting radiofrequency spectrums -- content of the radio programme
streamed on the internet identical to the content of the radio programme delivered using the
broadcasting service bands -- separate licence to transmit over internet simulcasts -- definition of
the term "broadcast" in the agreement -- decision at first instance -- arguments at Full Federal
Court of Australia -- four main pieces of extrinsic materials -- significance of the extrinsic materials.
SNIPER Bulletin – April 2014
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Subject: Copyright licensing--case law--Australia
Subject: Neighbouring rights--Australia
Subject: Musical works
Subject: Copyright licensing--culture and entertainment industry--Australia
SNIPER No.: 2014/00572
Author: Dean, Owen H.
Title: Deprivation of trade marks through state interference in their usage
Source: South African Intellectual Property Law Journal. Vol. 1 2013, pp. 1-24.
Summary: World Health Organization (WHO) Framework Convention on Tobacco Control -advertising and promotion of tobacco products -- Australian plain packaging legislation -- Australian
litigation -- reaction to the Australian decision -- South African constitution -- South African plain
packaging legislation -- non-use of the Dunhill device mark -- whether trade marks are property for
constitutional purposes -- the public interest.
Subject: Intellectual property rights--manufacturing and processing industry
Subject: Trade marks--law and legislation--South Africa
Subject: Trade marks--law and legislation--South Africa
Subject: Trade dress
Subject: Trade mark owners' rights
Subject: Trade mark use
SNIPER No.: 2014/00559
Author: Martinescu, Alina
Title: Descriptive marks versus suggestive marks: a case study
Source: Intellectual Asset Management. IP Value 2014, pp. 122-125.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Trade mark descriptiveness and registrability -- Romania -- trade mark examination -Law on Trademarks and Geographical Indications -- application for 'COLOR 1' mark for hair
colours -- analysing distinctiveness -- distinctive character -- registrability in Romania -- Community
Trade Mark (CTM) registrability.
Subject: Trade mark distinctiveness--case studies--Romania
Subject: Trade mark registrability--case studies--Romania
Subject: Trade mark registrability--case studies--Europe
SNIPER No.: 2014/00500
Author: Abrahams, Damian
Title: Designers and the Personal Property Securities Act
Source: Australian Intellectual Property Law Bulletin. Vol. 27 No. 1, January-February 2014, pp.
20-23.
SNIPER Bulletin – April 2014
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Summary: Examination of the practical relevance of the application of the PPSA to IP rights for
designers -- a quick refresher on the PPSA -- some PPSA issues concerning intellectual property -some specific considerations for design consultants
Subject: Australia. Personal Property Securities Act 2009
Subject: Industrial and graphic designers
Subject: Intellectual property rights
SNIPER No.: 2014/00554
Author: Mittal, Vaishali
Title: Designs: complicated because they are simple?
Source: Intellectual Asset Management. IP Value 2014, pp. 97-101.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Development of Indian design case law -- designs legislation and system -- India -Designs Act 2000 and Designs Rules 2001 -- first-to-file policy -- prior publication -- Reckitt
Benckiser (India) Ltd v. Wyeth Limited -- repeal of Copyright Act provisions relating to designs -overlap between copyrights and designs -- Samsonite Corporation v. Vijay Sales -- Microfibres Inc.
v. Girdhar and Co. -- infringement and passing-off -- Micolube India Ltd v. Rakesh Kumar.
Subject: Industrial designs--case law--India
SNIPER No.: 2014/00508
Author: Davenport, Chris
Title: Developing a moving target
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 34-36.
Summary: Online branding -- integration of online and offline worlds via mobile phones and tablets
-- future for marketers -- examples of successful on/offline branding integration -- T-Mobile
advertising new range of touchscreen phones and data plans in 2011 using video of a live game of
Angry Birds -- Adidas and it's "window shopping" concept -- need for brands to shift their marketing
mentality from broadcasting content to curating conversations -- social brand-building -- protection
of brands online -- intellectual property -- ownership of user-generated content.
Subject: Electronic commerce
Subject: Trade mark owners' rights
Subject: Brand management
SNIPER No.: 2014/00286
Author: Syekei, John
Author: Mwathe, Daniel
Author: Omwenga, Joseph
Title: The developing jurisprudence on the protection of well-known marks in Kenya: the Red Bull
decision
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 133136.
Summary: The protection of well-known trade marks in Kenya -- functions of a trade mark -- need
to protect trade marks -- The Trade Marks Act in Kenya -- Kenya is a party to The Paris
SNIPER Bulletin – April 2014
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Convention -- The TRIPS Agreement -- Joint Recommendations Concerning Provisions on
Protection of Well-Known Marks are not binding on Kenyan courts but are applied by the Registrar
of Trade Marks -- opposition by Red Bull GmbH to register the trade mark BULZAI ENERGY
DRINK & Bull Device in class 32 -- history of case -- case law relied on -- analysis on whether the
two marks were similar -- Registrar of Trade Marks ruled that marks could not co-exist -- good
result for brand owners -- significance of the decision.
Subject: Trade marks--law and legislation--Kenya
Subject: Famous trade marks--case law--Kenya
Subject: Confusing similarity--case law--Kenya
Subject: Trade mark owners' rights--case law--Kenya
SNIPER No.: 2014/00576
Author: iRunway
Title: Digital imaging in mobile devices
Source: Digital Imaging in Mobile Devices. 2013.
Summary: Digital imaging patent landscape -- sale of Kodak's patent portfolio to a consortium of
technology companies -- highlights the dominant players seeking to bolster their competitive
position in the market -- analysis of digital imaging patents -- key players in digital imaging
landscape -- litigation & licensing in digital imaging -- Kodak's digital imaging portfolio -- patent
auction.
Subject: Eastman Kodak Company
Subject: Intellectual property management--information technology industry
Subject: Value of intellectual property--information technology industry
Subject: Computer-related inventions
SNIPER No.: 2014/00251
Author: Macedo, Charles R.
Author: Kasdan, Michael J.
Author: Ahsanuddin, Adil
Title: Divided panel lets USPTO reexamination decision trump prior District Court ruling
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 5-6.
Summary: A majority opinion in the Federal Circuit panel decides that a United States Patent and
Trademark Office (USPTO) invalidity determination can override a conflicting final judgement of a
court on the same issue -- Fresenius USA, Inc v Baxter Int'l, Inc -- parallel patent litigation
proceedings before the USPTO and District Courts are quite common -- haemodialysis machines -Fresenius filed a suit seeking judgements of invalidity and non-infringement with respect to some
of Baxter's patents -- conflicting decisions by court system and the USPTO -- analysis of decision - Baxter's argument -- $25 million in damages avoided by Fresenius -- doctrine of separation of
powers -- Judge Newman's dissent -- significance of decision -- incentive by Courts to grant stays - strategic significance for litigants, patent holders and attorneys.
Subject: Patent litigation--United States
Subject: Patent validity--case law--United States
SNIPER No.: 2013/02804
SNIPER Bulletin – April 2014
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Title: Do we have a problem?: IP protection in outer space
Source: World Intellectual Property Review. September-October 2013, pp. 30-33.
Summary: 25 'quasi-jurisdictional enclaves' created in space so far in 2013 -- UN Registration
Convention -- some house very sophisticated new technology -- protection of patents for
technology created for use in space objects -- IP related to space is no longer the sole domain of
space agencies -- research and development is being contracted out to the private sector -- shift in
IP policy -- sixty million pound grant to Reaction Engines Ltd to develop SABRE technology
(Synergetic Air-Breathing Rocket Engines) -- IP rights -- comprehensive coverage.
Subject: Intellectual property rights
Subject: Science and research industry
Subject: Patent rights
Subject: Innovation (Technological)
SNIPER No.: 2014/00417
Author: Artinian, Arthur
Author: Naisby, Sarah
Title: Dodging the ambush
Source: Intellectual Property Magazine. February 2014, pp. 26-27.
Summary: Official sponsors of forthcoming sporting events will be looking to maximise their
significant financial investments -- organisers will be monitoring international advertising and
marketing activities to protect the exclusive rights of official sponsors -- focus on challenges
associated with responding to ambush marketing activity in countries with developing intellectual
property (IP) systems -- focus extending to the international marketing and endorsement activities
of businesses -- Winter Olympics, Sochi -- rules and guidelines for participants -- legal
considerations for businesses -- Commonwealth Games, Glasgow -- World Cup, Brazil.
Subject: Ambush marketing--tourism and recreation industry
Subject: Intellectual property law--tourism and recreation industry
SNIPER No.: 2014/00248
Author: Pinto, Timothy
Title: Does more intellectual property knowledge lead to less infringement?
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, p. 1.
Summary: Intellectual property (IP) infringement and the education of society about IP rights -reasons for intellectual property infringement -- IP infringement
due to an
inadequate knowledge about the law can be addressed in principle -- various " IP myths" -- some
infringements based on IP myths may lead to changes in legislation but most will not -- educating
the public about intellectual property law may result in fewer infringements which would be
desirable -- the interests of IP owners and IP lawyers may not necessarily be the same however.
Subject: Intellectual property infringement
Subject: Intellectual property rights
Subject: Intellectual property education
Subject: Intellectual property awareness
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00100
Author: Cooper, Elisa
Title: Domain name registration strategies in a new gTLD world
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 45-49.
Summary: New generic top-level domains (gTLDs) -- major milestone in the expansion of the
internet name space -- launches are quickly approaching -- background to gTLD expansion -reviewing applications and understanding rights protection mechanisms is crucial -- Trademark
Clearinghouse -- trade mark claims -- sunrise registrations -- Uniform Rapid Suspension (URS)
system -- Post-delegation Dispute Resolution Procedure -- Registry Restriction Dispute Resolution
Procedure -- time for a domain portfolio review -- revisit your domain management policies -reassess your brand protection strategies.
Subject: Domain name registration
Subject: Brand management
SNIPER No.: 2014/00510
Author: Gray, Sinéad
Title: The dos and don'ts of online branding
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 40-41.
Summary: Businesses using the Internet and social media to market their brand online should be
aware of the pitfalls -- need content-driven approach -- content gets people talking about and
sharing brands online -- reasons that brands lose position and influence online -- lack of strategic
direction, lack of investment and poor community management of online channels -- social media
to-do list for brands.
Subject: Marketing
Subject: Branding
Subject: User-generated content
SNIPER No.: 2014/00411
Author: Lomas, Mark
Title: Dress sense
Source: Intellectual Property Magazine. February 2014, p. 15.
Summary: Wearable technology -- for trade mark and design lawyers wearable tech should bring
new opportunities to register and protect the intellectual property (IP) owners position and license
IP either as marks or designs using the existing legal system and should not create too many new
problems -- for tech companies, the focus may be on patents and in due course common
standards -- massive new flows and sources of data will arise -- data mining and analysis of user
preference has tremendous market value -- ownership and control of the data will be a prize and
this will cause tension around issues of data protection, data security and privacy rights -- such
technology could be beneficial for either employer or employee -- advice for developers and
solution providers -- issues for employers -- leisure and tourism -- businesses with working
environments replete with sensitive confidential information.
Subject: Information technology industry
Subject: Privacy
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00551
Author: Caen, Thierry
Title: ECJ rules on SPCs: and French courts react
Source: Intellectual Asset Management. IP Value 2014, pp. 85-89.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Supplementary protection certificates -- Medeva decision by European Court of Justice
(ECJ) -- post-Medeva decisions in France -- Irbesartam decision -- patent limitations and French IP
Office practice -- Syngenta decision -- Boehringer Ingelheim v. INPI -- Novartis v. Actavis order -Neurim pharmaceutical judgment -- need for clearer guidance from ECJ.
Subject: Patent extension--pharmaceutical industry--France
Subject: Patent extension--case law--France
Subject: Patent limitation--France
SNIPER No.: 2014/00282
Author: Husovec, Martin
Title: ECtHR rules on liability of ISPs as a restriction of freedom of speech
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 108109.
Summary: First Section of the European Court of Human Rights (ECtHR) disagrees that news
portals right to freedom of expression violated -- Delfi AS v Estonia -- Article 10 of the European
Convention on Human Rights (ECHR) -- right to freedom of expression -- Delfi publishes news
articles which can be anonymously commented on by users -- SLK -- article attracted comments
which included personal threats and offensive language directed at a company's majority
shareholder -- civil suit brought against news portal -- first instance court did not find the news
portal liable --later instance Estonian courts found Delfi to be liable for third-party comments -analysis of ECtHR decision -- anonymity of users and simply maintaining a notice-and-take-down
system and simple word-filter leaves commercially run news portal liable to pay a moderate fine -significance of decision.
Subject: Carriage service providers--liability--Estonia
Subject: User-generated content--case law--Estonia
Subject: Carriage service providers--Europe
SNIPER No.: 2014/00543
Author: Perry, Stephen J.
Author: Ghadimi, Arya
Title: Eligibility of software and business methods in the United States, Europe and Asia
Source: Intellectual Asset Management. IP Value 2014, pp. 42-47.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Software and business methods patents -- patentability and exclusions-- United States
-- Canada -- European Patent Office -- India -- Japan -- China -- Korea.
Subject: Business methods--patentability
Subject: Computer-related inventions--patentability
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00364
Author: Thiel, Scott
Title: Emerging trends in cloud contracting
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 45-47.
Summary: Rapid expansion in use of cloud-based computing services by corporations,
governments and individual consumers across Asia -- why cloud contracts developed the way they
did -- cloud contract provisions -- typical cloud contracts may appear simple and straightforward -pitfalls giving rise to risks and liabilities.
Subject: Computing
Subject: Outsourcing--information technology industry
SNIPER No.: 2014/00380
Author: Rimmer, Matthew
Title: The empire of cancer: gene patents and Cancer Voices
Source: Journal of Law, Information and Science. Vol. 22 No. 2, 2013, pp. 18-55.
Summary: Gene patents --patent validity -- Cancer Voices Australia v. Myriad Genetics Inc. -BRCA1 and BRCA2 patents -- test for manner of manufacture in gene patents -- Australian gene
patent debate -- Australian Law Reform Commission inquiry into Gene Patenting and Human
Health -- parliamentary inquiry by Senate Community Affairs Reference Committee into Gene
Patents -- Intellectual Property Laws Amendment (Raising the Bar) Act 2012 -- Productivity
Commission inquiry into Compulsory Licensing of Patents -- Intellectual Property Laws
Amendment Bill 2013 (Cth) -- international controversy over Myriad Genetics -- Europe -- United
States -- Canada -- gene patents, human rights and intergenerational justice -- Yvonne D'Arcy and
Cancer Voices -- Cancer Council Australia -- patent attorneys -- academic commentary -- appeal to
the Full Court of the Federal Court of Australia -- whether appellants should consider High Court's
tobacco plain packaging decision -- emerging technologies and patentable subject matter -- need
for policy debate -- comparative law -- other patent criteria -- underlying gene patents held by
Genetic Technologies Limited (GTG) -- corporate governance of GTG -- GTG patent enforcement
actions -- need for intellectual property law to play a positive role in cancer and other public health
endeavours.
Subject: Patenting of life forms--case law--Australia
Subject: Genes--patentability--Australia
SNIPER No.: 2014/00567
Author: Dang, The Duc
Author: Nguyen, Thi Hong Anh
Title: Enforcing patent rights
Source: Intellectual Asset Management. IP Value 2014, pp. 162-166.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Patent infringement and enforcement -- Vietnam -- what constitutes infringement -remedies -- administrative remedies -- civil remedies -- border controls on imports and exports.
Subject: Patent infringement--Vietnam
Subject: Infringement remedies--Vietnam
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00562
Author: Kuo, Yulan
Author: Wang, Jane C. C.
Author: Chen, Charles
Title: Enforcing patent rights effectively
Source: Intellectual Asset Management. IP Value 2014, pp. 137-141.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Patent enforcement -- Taiwan -- validity and infringement -- level of court expertise -precedent and the civil law system -- witnesses -- investigations -- pre-trial discovery -- test for
infringement -- invalidation -- difficulties with enforcing rights -- legal representation -- delaying to
proceedings -- preliminary injunctions -- costs -- remedies -- enforcing court judgments -timeframes -- appeals -- mediation and arbitration -- IP Court attitudes towards patentees.
Subject: Patent enforcement--Taiwan
Subject: Patent litigation--Taiwan
Subject: Legal procedure--Taiwan
SNIPER No.: 2014/00384
Author: Payumo, Jane
Author: Arasu, Prema
Author: Fauzi, Anas Miftah
Author: Siregar, Iskandar Zulkarnaen
Title: An entrepreneurial, research-based university model focused on intellectual property
management for economic development in emerging economies: the case of Bogor Agricultural
University, Indonesia
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 22-31.
Summary: Case study on intellectual property rights and entrepreneurial developments at an
Indonesian university, Instit Pertanian Bogor (IPB) -- highlights its successes and lessons learned
in managing IP as an entrepreneurial research-based university -- analysis of university research
and IP management for regional and national economic benefits -- review of approaches to IP
management to maximise university research output, knowledge transfer and innovation -promote strategic partnerships, private sector engagement and economic growth opportunities for
the institution and the region.
Subject: Intellectual property management--case studies
Subject: Intellectual property management--education and training industry--Indonesia
Subject: Technology transfer
SNIPER No.: 2014/00290
Author: Mühlendahl, Alexander von
Title: European trade mark law: registrable signs, service marks
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 160164.
SNIPER Bulletin – April 2014
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Summary: Reform to the European Union (EU) trade mark system with particular reference to
basic notions of European trade mark law and the coexistence of European Union and national
rights -- legislative background to EU trade mark law -- Court of Justice of the European Union
(CJEU) case law and trade mark registrability -- new developments in the registrability of marks -the Apple case -- case deals with the question of whether a store lay-out may qualify as a "sign"
which could be registered as a mark -- analysis of case -- protection sought in many countries
worldwide -- registration of a service mark for retail sales service -- Netto and Apple cases -- CJEU
ruling likely in 2014 -- non-traditional marks remain an area of flux.
Subject: Trade marks--retail industry
Subject: Trade marks--reform--Europe
Subject: Trade mark registrability--Europe
SNIPER No.: 2014/00468
Author: Ellyne, Erika
Title: European unitary patent: are we there yet?
Source: Queen Mary Journal of Intellectual Property. Vol. 4 No. 1, February 2014, pp. 57-78.
Summary: History of the European Unitary Patent since inception -- examine the Unitary Patent
Framework -- hybrid legal nature of the Unitary Patent: between international and European law -- scope of the Unitary Patent right -- legal basis of the Regulation -- main features of the UPC
agreement -- language regime.
Subject: Patent systems--harmonisation--Europe
Subject: Regional patents--Europe
Subject: Patents--reform--Europe
SNIPER No.: 2013/02805
Title: Everything to play for: WIPR's India focus
Source: World Intellectual Property Review. September-October 2013, pp. 35-37.
General Note: Forms part of: India Focus.
Summary: Negative spin on IP stories from India by Western media -- key intellectual property
issues explored in this series of articles -- famous marks -- ICANNs new generic top-level domain
(gTLD) program -- India's semiconductor industry -- still improvements to make in the IP sphere -'Measuring Momentum' report produced by the Global Intellectual Property Center in 2012 -- India
ranked last in terms of IP protection.
Subject: Intellectual property--India
Subject: Intellectual property rights--India
SNIPER No.: 2014/00462
Author: Verbraeken, Erik
Title: The exhaustion theory is not yet exhausted: part 3
Source: Les Nouvelles. Vol. 48 No. 1, March 2014, pp. 37-44.
General Note: Third article in a series of three. See also: 2009/02497 (part 1) and 2013/01032
(part 2).
SNIPER Bulletin – April 2014
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Summary: Exhaustion theory in Europe -- decision of the European Court of Justice (ECJ) -- The
Oracle vs. UsedSoft case -- right of distribution of a copy of a computer program -commercialisation/importation of products -- implications of the exhaustion doctrine with respect to
copyright and software -- key rulings of the Court's decision -- scope of the judgment for software
vendors -- future areas of litigation.
Subject: Copyright exhaustion--Europe
Subject: Copyright exhaustion--case law--Europe
SNIPER No.: 2014/00490
Author: Kaisi, Avgi
Title: Finally a single European right for the EU?: an analysis of the substantive provisions of the
European patent with unitary effect
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 170-180.
Summary: EU Patent Package -- includes regulation on the unitary patent, regulation on the
translation regime and an international agreement of the Unitary Patent Court (UPC) -- historical
background of unitary patent -- contradictions behind the proposed regulation on the unitary patent
-- considerable freedom is still given to the national legislations of the Member States -- issues
related to the substantive provisions -- licensing -- limitations of the regulation -- fragmentation of
the European market and legal uncertainty -- Regulation on the Unitary Patent leaves many crucial
issues on the national patent laws of the Member States -- failed to provide a uniform European
protection of the patent rights.
Subject: Regional patents--Europe
Subject: Legal jurisdiction--Europe
Subject: Patent systems--harmonisation--Europe
SNIPER No.: 2013/02801
Title: The finer details
Source: World Intellectual Property Review. September-October 2013, pp. 18-21.
Summary: Interview with European Patent Office president, Benoit Battistelli -- unitary patent
implementation -- concern renewal fees may be too high -- fears multinational companies will use
the system to gain a monopoly -- examiners train for three years -- setting up a policy called
'Raising the Bar' -- thirty two nationalities represented on staff at the EPO -- Battistelli making
improvements to relations between member states.
Subject: Battistelli, Benoît--interviews
Subject: Patents
Subject: Patent systems
SNIPER No.: 2014/00530
Author: Wilkof, Neil J.
Title: Frugal innovation: what will it mean for IP management?
Source: Intellectual Asset Management. No. 64, March-April 2014, p. 59.
Summary: New approaches to intellectual property strategy and management -- less patentcentric models emerging from developing world -- frugal innovation through research and
development conducted in highly resource-constrained environments -- reverse innovation
SNIPER Bulletin – April 2014
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encouraging development of products for emerging economies that are cheaper than in developed
economies -- less 'patent-first' intellectual property management strategies being used.
Subject: Innovation (Technological)--developing countries
Subject: Industrial research and development--developing countries
Subject: Intellectual property management--developing countries
SNIPER No.: 2013/02764
Author: Stern, Richard H.
Title: FTC v Actavis: patent validity, Schrödinger's cat and reverse payments
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 743-750.
Summary: FTC v Activis -- Schrödinger's cat -- US Supreme Court denied antitrust immunity to
agreements by a patentee -- reverse-payment agreements -- patent validity challenger under which
the patentee paid the challenger -- challengers undertaking to drop the challenge and to delay
entry into the market -- illegal agreements because of their anticompetitive effect -- holding them
part of the patent owner's rights and therefore not subject to any antitrust scrutiny -- applicability of
antitrust laws -- common uncertainty whether a patent is valid until a final judgment on patent
validity -- in the interim, the patent is neither valid nor invalid -- measure the legitimate limits of
patent monopolies by antitrust law's policies.
Subject: Patent infringement--case law--United States
Subject: Competition (Economics)--pharmaceutical industry--United States
SNIPER No.: 2014/00339
Author: Ola, Olukunle
Title: Fundamentals of open access
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 112-123.
Summary: Background to open access (OA) -- analysis of the fundamentals of OA against the
provisions of the Budapest Open Access Initiative (BOAI) -- enabling ability of the internet to grant
access -- quality of published information -- barriers of price and permission to OA -- fields related
to OA -- open educational resources -- Open content licensing -- public sector information -strategies adopted towards achieving OA -- licensing mechanisms available to advance OA with
particular focus on Creative Commons.
Subject: Knowledge industry
Subject: Copyright
SNIPER No.: 2014/00252
Author: Barazza, Stefano
Title: Further steps towards a uniform approach to RAND rates for standard-essential patents in
the USA: the alternative 'top down' approach
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 6-11.
Summary: Assessment of potential damages for standard-essential patents (SEPs) under fair,
reasonable and non-discriminatory (RAND) terms -- In re Innovatio IP Ventures LLC -- standardsetting organizations expect that SEP holders will license patents under RAND terms -- role of
courts in royalty determination if licensees and SEP holders cannot agree -- facts of case -- patents
assigned to Innovatio by Broadcom -- 802.11 wireless standard -- 'Wi-Fi' -- analysis -- following
SNIPER Bulletin – April 2014
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Microsoft v Motorola -- date of the hypothetical negotiation and royalty base -- importance of the
patents to the standard and the infringing products -- analysis of similar licensing agreements -'bottom up' and 'top down' approaches -- how the calculations were determined -- uncertainties
remain in RAND rate determination by the courts but the case will be a useful guide to future case
law.
Subject: Standards (Technical)--case law--United States
Subject: Patent licensing--case law--United States
Subject: Infringement remedies
Subject: Computer-related inventions
Subject: Patent litigation--information technology industry
SNIPER No.: 2014/00493
Author: Silverman, Iona
Author: Abdelmalek, Sarah
Title: The future of future copyright: PRS v B4U Network (Europe)
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 194-196.
Summary: B4U Network (Europe) Ltd v Performing Right Society (PRS) Ltd -- Court of Appeal
decision -- concerning copyright in the music used in Bollywood films -- agreement to assign
copyright in music yet to be written -- assignment clause in the PRS agreement -- unanimous
decision -- assign copyright despite subsequent agreement.
Subject: Copyright infringement--case law--Europe
Subject: Copyright assignment
Subject: Copyright licensing
Subject: Musical works
SNIPER No.: 2014/00529
Author: Peters, Ruud J.
Title: The future of IP is ours to win
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 53-38
Summary: Recognition of intellectual property -- need for positive change for reputation of IP -need for patent system to be more transparent, efficient and effective -- need for IP to demonstrate
corporate and societal goods -- onus on patentees and patent offices to deliver high quality patents
-- need for change in licensing practices -- valuation methodologies -- need to communicate good
news IP stories to stakeholders and public -- intellectual property landscape being changed by
rapidly changing technology -- need to eliminate licensing hold-ups and reverse hold-ups -- RAND
licensing terms -- use of patent pools.
Subject: Patents--social aspects
Subject: Intellectual property management
Subject: Patent systems
SNIPER No.: 2014/00423
Author: Woolley, Lindsey
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Author: Salisbury, Frances
Title: Future of protecting plant-related innovations in Europe
Source: Intellectual Property Magazine. February 2014, pp. 39-41.
Summary: Types of intellectual property protection for plant-related innovations -- obtained
nationally or more widely -- exclusions from patentability -- essentially biological processes for the
production of plants -- European Patent Office's (EPO) interpretation of the exclusion -- further
restriction at the EPO -- cases affected by this issue are currently stayed at the EPO pending the
Enlarged Board of Appeal's (EBA) decision -- guidance from the Dutch courts -- Taste of Nature v
Cresco -- what to do in the interim -- contrasts with other jurisdictions.
Subject: Plant breeder's rights--Europe
Subject: Patentability--agriculture industry--Europe
Subject: Patentability--case law--Europe
SNIPER No.: 2014/00494
Author: Gärtner, Anette, 1975Author: Jauch, Andreas
Title: GEMA v RapidShare: German Federal Supreme Court extends monitoring obligations for
online file hosting providers
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 197-200.
Summary: GEMA v RapidShare -- the German Federal Supreme Court (Bundesgerichtshof BGH)
decision -- liability of online file hosting providers for copyright infringements -- BGH applied
standards set out by the Court of Justice (CJEU) -- broadened the scope of potential monitoring
obligations that hosting providers must comply with to avoid liability -- the provider facilitates
infringing activities of its users -- outline of the EU legal framework -- relevant case law of the
CJEU regarding the liability of online intermediaries for third party infringements -- compatibility of
the German judgment with CJEU case law analysed -- BGH imposed far-reaching obligations on
the file hosting provider.
Subject: Carriage service providers--liability--Germany
Subject: Copyright infringement--case law--Europe
Subject: Carriage service providers--law and legislation--Germany
SNIPER No.: 2014/00415
Author: Mammen, Christian E.
Title: Getting patent reform right
Source: Intellectual Property Magazine. February 2014, pp. 21-22.
Summary: United States government directed attention to whether, and how, to reform the patent
system -- to address perceived problems associated with patent enforcement efforts by patent
trolls -- pre-suit letters -- transparency of ownership, joinder -- customer suits -- heightened
pleading -- elimination of Form 18 -- stay of discovery -- core document discovery -- fee shifting -claim construction in post-issuance review -- clarification of jurisdiction.
Subject: Patent trolls--United States
Subject: Patents--law and legislation--United States
SNIPER No.: 2014/00458
SNIPER Bulletin – April 2014
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Author: Jewell, Catherine
Title: Giving innovation wings: how Boeing uses it's IP
Source: WIPO Magazine. No. 1, February 2014, pp. 16-22.
Summary: Interview with Peter Hoffman, Boeing's Vice President of Intellectual Property
Management -- why IP is important to Boeing -- how to determine what will be patented -characterising Boeing's approach to IP -- IP management at Boeing: key facts -- does transferring
IP threaten long-term interests -- IP operations based in the US -- IP infringement monitoring -main IP challenges -- key issues facing the aerospace industry today -- how Boeing stays at the
cutting-edge of innovation -- future of 3D printing in the aerospace business -- 3D printed plane by
2050 -- insights drawn from producing the 787 (Dreamliner) -- perspective on open innovation -use of the Patent Cooperation Treaty (PCT) -- future of flight.
Subject: Boeing Aerospace Company
Subject: Intellectual property management--transport and storage industry
Subject: Innovation (Technological)--transport and storage industry
SNIPER No.: 2013/02808
Author: Valsangkar, Anjali
Title: The globalisation question: international trademark reputation in India
Source: World Intellectual Property Review. September-October 2013, pp. 42-43.
General Note: Forms part of: India Focus.
Summary: Transborder reputation -- modification of trade mark law territoriality from 'prior user in
the territorial market' to 'prior adopter of the mark in the world market' -- foreign marks in India -"Whirlpool' mark in N. R. Dongre & Others v Whirlpool Corporation (1996) -- passing off -- 'Ocuflox'
mark regarding a medicinal preparation for the eyes.
Subject: Trade marks--case law--India
Subject: Trade mark owners' rights--India
Subject: Famous trade marks
SNIPER No.: 2014/00577
Added author: UK Intellectual Property Office
Title: Graphene: the worldwide patent landscape in 2013
Source: Graphene: the Worldwide Patent Landscape in 2013. March 2013.
Summary: Graphene is a nanomaterial consisting of single layer sheets of carbon atoms in a
hexagonal arrangement -- media reports it as the "miracle material of the 21st century" -noticeable increase in the number of graphene-related patent applications filed in the UK since
2011 -- activity in the area has continued to grow -- perceived imminent commercialisation and
high profile nature of graphene -- apparent interest to scientists, technologists and policy-makers -patent landscape -- UK perspective -- recent shift in graphene patenting activity -- Chinese impact
in recent years.
Subject: Nanotechnology industry--United Kingdom
Subject: Patents--nanotechnology industry
SNIPER No.: 2014/00456
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Author: Brant, Jennifer
Title: Green technology diffusion: insights from industry
Source: WIPO Magazine. No. 1, February 2014, pp. 8-11.
Summary: Incentivising innovation -- technology flows boost development -- optimising technology
diffusion -- the role of intellectual property in supporting technology transfer deals -- driving
knowledge transfer through partnership -- attracting technology flows.
Subject: Innovation (Technological)
Subject: Environmental issues in intellectual property
SNIPER No.: 2014/00517
Author: Allen, John J.
Author: Groot, Emma de
Title: Hague Appeal Court establishes Dutch position in website blocking wars
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 38-40.
Summary: Online copyright infringement -- Europe -- entertainment industry taking action against
internet service providers (ISPs) -- blocking orders as remedy against file sharing -- varying
outcomes across Courts in Europe -- Netherlands -- Hague Court decision ordering several ISPs to
block access to The Pirate Bay -- whether sufficient legal basis for blocking measures -- case law
from the Court of Justice of the European Union -- L'Oréal v eBay -- LSG v Tele2 -- Scarlet v
Sabam -- UPC Telekabel Wien v Constatin -- serious questions raised -- due process and freedom
to impart and receive information -- European Court of Human Rights (ECHR) requirements -website blocking in the Netherlands -- analysis of the Hague Court of Appeal decision -- whether
infringers actually used the ISPs' services for infringing copyrights -- overturned the blocking order
of the Hague District Court -- questions still to be answered.
Subject: Electronic copyright--case law--Europe
Subject: Carriage service providers--liability--Europe
SNIPER No.: 2014/00257
Author: Curry, Josephine
Title: High Court applies Court of Justice ruling and grants injunction against TVCatchup
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 19-21.
Summary: The High Court, England and Wales, issues Order granting victory in the main for
claimant broadcasters -- ITV Broadcasting Ltd and others v TVCatchup Ltd -- legal context -TVCatchup Ltd (TVC) provides an online television broadcasting service -- UK broadcasters
alleged that TVC breached s20 of the Copyright, Designs and Patents Act 1988 (CDPA) and
Article 3(1) of the Copyright Directive -- questions referred to the Court of Justice of the European
Union (CJEU) -- analysis of the High Court decision -- streaming activities infringe claimants' film
and broadcast copyrights but there is a defence under s 73 CDPA with reference to the claimant's
public service broadcasting (PSB) channels -- incompatibility of s73 CDPA and the Copyright
Directive -- Order restrains mobile streaming of any channels and online streaming of digital
channels -- online streaming of PSB channels allowed -- TVC and claimants allowed to appeal to
the Court of Appeal.
Subject: Copyright infringement--case law--United Kingdom
Subject: Television broadcasts--United Kingdom
Subject: Neighbouring rights
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00330
Author: Kongolo, Tshimanga
Title: Historical developments of industrial property laws in Africa
Source: WIPO Journal. Vol. 5 No. 1, 2013, pp. 105-17.
Summary: Industrial property systems in Africa during the colonial era -- African industrial property
laws after independence until the 1990s -- evolution of two African regional intellectual property
organisations -- OAPI (Organisation Africaine de la Propriété Intellectuelle (African Intellectual
Property Organization)) -- ARIPO (African Regional Industrial Property Organization) -- selected
African national industrial property laws after independence -- African countries and the
international IP framework's historical connection -- IP legislation bought to African through
colonisation.
Subject: Intellectual property systems--history--Africa
Subject: Intellectual property offices--Africa
SNIPER No.: 2014/00409
Author: Phillips, Tom
Title: Hong Kong: in search of the elusive hub
Source: Intellectual Property Magazine. February 2014, pp. 10-12.
Summary: Plan to make Hong Kong (HK) the "intellectual property (IP) trading hub" of Asia -highlight so far has been an online trading platform -- increased participation in the Business of IP
(BIP) Asia event -- commitment from State Intellectual Property Office (SIPO) to train HK patent
examiners -- belief, that because HK is one of the world's financial centres, it can do the same with
IP -- HK's attributes for being the Asian IP hub -- huge investment in infrastructure projects -- lack
of IP enforcement in mainland China -- alternative dispute resolution (ADR) adopted by HK's plan - need for more tax treaties with other countries to increase incentives -- backing of senior
government departments -- detail on what actual IP trading will take place and who will be
involved, remains sketchy.
Subject: Intellectual property industry--Hong Kong
SNIPER No.: 2014/00389
Author: Engelman, Mark
Title: How are Guernsey image rights enforced?
Source: CIPA: the journal, incorporating the 'Transactions', of the Chartered Institute of Patent
Agents. Vol. 43 No. 1, January 2014, pp. 24-25.
Summary: Image Rights (Bailiwick of Guernsey) Ordinance, 2012 -- Guernsey Image Rights
Register -- intellectual property protection tool -- register has registered images of sports
professionals, celebrities and unique products, looking to protect their unique design after the
expiry of their design rights -- registration, internet and reciprocal enforcement.
Subject: Personality rights--law and legislation--Guernsey
Subject: Famous trade marks--Guernsey
SNIPER No.: 2014/00486
Author: Ginsburg, Jane C.
SNIPER Bulletin – April 2014
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Title: Hyperlinking and "making available"
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 147-148.
Summary: "Making available" right covers the offering of the work for streaming or downloading -not restricted to actual transmissions -- right set out in the 1996 WIPO Copyright Treaties and 2001
European Union Information Society Directive -- enable members of the public to access specific
protected content -- Association Littéraire et Artistique International (ALAI) Report and Opinion -examines the nature of the making available right and its application to hyperlinking -- analysis that
will preserve the intended scope of the making available right without paralysing the practice of
lawful linking.
Subject: Copyright infringement
Subject: Copyright--law and legislation--Europe
Subject: International law
Subject: Electronic copyright
SNIPER No.: 2014/00553
Author: Salatas, Theofanis
Title: Implementing the new trademark law: practice versus theory
Source: Intellectual Asset Management. IP Value 2014, pp. 93-96.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Trade mark reform -- Greece -- filing, registration and opposition procedures -infrastructure at Greek Trademark Office -- geographical origin and introduction of Hellenic trade
mark -- further modernisation needed -- doubt over commitment of Greek IP agencies to reform.
Subject: Trade mark systems--reform--Greece
Subject: Intellectual property offices--reform--Greece
Subject: Certification trade marks--Greece
SNIPER No.: 2014/00516
Author: Smith, Joel
Author: Stammer, Kristin
Title: Increased protection for trade secrets under Trans-Pacific Partnership
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 28-29.
Summary: Trans-Pacific Partnership Agreement (TPP) in final rounds of negotiation -- expected to
be signed early in 2014 -- controversial proposal by the United States, Mexico, Canada, New
Zealand and Japan to criminalise trade secret disclosure -- impact on Australian business -currently Australian law does not directly criminalise disclosure of trade secrets -- proposal would
have wide-reaching and important consequences for industries relying heavily on trade secrets to
protect commercially valuable confidential information -- may impact on level of foreign investment
into Australia and other TPP countries.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Trade secrets--treaties
Subject: Trade secrets--Australia
SNIPER No.: 2013/02810
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Author: Daruwalla, Tehemtan N.
Title: The Indian scenario on famous marks
Source: World Intellectual Property Review. September-October 2013, pp. 50-52.
General Note: Forms part of: India Focus.
Summary: The International Association for the Protection of IP (AIPPI) to consider working
question 234 "relevant public for determining the degree of recognition of famous marks, wellknown marks and marks with a reputation" -- Article 16 of the Paris Convention -- lack within the
law of a proper definition of what makes a mark well-known -- Indian Trademarks Act 1999 -application for 'Canon' mark -- Disney Enterprises Inc v Rajesh Bharti & Ors -- use of Disney mark
and characters on bicycles.
Subject: Famous trade marks
Subject: Famous trade marks--law and legislation--India
Subject: Famous trade marks--case law--India
SNIPER No.: 2014/00454
Author: Reddy, T. Prashant
Title: The Indian Supreme Court's judgment in the case of Glivec: the uncertain future of
pharmaceutical patents in India
Source: Pharmaceutical Patent Analyst. Vol. 3 No. 2, March 2014, pp. 117-119.
Summary: Supreme Court of India judgment in Novartis v Union of India -- decision went against
Novartis -- India's policy towards pharmaceutical patents 1970 to 2005 -- interpreting Section 3(d)
of the Indian Patent Act in the Novartis-Glivec case -- Supreme Court judgment -- India a small
proportion of the global pharmaceutical market -- questioned the compatibility of Section 3(d) with
the minimum requirements of Agreement on Trade Related Intellectual Property Rights (TRIPs) -impact on the grant of future Indian patents for pharmaceutical inventions, especially those derived
from new chemical entities (NCEs) -- Section 3(d) and its interpretation by the Supreme Court of
India -- criticised by the innovator pharmaceutical industry and the United States Trade
Representative (USTR) -- warned policy will lead to an adverse impact on pharmaceutical
innovation and violate TRIPSs.
Subject: Patents--pharmaceutical industry--India
Subject: Pharmaceuticals--India
SNIPER No.: 2014/00588
Author: Wright, Brian D.
Title: Industry-funded academic inventions boost innovation
Source: Nature. Vol. 507 No. 7492, 20 March 2014, pp. 297-299.
Summary: Role of corporations in academic research -- university-industry collaboration -- study
of twenty years of records from the University of California system -- findings -- industry-funded
inventions yielded patents and licences more frequently than federally sponsored ones -- results
consistent across technical fields -- industry-sponsored inventions were more highly cited in
subsequent patent applications (forward citations) which are the most widely used marker of a
patent's quality and importance -- each corporate-sponsored invention generated an average of
12.8 forward citations compared with 5.6 for federally sponsored inventions.
Subject: Innovation (Technological)--analysis
Subject: Intellectual property management--education and training industry
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00491
Author: Geerts, P. G. F. A. (Paul G. F. A.)
Title: The informed user in design law: what should he compare and how should he make the
comparison?
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 181-185.
Summary: PepsiCo judgment of the CJEU -- what an informed user should compare in invalidity
proceedings -- compare with existing design corpus with the design registration or the actual
marketed article embodying the design -- design registration is still decisive -- Community Design
Regulation -- when possible the informed user will make a direct comparison -- when a direct
comparison is not possible an indirect comparison (based on recollection) may be made -- favour
of only working with the direct comparison method.
Subject: Community design--Europe
Subject: Industrial design validity--Europe
Subject: Industrial design infringement--Europe
SNIPER No.: 2014/00410
Author: O'Malley, Maura
Title: INTA the new presidency
Source: Intellectual Property Magazine. February 2014, pp. 13-14.
Summary: International Trademark Association (INTA) president Mei-lan Stark -- creation of three
new task forces -- brands and innovation -- building bridges -- doing more to partner with groups
INTA hasn't specifically targeted before -- examining committee membership and participation -Internet Corporation for Assigned Names and Numbers (ICANN)'s generic Top-Level Domain
(gTLD) programme -- adding to the already considerable workloads of in-house counsel -- targets
for closer collaboration -- ambush marketing -- legislation imposing plain packaging onto tobacco
products -- challenges of 3D printing.
Subject: Stark, Mei-lan--interviews
Subject: Professional bodies (Intellectual property)
SNIPER No.: 2014/00568
Author: Sarikakis, Katharine, 1970Author: Rodríguez-Amat, Joan Ramon
Title: Intellectual property law change and process: the case of Spanish Ley Sinde as policy
laundering
Source: First Monday. Vol. 19 No. 3, 3 March 2014
Summary: Copyright law and policy -- Spain -- interaction between global and national intellectual
property laws -- defining 'policy laundering' -- case study of Spanish policy making process -European context for copyright law, piracy and three-strikes regimes -- harmonisation of Spanish
laws -- Ley Sinde and the Bill of Sustainable Economy (BSE) -- Ley Sinde as a case of policy
laundering.
Subject: Public policy--Spain
Subject: Harmonisation of laws--Spain
Subject: Electronic copyright--law and legislation--Spain
SNIPER Bulletin – April 2014
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Subject: Intellectual property law--harmonisation--Spain
SNIPER No.: 2014/00402
Author: Torremans, Paul
Title: Intellectual property puts art.6(1) Brussels I Regulation to the test
Source: Intellectual Property Quarterly. No. 1, 2014, pp. 1-12.
Summary: Intellectual property the object of considerable harmonisation over the years -international treaties and European Union law -- combination of territorial (national) intellectual
property rights and their exploitation beyond national boundaries raises questions related with the
possible application of art.6(1) of the Brussels I Regulation -- forum connexitatis offers the
possibility to pursue the infringement of what, is often considered as a single right, rather than a
bundle of parallel national intellectual property rights -- patent infringement performed in a uniform
manner, is pursued as a single case before a single court -- art.6(1) offers an interesting
opportunity in a number of intellectual property cases -- art.6(1) is principally targeted at
defendants residing in different Member States acting with a common agenda -- in contrast with
the most common scenario of intellectual property rights infringement, which involves both parallel
rights and defendants that act (individually) in a parallel fashion -- hopes that the recent reform of
the Brussels I Regulation would bring clarification on this point, have unfortunately not been
fulfilled.
Subject: Legal jurisdiction--Europe
Subject: Intellectual property law--Europe
Subject: Intellectual property enforcement--Europe
SNIPER No.: 2014/00338
Author: Blythe, Alice L.
Title: Internal company emails: should the inclusion of trade marks be regarded as use in the
course of trade or a private matter?
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 106-111.
Summary: OCH-Ziff v OCH Capital -- trade mark use in the course of trade -- impact that recent
case law concerning trade marks online has had on the boundaries of this definition -- BMW v
Deenik -- first case to go before the CJEU seeking an interpretation of art.6 Directive 2008/95 -Robelco and Céline -- extent of the rights granted to trade mark proprietors -- effectiveness of
current legal tests.
Subject: Trade mark infringement--case law--Europe
Subject: Trade mark use--law and legislation--Europe
SNIPER No.: 2014/00383
Author: Rainey, Margaret M.
Title: Internal marketing of the patent information team in the corporate environment
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 16-21.
Summary: Need for patent information professionals working within large corporations to market
themselves within their organisation -- increase visibility of the patent information team -demonstrate strategic value it adds to the organisation -- why internal marketing is necessary -suggested methods -- important to have regular positive contact with new and existing clients and
their managers -- vital to raise profile of team as major players in strategic company decisions.
SNIPER Bulletin – April 2014
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Subject: Intellectual property industry
Subject: Marketing--knowledge industry
SNIPER No.: 2014/00262
Author: Ishimaru, Shohei
Author: Nakaya, Yuichiro
Title: International harmonization of the grace period: the experience of Japan
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 61-74.
Summary: Japan as a case study in the harmonisation of patent systems -- history of international
dialogue on patent harmonisation -- the grace period (GP) in filing a patent application and the
different grace period systems -- revision of Japan's Patent Act in 2011 -- statistics on the use of
the GP -- analysis by sector of applicant -- analysis by type of disclosure -- use of GP by technical
field -- questionnaire survey on enlarging the GP -- more than 80 per cent of respondents had a
positive opinion on the GP system -- assessment of the Japanese Patent Act revision -- a look at
GP harmonisation internationally.
Subject: Patent systems--reform--Japan
Subject: Harmonisation of laws--Japan
Subject: Patent systems--statistics--Japan
Subject: Patent systems--harmonisation
SNIPER No.: 2014/00488
Author: O'Sullivan, Ella
Title: International Stem Cell Corp v Comptroller General of Patents: the debate regarding the
definition of the human embryo continues
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 155-163.
Summary: International Stem Cell Corp v Comptroller General of Patents -- UK Patents Court
decision -- another question referred to the CJEU on the interpretation of art.6(2)(c -- exclusion of
uses of human embryos under art. 6(2)(c) of Directive 98/44 -- legal protection of biotechnological
inventions -- definition of the human embryo -- legal framework regarding the non-patentability of
inventions which involve the use of human embryos in Europe -- decisions which have emerged
from the EPO and the CJEU -- Brűstle v Greenpeace -- underlying uncertainties of art.6(2)( c)/r.28(
c) EPC -- outcome of the preliminary reference to the CJEU.
Subject: Patentability--biotechnology industry--Europe
Subject: Patenting of life forms--case law--Europe
Subject: Patenting of life forms--law and legislation--Europe
SNIPER No.: 2014/00370
Author: Voon, Tania
Title: Introduction: national regulatory autonomy and the Trans-Pacific Partnership Agreement
Source: Voon, Tania (ed.),Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 1-10.
Summary: Trans-Pacific Partnership Agreement (TPP) at the centre of a series plurilateral trade
agreements being negotiated around the world -- negotiations with additional TPP partners --
SNIPER Bulletin – April 2014
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global significance of the agreement -- Regional Comprehensive Economic Partnership (RCEP)
negotiations -- intention of launching negotiations between the United States and the European
Union towards a Transatlantic Trade and Investment Partnership (TTIP) -- negotiating partners'
pact of secrecy -- negotiations and qualitative principles for assessing a final TPP agreement.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER No.: 2014/00250
Author: Shaw, Keo
Title: Invention for computer transmission system unpatentable
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 3-4.
Summary: The High Court of England and Wales upholds decision of United Kingdom Intellectual
Property Office (UK IPO) that a computer transmission system invention was unpatentable -Lantana Ltd v Comptroller-General of Patents, Designs and Trade Marks -- Section 1(2) of the
Patents Act 1977 indicates which items are not patentable under the Act -- ' a scheme, rule or
method for performing a mental act, playing a game or doing business or a program for a
computer' does not qualify as an invention -- Lantana lodged a patent application devising a
method for accessing files on a remote computer from a local computer -- UKIPO refused the
application -- analysis of High Court decision based on Lantana appeal -- use of guideposts from
HTC Europe Ltd v Apple Inc -- practical significance.
Subject: Computer-related inventions--patentability--United Kingdom
Subject: Patents--Information technology industry--United Kingdom
SNIPER No.: 2014/00378
Author: Trakman, Leon E.
Title: Investor-state dispute settlement under the Trans-Pacific Partnership Agreement
Source: Voon, Tania (ed.),Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U. K. : Edward Elgar, 2014. pp. 179-206.
Summary: Options for investor-state dispute settlement in the Trans-Pacific Partnership
Agreement -- in what terms investors might be permitted to bring claims against host governments
under the TPP -- Australian position -- general opposition to investor-state dispute settlement -relevance of the investment claim already brought against Australia in connection with plain
packaging tobacco.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
Subject: Trade dress
SNIPER No.: 2014/00547
Author: Leskaj, Ekflodia
Author: Beqiri, Jonida
Title: IP protection: keeping up with developments and raising awareness
SNIPER Bulletin – April 2014
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Source: Intellectual Asset Management. IP Value 2014, pp. 64-68.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Intellectual property protection -- Albania -- new national policies -- National Strategy
on Intellectual and Industrial Property -- Strategy for the Protection of Intellectual Property by
Albanian Customs Authorities -- legislative developments -- Law on Industrial Property -- Council of
Ministers Decision on State Inspectorate of Market Monitoring -- Order on the Internal Regulation
of ALPTO -- case law -- Arseni Shpk v. Bavaria NV -- Red Bull GmbH v. Arseni Shpk -Torrefazione Portioli SpA v. Brave Media Shpk -- SPAR International BV v. Iliria DC Shpk.
Subject: Intellectual property--policy--Albania
Subject: Intellectual property law--Albania
Subject: Intellectual property offices--Albania
Subject: Intellectual property--case law--Albania
SNIPER No.: 2014/00548
Author: Adams, Matt
Author: Broadley, Damian
Author: Gibson, Anton
Title: The IP year for Australia and New Zealand
Source: Intellectual Asset Management. IP Value 2014, pp. 69-74.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Intellectual property developments in 2013 -- Australia -- Raising the Bar legislative
amendments -- plain packaging laws -- court wins for trade mark owners -- Scotch Whisky
Association v. Jin Ho Lee -- DC Comics v. Cheqout Pty Ltd -- Winnebago Industries Inc. v. Knott
Investments Pty Ltd (No. 2) -- changes to Google AdWords policy -- Intellectual Property Laws
Amendment Bill 2013 (lapsed) -- gene patents -- Cancer Voices Australia v. Myriad Genetics Inc. -software patents -- RPL Central Pty Ltd v. Commissioner of Patents -- integrated Trans-Tasman
patent examination -- New Zealand -- accession to Madrid Protocol -- three strikes copyright law -Megaupload and Kim Dotcom -- alternative frameworks for indigenous rights and Ka Mate haka -new Patent Act -- software patents.
Subject: Intellectual property law--Australia
Subject: Trade mark infringement--case law--Australia
Subject: Intellectual property law--New Zealand
Subject: Copyright--case law--New Zealand
Subject: Indigenous issues in intellectual property--New Zealand
SNIPER No.: 2014/00575
Author: Maister, Bernard
Author: Woensel, Caspar P. L. von
Title: Is compliance enough: can the goals of intellectual property rights be achieved in South
Africa?
Source: South African Intellectual Property Law Journal. Vol. 1 2013, pp. 111-142.
Summary: Reviews the intellectual property rights (IPR) system of South Africa and from the
perspective of European Union trading partner, the Netherlands -- aspects of the international IPR
SNIPER Bulletin – April 2014
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scheme -- background, negotiating history and requirements of the TRIPS Agreement -- linking
intellectual property rights to trade -- reluctant acceptance by developing countries -- sources of
discontent -- strong intellectual property a precursor to development -- management of patents in
international trade -- South Africa's intellectual property system -- European perspective on IP
development -- North and South similarities and differences.
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
Subject: Intellectual property systems--South Africa
Subject: Trade--developing countries
SNIPER No.: 2014/00414
Author: Stevens, Jason
Title: Is the automotive sector the new battleground for patent wars?
Source: Intellectual Property Magazine. February 2014, pp. 19-20.
Summary: Car industry in general is starting to show its age -- once a firm becomes a volume
carmaker it normally stays as one -- size brings inertia -- companies who have invested huge sums
in factories producing conventional engines are unlikely to be willing to invest in research that
could render such conventional designs obsolete -- newer companies are free to be pioneers -major electrical and electronic companies are carrying out their own research -- electronic driver
aids are being created and refined -- improvement more reliant on software than hard engineering - lends itself to development by newcomers in the field -- similar situation with mobile telephony -smartphone patent wars -- important priority for volume car manufacturers is to ensure they are
able to produce cars that meet the public's demands and expectations -- are not hampered by
patents from the newcomers -- car manufacturers have tended to avoid litigation with each other
through cross-licensing of each other's technology -- not an option if newcomers hold key patents - cross-licensing only works if each party has a patent the other party wants to use -- importance of
avoiding another patent war.
Subject: Patents--manufacturing and processing industry
Subject: Intellectual property licensing
SNIPER No.: 2014/00412
Author: Cordell, Neville
Author: Bridgman Baker, Persephone
Title: ISPs and site blocking orders
Source: Intellectual Property Magazine. February 2014, pp. 16-17.
Summary: Injunctive relief against internet service providers (ISPs) -- most important unresolved
issue of 2013 -- Advocate General opinion in the reference from the Austrian Supreme Court in
UPC Telekabel -- confirming the United Kingdom position that even an ISP only providing services
to the user of an infringing website is a person against whom an injunction can be granted -legislative framework -- current case law -- the "use" of an ISP's services -- proportionality -- where
next?
Subject: Copyright infringement--case law
Subject: Carriage service providers--liability
SNIPER No.: 2014/00404
Author: Sudo, Miya
SNIPER Bulletin – April 2014
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Author: Newman, Simon T. McB.
Title: Japanese copyright law reform: introduction of the mysterious Anglo-American Fair Use
Doctrine or an EU style Divine Intervention via competition law?
Source: Intellectual Property Quarterly. No. 1, 2014, pp. 40-71.
Summary: Reforms to Japanese copyright law to correct the failings of the current system -existing copyright regime is based on 19th-century civil law doctrine -- refracted through a uniquely
Japanese prism, a refraction that creates uniquely Japanese problems -- possible solutions -introduce an open-ended general limitation clause, such as the American fair use system -- adopt
an EU-style approach -- legislative body makes amendments of individual restriction provisions in a
timely manner -- judiciary applies national copyright law and competition law interactively to deal
with any Magill-style conundrum -- American fair use principle -- United Kingdom's fair dealing -general picture of the Japanese Copyright Act's historical background and its distinctive character - current Japanese copyright law is effectively obsolete -- approach too rigid to deal effectively with
new technologies -- current Japanese copyright law stands in the way of innovation, stifling new
modes of exploitation and creating chilling effects -- contrasting manner in which United States and
EU nations approach new technologies -- best way forward for the Japanese copyright legal
regime.
Subject: Copyright--law and legislation--Japan
Subject: Competition law
Subject: Fair use (Copyright)
SNIPER No.: 2014/00522
Author: Chien, Hsiu-Ru
Author: Wu, Shih-I
Title: Joint patent owner not required to remunerate co-owners for implementing patent
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 49-50.
Summary: Taiwan Patent Act -- stipulates provisions regarding joint ownership of patents -application for a jointly owned patent -- disposal of a jointly owned right to apply for a patent -implementation and disposal of a jointly owned patent right -- limits of the legislative provisions -judgment of the Intellectual Property Court on 26 September 2013 (Min-Zhuan-Shang-Zi-17) -found joint owner not required to pay remuneration to other co-owners when implementing the
patent on his own -- court clarified its views on issues regarding joint ownership of patents -- patent
co-owner is not entitled to claim invalidity of jointly owned patent in litigation -- implementation of a
patent by one owner does not require consent of other co-owners -- joint owner is not required to
remunerate other co-owners for implementation of a patent -- self-implementation by a joint owner
does not hinder exercise of patent right by other co-owners
Subject: Patent ownership--Taiwan
SNIPER No.: 2014/00573
Author: Karjiker, Sadulla
Title: Justifications for copyright: the moral justifications
Source: South African Intellectual Property Law Journal. Vol. 1 2013, pp. 42-58.
Summary: Legal protection of copyright works-- copyright -- moral justifications -- natural rights
theory -- criticism of the natural rights theory -- reward theory -- conclusion on the labour-based
theories -- personality theory -- issues relating to copyright protection may be relevant to
SNIPER Bulletin – April 2014
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intellectual property protection generally -- substantive legal differences between the various forms
of intellectual property -- scope of protection of the South African Copyright Act 1997.
Subject: Copyright--law and legislation--South Africa
Subject: Copyright owners' rights
SNIPER No.: 2014/00550
Author: Lam, Cedric
Author: Wong, Janet
Author: Shi, Lilian
Author: Zeng, Sherry
Title: Keeping an eye on the latest IP developments
Source: Intellectual Asset Management. IP Value 2014, pp. 80-84.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Intellectual property developments in China and Hong Kong -- China and Special 301
Report -- trade mark, patent and domain name filing statistics -- IP law revisions -- Trademark Law
-- service mark protection -- compensation for employee-inventors -- rights of communication and
ISP liability -- increased administrative penalties -- remitting royalties in cross-border IP
transactions -- Chinese trade mark clearinghouse -- enforcement and court statistics -- new IP
precedents and guidelines -- notable patents, trade marks and trade secrets cases -- maturing of
Chinese IP landscape -- new Hong Kong patent regime -- public consultation on Copyright
Ordinance -- combatting shadow companies.
Subject: Intellectual property law--China
Subject: Intellectual property--statistics--China
Subject: Intellectual property law--Hong Kong
SNIPER No.: 2014/00541
Author: Zeitler, Michael, 1968Title: Key IP issues in outsourcing
Source: Intellectual Asset Management. IP Value 2014, pp. 32-36.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Outsourcing and intellectual property management -- reasons for outsourcing -- general
risks -- outsourcing contracts -- key IP issues.
Subject: Outsourcing--management
Subject: Intellectual property management
SNIPER No.: 2014/00504
Author: Green, David C.
Title: KPMG: migrating from .com
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 20-21.
Summary: Professional services firm, KPMG, looking to replace its kpmg.com website with a
.kpmg generic top-level domain (gTLD) -- David Green, head of global digital marketing, talking
about the firms' vision -- advantages in having a gTLD -- 'clear signpost' for Internet users to
SNIPER Bulletin – April 2014
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genuine KPMG domains and content -- increase client trust and reduce possibility of malicious
conduct -- search engine optimisation -- many brand applicants applied to operate a registry
system -- lot of future innovation in the domain name system will come from brands -- technical
issues -- expects .kpmg to eventually supersede kpmg.com as firm's flagship branded website.
Subject: Domain name registries--business and professional services industry
Subject: Brand management--business and professional services industry
SNIPER No.: 2014/00403
Author: Thambisetty, Sivaramjani
Title: The learning needs of the patent system and emerging technologies: a focus on synthetic
biology
Source: Intellectual Property Quarterly. No. 1, 2014, pp. 13-39.
Summary: Insights from institutionalist theories draw out the ways in which the multi-institutional
setup of the patent system determines the quality and coherence of patent law -- transposing
dominant normative explanations with institutionalism clarifies the process of legal change and
decision-making in the patent system -- institutional environment of the patent system makes it
opaque, sticky and complex -- significant features that are examined for the first time -- decisionmaking under the statute is driven by the learning needs of the actors in the process -- learning
needs as decision-heuristics such as the "person skilled in the art" -- "inventive step
determinations" -- the "content of prior art" -- these learning needs, set against the broader
institutional environment, severely constrain current goals and limit future decision-making
possibilities -- in the case of an emerging technology such as synthetic biology, the management of
learning needs is likely to lead to decisional outcomes marked by a desire for short-term gains in
certainty and homogeneity, rather than substantive goals.
Subject: Patents--biotechnology industry
Subject: Patent systems
SNIPER No.: 2014/00101
Author: Dickerson, Jeremy
Author: Roberts, Emily
Author: Shaw, Georgina
Title: Lessons from historical UDRP decisions
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 51-55.
Summary: Uniform Domain Name Dispute Resolution Policy (UDRP) -- is the UDRP always the
correct procedure to use? -- are previous UDRP decisions binding? -- how does the process differ
from conventional litigation? -- lessons relating to the three fold test -- does the complainant have
rights? -- is the domain name identical or confusingly similar? -- legitimate interests in dictionary
words -- resellers and distributors of legitimate goods -- bad faith.
Subject: Dispute resolution
Subject: Domain names
SNIPER No.: 2013/02813
Author: Sonoda, Yoshitaka
Title: Lessons in claim construction from Apple v Samsung
SNIPER Bulletin – April 2014
Page 42 of 92
Source: World Intellectual Property Review. September-October 2013, pp. 60-63.
Summary: Infringement of an Apple patent for 'Intelligent Synchronization Operation for Media
Player' by Samsung -- issues -- ruling -- use of terms 'media', 'media item' and 'media information' - typical techniques -- if the language used in the claims is not clear, the meaning is construed
according to the specification description.
Subject: Patent infringement--case law--Japan
Subject: Patent claims
SNIPER No.: 2014/00545
Author: Lagerqvist, Anna Maria
Author: Bruck, Hanna
Title: Luxury brands in a digital world
Source: Intellectual Asset Management. IP Value 2014, pp. 53-56.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Counterfeiting of luxury goods -- explosion of counterfeiting in ecommerce age -tarnishing of brand reputation and equity -- legal mitigation strategies for the online world -- what
brand owners can do -- educate consumers about effects of purchasing counterfeits -- emphasis
on customer service -- register intellectual property rights -- be active online -- proactively enforce
brands -- work with customs agencies -- secure supply chains -- change product designs
periodically.
Subject: Counterfeiting
Subject: Luxury goods
Subject: Customs
Subject: Intellectual property enforcement
SNIPER No.: 2014/00459
Author: McClure, Ian David
Title: A market-based alternative to patent system challenges
Source: WIPO Magazine. No. 1, February 2014, pp. 23-25.
Summary: Flourishing market for patents -- IPXI Intellectual Property Exchange International -- the
world's first financial exchange for IP licensing and trading -- offers a market alternative to litigation
and private bilateral licensing -- improving market transparency -- rules-based procedures -- taming
current IP marketplace conditions -- patent trolls account for 62% of all patent lawsuits in America.
Subject: Patent trolls--United States
Subject: Intellectual property licensing--United States
SNIPER No.: 2014/00596
Added author: Organisation for Economic Co-operation and Development. Directorate for
Science, Technology and Industry
Title: Maximising the benefits of R&D tax incentives for innovation
Source: OECD Policy Brief. October 2013
SNIPER Bulletin – April 2014
Page 43 of 92
Summary: OECD analysis of effects of R&D tax incentives on innovation and growth -- innovation
as a source of economic growth-- R&D tax incentives becoming increasingly available and more
generous -- can create an uneven playing field and leave new growth sources unexploited -designing policies to boost innovation -- direct government funding of business R&D and tax
incentives, 2011 -- changes in government support for business R&D through direct funding and
tax incentives, 2006-2011.
Subject: Innovation (Technological)--policy
Subject: Economic policy
Subject: Industrial research and development--policy
Subject: Taxation--policy
SNIPER No.: 2014/00463
Author: Berneman, Louis P.
Author: Davis, Todd C.
Author: O'Reilley, Dennis P., 1943Author: Raymond, Matthew J.
Title: Maximizing the value of license agreements
Source: Les Nouvelles. Vol. 49 No. 1, March 2014, pp. 45-49.
Summary: License agreement and maximising value -- building a valuable agreement -- flexibility
to share information -- access to critical pieces of information -- clarity of payment terms and
obligations -- protection of the intellectual property -- other legal considerations -- security interests.
Subject: Patent licensing--economics
Subject: Patent licensing--pharmaceutical industry
SNIPER No.: 2014/00363
Title: Meeting the experts
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 41-44.
Summary: Business of IP Asia Forum -- third one held in Hong Kong in December 2013 -included 1,600 IP buyers and sellers, R&D professionals, financial intermediaries and lawyers -views of several of the speakers on IP creation and protection -- Winnie Yeung, Assistant General
Counsel at Microsoft in Hong Kong -- Cyrus Shahabi, Engineering Professor and App Developer at
the University of Southern California -- Tao Zhang, Director of IP Strategy at Huawei, Santa Clara
California -- Tian Lipu, former SIPO Commissioner, Beijing.
Subject: Intellectual property industry--Asia
SNIPER No.: 2014/00382
Author: Materne, Alain
Author: Sleightholme, Gershom
Title: Methods of ranking search results for searches based on multiple search concepts carried
out in multiple databases
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 4-15.
SNIPER Bulletin – April 2014
Page 44 of 92
Summary: Searching for prior art --particular problems when searches involve multiple concepts -comparison of ways for ranking or reordering search results -- special ranking technique which
examiners at the European Patent Office can use -- works well especially when there are several
search concepts and several technical fields to be searched -- called pivot ranking or HorváthMaterne ranking -- based on the assumption that the best documents will mention the search
concepts in full-text databases as well as at least some of the concepts in corresponding abstract
databases -- enables high recall and high precision and avoids complex processing -- results in
high efficiency and flexibility in viewing and assessing hits.
Subject: Patent searching--research
Subject: Patent databases
SNIPER No.: 2014/00580
Author: Sharma, Chetan
Title: Mobile patents landscape: an indepth quantitative analysis
Source: Mobile Patents Landscape: an Indepth Quantitative Analysis. 2013.
General Note: 2nd edition.
Summary: Important IP jurisdictions for the mobile industry -- United States and Europe -- analysis
of patent filings and granted patents from the period 1991-2013 from U.S. and Europe -- Quantity
vs. quality -- mobile patents -- the leaders in U.S include IBM, Microsoft, Samsung, Ericsson, Nokia
-- leaders in Europe includes Alcatel-Lucent, Samsung, Sony, Nokia and Ericsson -- mobile
operators -- platform players -- infrastructure providers -- OEMs -- future patents -- mobile patent
analysis -- top 5 mobile patent categories are multiplex communications, telecommunications, data
processing financial -- multicomputer data transferring -- computer-graphics processing -increasing mobile to total patents ratio.
Subject: Data mining--information technology industry
Subject: Intellectual property management--information technology industry
Subject: Value of intellectual property--information technology industry
Subject: Computer-related inventions
SNIPER No.: 2014/00388
Author: Chaudri, Abida
Author: Joy, Daniel
Title: Morality tales: trade marks and the religious word
Source: CIPA: the journal, incorporating the 'Transactions', of the Chartered Institute of Patent
Agents. Vol. 43 No. 1, January 2014, pp. 20-22.
General Note: Article originally published in Intellectual Property Magazine April 2013, see
2013/00853.
Summary: Law for religious trade marks -- Benelux application for ALLLAH filed by Dutch artist -application covered a variety of leather goods in clothing and footwear classes -- name ALLAH not
intended for commercial manifestations -- refused on the basis that Allah is non-distinctive -- the
correct ground of objection could have been primarily on the ground that registration would be
contrary to accepted principles of morality or public policy -- UK approach.
Subject: Trade mark registrability--case law
Subject: Trade mark distinctiveness--case law--Benelux
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00599
Author: Paunov, Caroline
Added author: Organisation for Economic Co-operation and Development
Title: National intellectual property systems, innovation and economic development: with
perspectives on Colombia and Indonesia
Source: National Intellectual Property Systems, Innovation and Economic Development: with
Perspectives on Colombia and Indonesia. 10 January 2014.
Summary: National intellectual property systems of developing and emerging countries -- analysis
of national IP systems -- national IP systems and innovation in a development context -- legal and
administrative conditions of IP systems -- adapting IP systems to users in a development context -connecting IP to innovation policies -- study of Colombian and Indonesia national IP systems -assessment and recommendations -- socio-economic and innovation contexts -- IP systems and
innovation -- users of the IP systems -- background to innovation, IP rights and development.
Subject: Intellectual property systems--developing countries
Subject: Innovation (Technological)--policy--developing countries
Subject: Intellectual property systems--case studies--Colombia
Subject: Intellectual property systems--case studies--Indonesia
SNIPER No.: 2014/00558
Author: Marciniak, Wojciech
Title: New case law suggests a bumpy ride for Bolar exemption in Poland
Source: Intellectual Asset Management. IP Value 2014, pp. 117-121.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Bolar exemptions for medicinal products and biotechnological inventions -- Poland -research exemptions -- patent term extension by rights owners -- conflicts between pharmaceutical
companies -- impacts on national interests -- experiments serving commercial purposes not
included in research exemption -- needs of generic pharmaceutical manufacturers taken into
account in Polish Industrial Property Law -- Astellas Pharma Inc v. Polpharma -- patent
infringement through advertising of product availability.
Subject: Experimental use (Patents)--pharmaceutical industry--Poland
Subject: Patent infringement--pharmaceutical industry--Poland
Subject: Pharmaceuticals--case law--Poland
SNIPER No.: 2014/00557
Author: Mujica, Micaela
Title: A new era for coexistence agreements
Source: Intellectual Asset Management. IP Value 2014, pp. 111-116.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Coexistence agreements for trade marks -- Peru -- agreements not automatically
accepted by Administrative Court of Appeals -- must not be detrimental to general interests of
consumers -- mandatory substantive trade mark examination -- provisions that contribute to
agreement acceptance -- Cirque du Soleil v Martínez Domínguez -- Hewlett-Packard v. Time
Warner -- Holding Le Duff Hld v. Société des Produits Nestlé SA -- Mebo International Inc v. Cordis
Corporation.
SNIPER Bulletin – April 2014
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Subject: Trade mark licensing--Peru
Subject: Consumer protection--Peru
SNIPER No.: 2014/00506
Author: Fuller, Stuart
Title: The new gTLDs are here: are you prepared?
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 24-26.
Summary: The first new generic-top-level domains (gTLDs) have been approved -- domain name
registry Donuts applied for more than 300 generic terms -- plans to launch seven new gTLDs in
late November -- first to launch a new gTLD was .shabaka -- Arabic word for 'web' -- Arabic
internationalised domain name gTLD launched on 31 October 2013 -- within two years there will be
more than 600 new 'descriptive' domain suffixes available -- domain names as a valuable asset -brand owners should be planning their new gTLD strategies -- protecting IP -- rights of trade mark
holders.
Subject: Domain name registries
Subject: Brand management
SNIPER No.: 2014/00540
Author: Bühling, Jochen, 1961Title: The new Technology Transfer Block Exemption Regulation
Source: Intellectual Asset Management. IP Value 2014, pp. 27-31.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Technology transfer and licensing -- Europe -- legal framework -- issues to be aware of
-- draft for revised Technology Transfer Block Exemption Regulation -- application to licensing only
-- definitions -- market share threshold -- exclusive grant-back -- termination clauses -- technology
pools -- impact on licence agreements.
Subject: European Parliament. Regulation (EC) No 772/2004 of 27 April 2004 on the application of
Article 81(3) of the Treaty to categories of technology transfer agreements.
Subject: Technology transfer--law and legislation--Europe
Subject: Patent licensing--law and legislation--Europe
SNIPER No.: 2014/00502
Title: The new wild west
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 14-16.
Summary: Rapidly expanding app marketplace -- increase in internet use on mobile devices -- rise
of app infringement -- easy for mobile apps to be copied or changed -- leaves users exposed to
fraud, security and other acts of piracy -- awareness of app infringement low among general public
-- difficulties for brands in monitoring app infringement -- fighting the infringers -- IP owners should
work with brand protection companies -- consumer cooperation vital for brands -- anticounterfeiting -- uFaker app allows consumers to alert brands about suspected counterfeit goods in
return for discount on web purchases.
Subject: Multimedia works
Subject: Trade mark infringement--information technology industry
SNIPER Bulletin – April 2014
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Subject: Counterfeiting
SNIPER No.: 2014/00528
Author: Kappos, David
Title: Newly proposed US patent litigation: a note of caution
Source: Intellectual Asset Management. No. 64, March-April 2014, p. 45.
Summary: Patent law reform -- United States -- Goodlatte Innovation Act -- designed to improve
patent litigation processes, reduce litigation uncertainty and costs, and increase value of legitimate
patent rights -- need to not over-correct perceived patent troll issues -- potential damage to US
innovation ecosystem -- too early to tell whether further reform is required.
Subject: United States. Innovation Act of 2013
Subject: Patents--reform--United States
Subject: Patent trolls--law and legislation--United States
SNIPER No.: 2014/00368
Author: Anand, Pravin
Title: The nightmare of Section 8
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
p. 56.
Summary: Section 8 of India's Patents Act has become a nightmare for patent owners -compliance with Section 8 very stringent -- all communications between patent owner and patent
offices of other countries must be reported to the patent office in India --non-disclosure of
information could result in cancellation of the patent -- needs a more practical and realistic solution
-- case law about Section 8 violations -- Roche v. Cipla -- Delhi High Court decision in Koninklijke
Philips Electronics v. Maj (Retd) Sukesh Behl & Anr -- confirmed there is discretion under Section 8
-- facts of the case -- analysis of the decision.
Subject: Patents--pharmaceutical industry--India
Subject: Patent revocation--India
Subject: Intellectual property offices--procedure--India
SNIPER No.: 2013/02760
Author: Sunder, Madhavi
Title: Novartis v Myriad: the Indian and US Supreme Courts on patents and public health
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 711-714.
Summary: Two recent major decisions by the supreme courts of India and the United States -Novartis v Union of India -- Association for Molecular Pathology v Myriad Genetics -- both patents
denied -- reasoning was strikingly different, reflecting contrasting understandings of the purpose
and limits of patent law -- two distinct views of the purpose and limits of intellectual property rights.
Subject: Pharmaceuticals--patentability--India
Subject: Patentability--case law
Subject: Genes--patentability--United States
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00469
Author: Thambisetty, Sivaramjani
Title: Novartis v Union of India and the person skilled in the art: a missed opportunity
Source: Queen Mary Journal of Intellectual Property. Vol. 4 No. 1, February 2014, pp. 79-94.
Summary: Indian Supreme Court's decision in Novartis v Union of India (UOI) -- secondary
pharmaceutical inventions -- Supreme Court (SC) concluded that s 3(d) of the Indian Patents Act
made new forms of known substances ineligible for patents in the absence of 'enhanced efficacy' -in this case was defined as 'therapeutic efficacy' -- context of s 3 and Chapter II of the Act -flexibility afforded by this notional standard as part of a broader non-obviousness enquiry would
have led the Supreme Court to a more conventional and legitimate legal option.
Subject: Patentability--pharmaceutical industry--India
Subject: Patents--pharmaceutical industry--India
Subject: Pharmaceuticals--India
SNIPER No.: 2014/00498
Author: Yates, David L.
Author: Fiddian, Courtney
Title: Now you see me: protecting visual art
Source: Australian Intellectual Property Law Bulletin. Vol. 27 No. 1, January-February 2014, pp. 914.
Summary: Protection of works in the field of "legal street art" -- case examples Diego Rivera mural
and Richard Serra sculpture in the United States, mural of Mark "Chopper" Read by various artists
-- article to focus on the effectiveness of the protection for street artists offered by moral rights -copyright protection of graffiti -- moral rights -- Visual Artists Rights Act in the US -- notice -- artists
informed of destruction or removal of works after the fact -- waiver -- destruction, honour and
reputation -- 5Pointz street art case.
Subject: Artistic works
Subject: Moral rights
SNIPER No.: 2013/03009
Author: Turonek, Mary
Added author: Griffith Hack (Firm)
Title: Off the shelf: the interplay between patent rights and offshore operations
Source: Griffith Hack White Papers. February 2013.
Summary: Australian oil and gas sector -- offshore operations -- new projects ground breaking in
terms of their scale or technological innovation -- patent protection for aspects of the technology
used -- limits of where Australian patents can be enforced with respect to Australian offshore
operations -- Australia's maritime zones -- Timor Sea Joint Petroleum Development Area -- risk of
infringement liability for offshore industry -- cross-border transactions and activities -- risk
minimisation and management -- need to have strategies to manage IP -- negotiate patent systems
in each country where procurement, supply and production activities occur -- risk of contributory
infringement for suppliers.
Subject: Patents--mining industry--Australia
Subject: Intellectual property management--mining industry--Australia
SNIPER Bulletin – April 2014
Page 49 of 92
Subject: Innovation (Technological)--mining industry--Australia
SNIPER No.: 2014/00419
Author: Bone-Knell, Mark
Title: Offside rule: ambush marketing in the Gulf States
Source: Intellectual Property Magazine. February 2014, pp. 30-31.
Summary: Sporting events scheduled to be held in the Middle East -- how the United Arab
Emirates (UAE) will seek to address potential conflict between the social media aware and
aggressive ambush marketing teams, and the holders of intellectual property (IP) and contractual
rights granted to event sponsors for major events in the region -- mobile access to social media
makes possible almost instant distribution of comments and images produced by ambush
marketing campaigners -- financial sponsors have to work closely with organising and
implementing authorities to keep one step ahead of ambush marketers and competitors -- to what
extent will host nations be able to implement, and untimely enforce, any special legislation -- antiambush marketing legislation in the region.
Subject: Major sporting events
Subject: Ambush marketing--tourism and recreation industry--Arab States of the Gulf States
Subject: Ambush marketing--law and legislation--Arab States of the Gulf
SNIPER No.: 2013/02806
Author: Grover, Neeraj
Title: One mark, one source: trademarks in India
Source: World Intellectual Property Review. September-October 2013, pp. 38-39.
General Note: Forms part of: India Focus.
Summary: Principle of 'one mark, one source and one proprietor' -- foreign brands protected
against "prior use in India" defence in passing off actions, despite having no physical presence in
India -- transborder reputation principle -- the way forward -- protection against unlawful prior use.
Subject: Trade marks--India
Subject: Trade mark owners' rights--India
Subject: Famous trade marks--India
SNIPER No.: 2013/02802
Title: One step ahead: fighting the counterfeiters
Source: World Intellectual Property Review. September-October 2013, pp. 22-24.
Summary: Interview with World Customs Organisation compliance and facilitation deputy director,
Allen Bruford -- counterfeiters today are becoming more wily -- true origin of goods certificates
obscured with fake ones -- political will -- lack of legislation and little interest by rights owners for
intervention -- WCO helps countries design their own strategies to address the problem -- action
plan to provide customs officials with the right tools to fight counterfeiting -- rights owners
encouraged to lead IP rights seminars to assist officers in becoming more familiar with branded
goods -- Interface Public-Members (IPM) online tool -- collaboration with international
organisations.
Subject: Counterfeiting
Subject: Customs
SNIPER Bulletin – April 2014
Page 50 of 92
Subject: Intellectual property rights
SNIPER No.: 2014/00537
Author: Høiberg, Susanne
Author: Aagaard, Louise
Title: One step forward, two steps back: examining stem cell patenting
Source: Intellectual Asset Management. IP Value 2014, pp. 12-15
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Patenting of stem cells -- patents and morality -- Europe -- what stem cells are -embryonic and somatic stem cells -- European Court of Justice (ECJ) views -- view of European
Patent Office (EPO) Enlarged Board of Appeal (EBA) -- technological advancements overtaking
current bans -- somatic stem cell situation much clearer -- patentability outlook.
Subject: Patenting of life forms--Europe
Subject: Research on life forms--Europe
SNIPER No.: 2014/00097
Author: Ward, Stephen
Title: Online brand protection: further down the rabbit hole we go
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 27-31.
Summary: Issues that arise when planning an online brand enforcement programme -- specific
forms of online brand protection -- what works -- how to implement the strategies that have proven
successful -- once the brand protection is online, data will be coming in from the search and
monitoring company -- you will have assigned a buy list to investigators or be doing this yourself -what is the next step? -- market should slow down after an initial six months -- brand owners
should not cut back after they see results in the online marketplace -- maintain a steady
programme -- need to expand the ability to purchase evidence to police -- online forensic
programmes -- tools that enable online brand protection specialists to conduct a reverse WHOIS
search of an online infringer to source all active websites that are listed to it -- import and export
records -- use of online auction monitoring services is effective -- imperative for your programme to
have multiple strong cover identities -- trends in online infringement on the market -- newer form of
brand protection is the use of embedded investigators who focus solely on online brand protection
programmes.
Subject: Intellectual property enforcement
Subject: Brand management
Subject: Internet
SNIPER No.: 2013/02762
Author: Rosati, Eleonora
Title: The orphan works provisions of the ERR Act: are they compatible with UK and EU laws?
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 724-740.
Summary: Legislative framework for orphan works as resulting from the Enterprise and Regulatory
Reform Act 2013 (ERR Act) -- compatible with the Copyright and Designs Patents Act 1988
(CDPA), Directive 2001/29, the Charter of Fundamental Rights of the European Union and the
Orphan Works Directive -- history of the domestic orphan works legislation -- UK regime is
SNIPER Bulletin – April 2014
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intended to work through licensing, and to be broad in scope -- Orphan Works Directive offers
much narrower freedom to use orphan works than will be possible under the ERR Act -- legal
nature of the licensing mechanism envisaged by the ERR Act -- qualification as a licensing
approach -- ERR Act against the Orphan Works Directive -- principle of supremacy of EU law -doctrine of pre-emption -- provisions in the Directive offered to users over and above the rules
under the ERR Act.
Subject: Copyright licensing--law and legislation--Europe
Subject: Copyright--reform--United Kingdom
SNIPER No.: 2014/00259
Author: Smyth, Darren
Title: Patent law decisions from Supreme Courts: how can non-specialist judges decide this field of
law?
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 31-39.
Summary: Lack of patent specialist judges at the highest level of many jurisdictions -- examination
of decisions from the Supreme Courts of India, the United States and the United Kingdom (UK) -learning the principles of patent law -- lack of exposure to patent law at the University level -- lack
of judicial understanding in the Prometheus case in the USA -- poor decision in the Myriad case -lack of technical understanding in the Myriad case -- confusion in the Indian Supreme Court
between novelty and infringement -- UK Supreme Court generally has at least one judge with
patent expertise but there have been issues from statements made by non-specialist judges -importance of judges with patent experience in superior courts highlighted.
Subject: Intellectual property industry
SNIPER No.: 2014/00385
Author: Althabhawi, Nabeel Mahdi
Author: Zainol, Zinatul A.
Title: The patent legal system in Iraq: the path to efficiency of its statutes
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 32-35.
Summary: Outline of Iraqi patent system -- history of the legal system in Iraq -- history of the
patent system -- current IP law -- patentability -- duration of protection -- compulsory licensing -challenges of meeting TRIPS and WTO requirements -- limited availability of information on Iraqi
patent applications and patents -- electronic databases being developed -- efficiency of the patent
legal system to protect industrial innovation.
Subject: Patents--law and legislation--Iraq
Subject: Patentability--Iraq
Subject: Compulsory licensing--Iraq
SNIPER No.: 2014/00461
Author: Wyse, Joe
Author: Zinda, Ken
Author: Gerhardt, Greg
Author: Gregory, Robert
Author: Grulke, Eric A.
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Title: Patent technology landscapes for assessing intellectual property in academic environments
Source: Les Nouvelles. Vol. 49 No. 1, March 2014, pp. 15-24.
Summary: Patent technology landscape -- analytical tool to access the value of and guide the
development of intellectual (IP) into commercial products -- challenges for assessment of
academic research leading to commercialisation -- commercialisation in typical academic
environments -- patent technology landscapes for academic environments -- landscape results -high activity companies -- top innovators.
Subject: Patents--analysis
Subject: Patents--education and training industry
SNIPER No.: 2014/00336
Author: Aerts, Rob J.
Title: The patenting of biotechnological inventions in the EU, the judicial bodies involved and the
objectives of the EU legislator
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 88-94.
Summary: Patenting of biotechnological inventions in the EU -- Directive 98/44 -- diverse judicial
bodies decide on the patentability of biotechnological inventions -- three kinds of judicial bodies in
the EU -- legal uncertainty remains in the EU about the interpretation and application of the
Directive -- relationships between the diverse judicial bodies -- different legal systems involved in
regulating patenting of biotechnological inventions -- Opinion 1/09 of the Court of Justice -- role of
the European Patent Organisation in the EU in patenting of biotechnological inventions -objectives of the EU lawmaker.
Subject: Patentability--biotechnology industry--Europe
Subject: Biotechnology--Patentability--Europe
Subject: Biotechnology--law and legislation--Europe
SNIPER No.: 2014/00453
Author: Parker, Scott
Author: Hall, Ben
Title: Patenting personalized medicines in the UK, Europe and USA
Source: Pharmaceutical Patent Analyst. Vol. 3 No. 2, March 2014, pp. 163-169.
Summary: Patentability issues surrounding personalised medicine patent claims -- personalised or
stratified medicine -- identifying linking biomarkers -- benefits pharmaceutical companies by
providing an opportunity to research and develop improvements to their existing drug portfolio -efficacy and reduction in side effects -- less expensive avenue when compared with new drug
discovery and development -- how the European Patent Office (EPO) and USA have dealt with
such claims -- US case law Mayo v. Prometheus -- UK case law -- Actavis v. Merck -- BMS v.
Baker Norton -- reviews the UK 'inherency' and 'selection' decisions to take a view as to how the
UK courts will deal with personalised medicine patent claims -- UK courts likely to uphold patent
protection for personalised medicines in the right circumstances -- claim drafting.
Subject: Patents--pharmaceutical industry
Subject: Patentability--pharmaceutical industry
Subject: Medical procedures--patentability
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SNIPER No.: 2014/00258
Author: England, Paul
Title: Patents and plausibility
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 22-30.
Summary: United Kingdom patent law and the increasing compatibility with the Technical Boards
of Appeal (TBAs) of the European Patent Office (EPO) -- principle that patentability requires a
plausible technical contribution -- AgrEvo as a landmark case -- Johns Hopkins -- inventive step -British cases referring to AgrEvo and/or Johns Hopkins -- industrial applicability -- review of
insufficiency -- approach to obviousness and sufficiency -- inventive step and the technical
contribution -- role of evidence -- importance of AgrEvo.
Subject: Patentability--harmonisation--United Kingdom
Subject: Patentability--harmonisation--Europe
SNIPER No.: 2014/00600
Author: Desai, Deven R.
Author: Magliocca, Gerard N.
Title: Patents, meet Napster: 3D printing and the digitization of things
Source: Indiana University Robert H. McKinney School of Law Research Paper. No. 2013-37, 9
October 2013.
General Note: Also published in Georgetown Law Journal (2014)
Summary: Intellectual property and 3D printing -- United States -- computers and factories and the
mechanics of 3D printing -- 3D printing and the economy -- predicting and protecting the future -printed guns and other red herrings -- patent information exchange and changing architecture -copyright originality and merger -- trade dress and branding -- US Congressional regulation -- the
3D ecosystem -- lifting the threat of personal infringement liability -- need for a patent and trade
mark DMCA (Digital Millennium Copyright Act).
Subject: Three-dimensional printing--United States
Subject: Intellectual property infringement--United States
SNIPER No.: 2014/00287
Author: Blum, Jeremy
Author: Ohta, Tom
Title: Personality disorder: strategies for protecting celebrity names and images in the UK
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 137147.
Summary: Image rights in the United Kingdom (UK) and a brief comparison with a selection of
other nations -- 'image rights', 'personality rights' and 'publicity rights' -- no single umbrella right in
the UK that protects image rights -- protecting image rights involves relying on various
unconnected statutory or common law legal rights -- tort of passing off is the most common action
to enforce image rights in the UK -- owning registered trade marks -- Court of Appeal decision in
Elvis Presley Trade Marks -- The Estate of Dianna, Princess of Wales' Application -- opposition -enforcement -- the law of confidential information -- image rights and invasion of privacy -- privacy
can to a limited extent protect the commercial aspects of image rights -- copyright can protect
rights in fictional characters -- advertising standards codes -- defamation -- Data Protection Act
SNIPER Bulletin – April 2014
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1998 (DPA) -- image rights in other countries -- United States -- Germany -- France -- Guernsey -cybersquatting -- Facebook -- Twitter -- the internet and jurisdiction.
Subject: Personality rights--United Kingdom
Subject: Intellectual property management--United Kingdom
Subject: Personality rights
SNIPER No.: 2013/03007
Author: Harris, Tony
Author: Nicol, Dianne
Author: Gruen, Nicholas
Title: Pharmaceutical patents review report 2013
Source: Pharmaceutical Patents Review. 2012-2013.
General Note: The Review Panel issued a background paper in November 2012 and the draft
report in April 2013. The final report was dated May 2013 and was released by the government on
20 March 2014 accompanied by the Government statement on the final report.
Summary: Review announced on 15 October 2012 by the then Parliamentary Secretary for
Innovation, the Hon Mark Dreyfus QC MP -- independent panel appointed --examine whether
Australia’s patent system is effective in securing timely access to competitively priced
pharmaceuticals and in supporting innovation and employment in the industry -- examine the
Australian provisions for extending the terms of eligible pharmaceutical patents -- Review Panel
issued a background paper, in November 2012, and a draft report in April 2013 -- submissions
invited to both reports and held hearings in February and May 2013 -- fifty one parties provided
submissions, and twelve parties provided further evidence in hearings -- several Commonwealth
departments provided oral advice to the Review Panel and its Secretariat -- final report was
presented to the Minister for Climate Change, Industry and Innovation, the Hon Greg Combet on
30 May 2013 but not released -- new government elected September 2013 had no plans to
respond to the report -- report publicly released 20 March 2014 – recommendations.
Subject: Patents--pharmaceutical industry--Australia
Subject: Patent extension--reviews--Australia
SNIPER No.: 2014/00505
Title: Philips: welcome to our gTLD
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 22-23.
Summary: Preview of the .philips domain from Ingrid Baele, vice-president at Philips intellectual
property & standards -- reasons for applying for the .philips generic top level domain (gTLD) -- new
business opportunities -- also applied for .philips in Chinese script -- launch date not yet known -no intention to set up different sub-domains -- how new gTLD will co-exist with current domain
name portfolio -- still not determined if .philips will ever replace philips.com -- marketing and
advertising the new gTLD -- whether consumers will be confused by .philips -- how Google will
handle the new gTLDs -- search engine optimisation.
Subject: Domain name registries
Subject: Brand management
SNIPER No.: 2014/00374
Author: Rimmer, Matthew
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Title: Plain packaging for the Pacific Rim: tobacco control and the Trans-Pacific Partnership
Source: Voon, Tania (ed.),Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 75-105.
Summary: Plain packaging of tobacco products -- tobacco companies likened to a violation of their
intellectual property rights -- High Court of Australia and the Tobacco Plain Packaging Act 2011
(Cth) -- the World Trade Organization (WTO) -- concerns that Big Tobacco is trying to use the
Trans-Pacific Partnership (TPP) to attack tobacco control measures -- Anti-Counterfeiting Trade
Agreement -- ongoing investment challenges -- Australian policy -- key chapter of the TPP relates
to investment -- Philip Morris a strong supporter of the inclusion of an investor-state dispute
resolution mechanism in the TPP -- New Zealand -- tobacco control -- public health concerns -United States trade representatives proposal on tobacco control -- United States congressman
Henry Waxman's critique -- further criticism of the tobacco control text.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
Subject: Trade dress
SNIPER No.: 2014/00254
Author: Clark, Birgit
Title: A polarizing tale: General Court decides in Polar Bear KNUT trade mark dispute
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 13-14.
Summary: The General Court of the European Union agreed with earlier decision and found in
favour of Berlin Zoo in likelihood of confusion case -- Knut IP Management Ltd v Office of
Harmonization for the Internal Market (OHIM), Zoologischer Garten Berlin -- Article 8(1)(b) of the
Community Trade Mark Regulation 207/2009 (CTMR) -- Knut the Berlin Zoo polar bear -- Knut
brand worth US$140 million in 2011 -- Knut IP Management Ltd applied to register word mark
KNUT-THE POLAR BEAR (translated) -- Berlin Zoo opposed application based on likelihood of
confusion with German word mark 'KNUD' which it held a licence for -- OHIM upheld opposition -analysis of General Court decision -- dispute a cautionary tale -- importance of taking trade mark
protection seriously from an early stage.
Subject: Confusing similarity--case law--Europe
Subject: Trade mark entitlement--case law--Europe
Subject: Branding--Europe
SNIPER No.: 2014/00416
Author: Llewellyn, Gavin
Title: The price of fame
Source: Intellectual Property Magazine. February 2014, p. 23.
Summary: Celebrities keen to obtain trade mark protection for their names and likenesses as
registered trade marks -- not always easy -- impossible to distinguish between authorised
memorabilia and unauthorised souvenirs -- many people's names considered by trade marks
registries as lacking enough distinctive character to serve as a badge of origin -- image rights have
become increasingly important -- trend has developed among celebrities to bring passing off or
false endorsement claims based on the goodwill and reputation associated with their sponsorship
and endorsement activities -- businesses need to be aware of the inherent risks they face if they
SNIPER Bulletin – April 2014
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use the names or images of well-known people in promoting their goods or services -- Fenty v
Arcadia Group Brands Ltd -- Rihanna succeeded in her passing off claim against Topshop.
Subject: Personality rights
Subject: Passing-off
SNIPER No.: 2014/00589
Author: Caenegem, William van, 1961Author: Cleary, Jen A.
Author: Drahos, Peter, 1955Title: Pride and profit: geographical indications as regional development tools in Australia
Source: Journal of Economic and Social Policy. Vol. 16 No. 1, Article 5 2014, pp. 1-8.
Summary: Geographical indications (GIs) in Australia -- European Union the dominant holder of
protected GIs -- used extensively and effectively in European Union (EU) countries as a rural and
regional development tool -- impact upon trade gains and losses -- legal protection for wine-related
GIs in Australia -- agreement with the EU -- suggests Australia consider a special regime for the
legal protection of GIs in relation to agricultural products and foodstuffs more generally -Australia's negative attitude towards GI protection in international trade negotiations -- challenges
and opportunities considering GI development in relation to Australia's regional, rural and remote
diversity.
Subject: Geographical indicators--Australia
Subject: Trade mark registrability--Australia
Subject: Alcohol marks
SNIPER No.: 2014/00329
Author: Seville, Catherine
Title: The principles of international intellectual property protection: from Paris to Marrakesh
Source: WIPO Journal. Vol. 5, No. 1, 2013, pp. 95-104.
Summary: Revisits historical intellectual property protection principles -- Paris Convention for the
Protection of Industrial Property (Paris Convention) -- can they be expressed in the current
international landscape -- Agreement on Trade-Related Aspects of Intellectual Property Rights (the
TRIPS Agreement) -- lack of harmonisation a problem in the global marketplace -- TRIPS and
beyond -- principles from opposition to breadth and balance -- desire to promote creativity by
protecting the works of the mind remains a fundamental principle -- remarks by Francis Gurry,
WIPO Director General in regards to the Marrakesh Treaty -- time of refining and reassessing
systems of intellectual property protection to make it fit for a global world -- "fair balance".
Subject: Intellectual property rights--treaties
Subject: Intellectual property rights--history
SNIPER No.: 2014/00501
Author: Powell, Vincent
Title: Progress on the trans-Tasman patent application regime
Source: Australian Intellectual Property Law Bulletin. Vol. 27 No. 1, January-February 2014, pp.
24-25.
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Summary: Single set of information can be filed online to create two applications (for Australia and
New Zealand) -- increased efficiencies to benefit examiners of New Zealand and IP Australia -- NZ
government approved the implementation of the single trans-Tasman patent application regime in
October 2013 -- two aspects "single application" and "single examination" -- inventive step not
examined in New Zealand patent applications -- system expected to be fully in place by 2017 -Australian IP Laws Amendment Bill lapsed due to the change in government in 2013.
Subject: Harmonisation of laws--Australia
Subject: Harmonisation of laws--New Zealand
SNIPER No.: 2014/00538
Author: Klinge, Ulla
Author: Farrington, Edward J.
Author: Frederiksen, Jakob Pade
Title: The proposed UPC regime explained
Source: Intellectual Asset Management. IP Value 2014, pp. 16-20.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: European Unified Patent Court (UPC) system -- strategies for patent creation and types
of patent protection -- enforcement strategies -- actions covered by UPC -- composition of the
courts -- languages -- timelines -- considerations for the parties -- patentees -- defendants -- risk
management strategies -- EPO opposition versus UPC nullity actions -- timing and scope -predictability of outcomes -- costs.
Subject: Unified Patent Court
Subject: Patent systems--Europe
Subject: Legal procedure--Europe
Subject: Patent litigation--Europe
SNIPER No.: 2014/00563
Author: Dereligil, Ersin
Title: Protecting and enforcing IP rights in Turkey
Source: Intellectual Asset Management. IP Value 2014, pp. 142-147.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Intellectual property protection and enforcement -- Turkey -- patent, trade mark and
design filing statistics, 2007-2012 -- IP legislation and international agreements -- litigation and
enforcement -- operation of Turkish Patent Institute (patent office) -- recent legislative and policy
developments.
Subject: Intellectual property systems--Turkey
Subject: Intellectual property law--Turkey
Subject: Intellectual property--policy--Turkey
SNIPER No.: 2014/00566
Author: Borges, Jessica
Title: Protecting digital literary works: a challenge for consumer rights
SNIPER Bulletin – April 2014
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Source: Intellectual Asset Management. IP Value 2014, pp. 158-161.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Copyright in digitised literary works -- Venezuela -- copyright legal framework -copyright disputes and digitisation -- analysis of current electronic copyright protections.
Subject: Electronic copyright--Venezuela
Subject: Literary works--law and legislation--Venezuela
SNIPER No.: 2014/00422
Author: Peyman, Maria-Christina
Title: Protecting farms' IP
Source: Intellectual Property Magazine. February 2014, pp. 37-38.
Summary: Farms diversifying into other areas -- intellectual property (IP) rights should be owned
by the farm -- elements of the business brand might have been created by a third party -- if the IP
rights are not assigned to the farm, they will be retained by the third party -- importance of ensuring
the ownership of IP rights brought to the fore by the Innocent Halo case -- success story in
diversification -- Yeo Valley -- brand protection prevents others seeking to piggy-back on the farm's
hard work and success -- involvement of other parties -- confidentiality agreements -- external
funding -- third party involvement in order to exploit the full potential of the diversified activity -- IP
rights as security -- drafting a licence.
Subject: Intellectual property--agriculture industry
Subject: Intellectual property assignment--agriculture industry
SNIPER No.: 2014/00539
Author: Leeming, John
Author: Jackson, Martin
Title: Protecting software and computer-related inventions in Europe
Source: Intellectual Asset Management. IP Value 2014, pp. 21-26.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Software patents -- Europe -- exclusions from patentability -- inventive step -- history of
exclusions under European Patent Convention (EPC) -- current European Patent Office (EPO)
approaches -- how software patents work in practice -- recent case examples -- SAP/Fulfilment
Coordination -- Network Appliance/Write Allocation -- Deutsche Börse/Contract -- Ricoh/Goods
Collection -- Microsoft/Bayesian Scoring Evaluation -- approaches of European national patent
offices -- approaches of international offices -- identifying patentable software inventions -- patent
application process -- enforcement.
Subject: Computer-related inventions--patentability--Europe
SNIPER No.: 2014/00467
Author: Xiong, Ping Sally
Author: Griffith, P. B. C. (Phillip B. C.)
Title: Protecting trade secrets in China: history and context
Source: Queen Mary Journal of Intellectual Property. Vol. 4 No. 1, February 2014, pp. 30-56.
SNIPER Bulletin – April 2014
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Summary: Development of laws concerning the protection of trade secrets in China -- historical
overview -- changes in the concept of property ownership in China at different stages -- Chinese
Law Against Unfair Competition -- influence of foreign sources -- WTO influence -- TRIPS
Agreement and US trade secrets law -- uncertain distinction between secrets seen as state
property and recognition of private civil commercial trade secrets.
Subject: Trade secrets--China
Subject: Trade secrets--history--China
SNIPER No.: 2014/00096
Author: Elings, G. Roxanne
Author: Keith, Lisa D.
Title: Protecting your brand from online counterfeiting: the rogue action
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 21-25.
Summary: Office of the United States Trade Representative forecasting that the volume of pirated
and counterfeit goods sold online will soon surpass that of gods sold by street vendors and in other
physical markets -- demands that rights holders have an online component as part of their overall
enforcement programme -- single-vendor or rogue websites -- The North Face Apparel Corp v
Fujian Sharing Import & Export Ltd -- set forth a roadmap to combat rogue websites -- best way to
curtail online counterfeiting is to target rogue websites en masse -- orders obtained in these
actions are against the counterfeiters -- they specifically direct third parties to take affirmative
action to withhold services to the offending websites -- Reebok International v Marnatech
Enterprises -- established the power of the courts to issue injunctions restraining assets without
notice -- continuing orders -- alternative solutions -- Uniform Domain Name Dispute Resolution
Policy (UDRP) -- government assistance.
Subject: Counterfeiting
Subject: Internet
Subject: Intellectual property enforcement
SNIPER No.: 2013/02765
Author: Klafkowska-Waśniowska, Katarzyna
Title: Public communication right: towards full harmonisation?
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 751-758.
Summary: Scope of public communication right as harmonised in EU law -- brief history of the
harmonisation of the public communication right -- public communication right encompasses a
wide range of technically different acts -- EU provisions in multiple copyright directives -- analysis
of the recent case law highlights the issues that remain unclear -- interpretation of the term "public
communication" -- further problems for interpretation by national courts -- SGAE case -- profitmaking nature linked to the role of the user -- not for profit as limitation of the public communication
right -- "new public" element.
Subject: Copyright--law and legislation--Europe
Subject: Neighbouring rights--case law--Europe
Subject: Television broadcasts--law and legislation--Europe
SNIPER No.: 2014/00531
Author: Terroir, Patrick
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Title: Rebalancing the patent economy
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 71-79.
Summary: Patent system unbalanced -- infringement and litigation have become only options -small players disadvantaged -- need for an innovation marketplace that enables small and medium
enterprises (SMEs) -- current market failures -- protection and exchange as twin pillars of market
economies -- how true patent licensing markets can be built -- different types of markets -- patent
mass market -- over-the-counter market for specific patents -- challenges to building a true market
-- supply and quality -- sources of demand -- pricing and valuation -- risk of a patent bubble.
Subject: Small and medium enterprises
Subject: Market reform
Subject: Patent licensing
Subject: Patent systems
SNIPER No.: 2014/00574
Author: Czarnocki, Sophia
Title: Reconciling repair and construction of patented articles in the US, UK, Germany and South
Africa
Source: South African Intellectual Property Law Journal. Vol. 1 2013, pp. 86-110.
Summary: Comparative study of the doctrine of repair and reconstruction in the United States of
America (USA), Germany, the United Kingdom (UK) and South Africa -- overview of the origin,
rationale and nature of the right to repair -- review foreign case law on the repair and
reconstruction doctrine -- critically analyses the tests courts have both adopted and rejected -German case Laufkranz -- United States case Wilson v Simpson and Dana Corporation v
American Precision Co -- United Kingdom case Schütz v Werit -- South African case Dana
Corporation v Rhobrake -- repair versus reconstruction -- balance between intellectual property
and unlawful competition.
Subject: Patent infringement
Subject: Spare parts--case law--Germany
Subject: Spare parts--case law--South Africa
Subject: Spare parts--case law--United Kingdom
Subject: Spare parts--case law--United States
SNIPER No.: 2014/00597
Author: Oliveira-Martins, Joaquim
Author: Maguire, Karen
Author: Ajmone Marsan, Guilia
Author: Nauwelaers, Claire
Author: Thoma, Grid
Author: Trippl, Michaela
Added author: Organisation for Economic Co-operation and Development
Title: Regions and innovation: collaborating across borders
Source: Regions and Innovation: Collaborating Across borders. 26 November 2013.
SNIPER Bulletin – April 2014
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Summary: Cross-border collaboration and innovation -- innovating beyond borders -- governing
cross-border collaboration -- making cross-border instruments work -- assessing cross-border
opportunities -- case studies of cross-border areas -- Bothnian Arc (Finland-Sweden) -- HedmarkDalarna (Norway-Sweden) -- Helsinki-Tallinn (Finland-Estonia) -- Ireland-Northern Ireland (United
Kingdom) -- Oresund (Denmark-Sweden) -- Top Technology Region/Eindhoven-Leuven-Aachen
Triangle (TTR-ELAt) (Netherlands-Belgium-Germany).
Subject: Business collaboration--policy
Subject: Innovation (Technological)--policy
SNIPER No.: 2014/00366
Author: Singh, Prithipal
Author: Shah, Faizal
Title: Regis saga comes to an end in Singapore: trademark law clarified
Source: Asia IP: Protecting your Intellectual Assets. Vol. 6 No. 1, December 2013-January 2014,
pp. 52-54.
Summary: Singapore Court of Appeal decision in Staywell Hospitality Group v. Starwood Hotels &
Resorts Worldwide -- whether likelihood of confusion -- whether goodwill in the opponents' hotel in
Singapore for the purpose of an opposition -- "Park Regis" and "St. Regis" marks -- step by step
approach applied by the Court -- systematically assess requirements of similarity of marks,
similarity of goods or services, and likelihood of confusion arising from the two similarities -clarified principles applicable in opposition proceedings and infringement actions.
Subject: Confusing similarity--case law--Singapore
Subject: Trade mark distinctiveness--case law—Singapore
SNIPER No.: 2014/00487
Author: Association Littéraire et Artistique Internationale
Title: Report and Opinion on the making available and communication to the public in the internet
environment: focus on linking techniques on the internet
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 149-154.
Summary: Association Littéraire et Artistique International (ALAI) -- result of the study group
formed with the mandate to ’n’lyse the ramifications regarding linking measures -- ALAI Report and
Opinion -- communication to the public -- making available to the public -- definition of "public" -different types of links -- hypertext links and inline links -- links falling within the framework of
copyright uses.
Subject: Electronic copyright--Europe
Subject: Internet
Subject: Copyright--law and legislation--Europe
SNIPER No.: 2014/00544
Author: Rethinam, Vishnu
Title: Repurposing content and copyright: bouquets that become brickbats
Source: Intellectual Asset Management. IP Value 2014, pp. 48-52.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
SNIPER Bulletin – April 2014
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Summary: Repurposing of copyright materials -- third party copyrights -- originality, fair use and
transformative use -- infringement -- news aggregators -- Agence France Presse v. Google Inc. -Newspaper Licensing Agency Ltd. v. Meltwater Holdings BV -- Kelly v. Arriba Soft Corp. -- hot
news -- NBA v. Motorola -- Barclays Capital Inc. v. TheFlyOnTheWall.com -- Star India Pvt Ltd. v.
Piyush Agarwal -- terms of service -- Agence France Presse v. Morel -- no uniform legal framework
for content repurposing.
Subject: Copyright infringement--case law
Subject: Electronic copyright--case law
Subject: User-generated content--case law
Subject: Internet--case law
SNIPER No.: 2014/00098
Author: Abrahams, Charlie
Title: Return on investment: proving that protection pays
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 33-37.
Summary: Internet has become a vital route to market -- massive amount of potential business is
being siphoned away from rights holders by brandjackers -- businesses have sought to defend
themselves by employing a variety of techniques and solutions to strengthen online brand
protection -- 'hard' and 'soft' benefits of brand protection programmes -- measureable returns of
online brand protection programme -- returned traffic -- substitute sales -- customer service savings
-- optimised online marketing spend.
Subject: Intellectual property enforcement
Subject: Brand management
Subject: Electronic commerce
SNIPER No.: 2014/00333
Author: Oldham, Paul D.
Author: Barnes, Colin
Author: Hall, Stephen
Added author: UK Intellectual Property Office
Added author: Great Britain. Department for Environment, Food and Rural Affairs
Added author: One World Analytics
Title: A review of UK patent activity for genetic resources and associated traditional knowledge
Source: Review of UK Patent Activity for Genetic Resources and Associated Traditional
Knowledge. 2013.
General Note: One World Analytics Report presents the results of independent research
commissioned by the United Kingdom Intellectual Property Office (UKIPO) and the Department for
Environment, Food and Rural Affairs (DEFRA).
Summary: Status and trends in UK patent activity -- India -- Brazil -- China -- traditional knowledge
-- marine genetic resources -- Antarctica -- aim of the research was to assess the potential impacts
of the Nagoya Protocol on access to genetic resources -- fair and equitable sharing of benefits
arising from their utilisation upon UK companies and the research organisations who are active in
the patent system -- identifies the geographical distribution of species appearing in UK patenting
activity.
SNIPER Bulletin – April 2014
Page 63 of 92
Subject: Benefit sharing--treaties
Subject: Traditional knowledge
Subject: Patents--statistics
SNIPER No.: 2014/00497
Author: Cameron, Benjamin
Author: Andrews, Shalom
Title: The right of publicity
Source: Australian Intellectual Property Law Bulletin. Vol. 27 No. 1, January-February 2014, pp. 38.
Summary: Tips for Australian lawyers -- possible need to consider United States "publicity rights"
if client exports goods and or services featuring the likeness or name of a celebrity -- red flags -United States law -- right of publicity recognised in 33 US states as of 2012 -- unique proprietary
right -- rights after death -- celebrity imitations -- personal jurisdiction over non-US entities -- tests -case study: Personal jurisdiction and Australia - Virgin Mobile Pty Ltd -- photo of a non-celebrity
minor from Texas used in advertising without the child's knowledge -- outcome -- lessons -- federal
jurisdiction.
Subject: Personality rights
Subject: Legal jurisdiction
SNIPER No.: 2014/00460
Author: Novoselova, Lyudmila
Title: Russia's new IP court
Source: WIPO Magazine. No. 1, February 2014, pp. 26-27.
Summary: Establishing a specialised intellectual property court in the Russian Federation -- a
significant milestone in the history of IP protection in that Russia -- enables more efficient handling
of the growing number of lawsuits related to IP -- court of first instance -- court of cassation -access to specialist knowledge -- number of cases handled -- government's commitment to
strengthening the national framework for IP protection -- boosting business confidence -supporting economic growth.
Subject: Intellectual property systems--Russia
Subject: Intellectual property law--Russia
SNIPER No.: 2014/00579
Author: United Nations. System Task Team
Added author: International Atomic Energy Agency
Added author: International Telecommunications Union
Added author: UNESCO
Added author: United Nations. Office for Outer Space Affairs
Added author: World Intellectual Property Organization
Title: Science, technology and innovation and intellectual property rights: the vision for
development
SNIPER Bulletin – April 2014
Page 64 of 92
Source: Science, Technology and Innovation and Intellectual Property Rights: the Vision for
Development. May 2012.
General Note: "UN System Task Team on the Post-2015 UN Development Agenda" -- Cover.
General Note: "Thematic Think Piece", IAEA, ITU, UNESCO, UNOOSA, WIPO.
Summary: Creation of growth and sustainable economies -- harness the power of knowledge,
innovation and creativity -- strengthening the connection between science and society -- why this
should be part of the global development agenda -- global growth -- food security -- public health -environment and climate change -- disaster risk reduction -- ways to include science, technology
and intellectual property -- increase development driven scientific research -- support regulatory
reform -- role of intellectual property in particular the patents system in relation to health-related
development objectives as an incentive for innovation in the pharmaceutical field -- poorly
constructed IP systems with an inappropriate balance between innovation and access -- creating a
sustainable culture.
Subject: Economic development
Subject: Innovation (Technological)
SNIPER No.: 2014/00546
Author: Lange, Peter de
Title: Securing evidence across borders in EU patent litigation
Source: Intellectual Asset Management. IP Value 2014, pp. 57-61.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Cross-border evidence in patent infringement cases -- Europe -- effects of European
Enforcement Directive -- Synthon v. Astellas -- Rhodia v. VAT -- possible conflict with European
Evidence Regulation -- Heidelberg v. Bobst -- whether the Evidence Regulation provides a solution
-- securing evidence worldwide -- TRIPS evidence measures.
Subject: European Parliament. Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual property rights
Subject: European Parliament. Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation
between the courts of the Member States in the taking of evidence in civil or commercial matters
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
Subject: Patent infringement
Subject: Evidence
SNIPER No.: 2014/00564
Author: James, Will
Author: Jensen, William
Author: Ford, Esther
Title: Selected UK IP highlights for 2013
Source: Intellectual Asset Management. IP Value 2014, pp. 148-152.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Intellectual property developments in 2013 -- United Kingdom -- tax reductions and the
Patent Box scheme -- progress of new IP Bill -- patents -- Supreme Court decisions -- replacement
parts -- Schütz v. Werit -- damages -- Virgin Atlantic v. Zodiac -- software patents and smartphones
-- HTC v. Apple -- HTC v. Gemalto -- Lantana Ltd's Application -- Samsung v. Apple -- life sciences
SNIPER Bulletin – April 2014
Page 65 of 92
-- foreign declarations of non-infringement -- Actavis v. Eli Lilly -- injunction pending appeal on
patent found invalid at first instance -- Novartis v. Hospira -- injunction when party refuses to
confirm intentions -- Merck v. Teva -- antibodies -- Regeneron v. Genentech -- renaming of Patents
County Court to Intellectual Property Enterprise Court -- trade marks -- Interflora v. Marks &
Spencer -- Interflora II v. Zeebox -- Cosmetic Warriors v. Amazon.co.uk -- copyright -- copyright in
software and computer languages -- SAS Institute v. World Programming Limited -- internet
copyright -- NLA v. Meltwater.
Subject: Intellectual property--trends--United Kingdom
Subject: Intellectual property law--United Kingdom
Subject: Intellectual property--case law--United Kingdom
SNIPER No.: 2013/02807
Author: Rana, Lucy
Title: Sensitive names: the saga of .ram and gTLDs
Source: World Intellectual Property Review. September-October 2013, pp. 40-41.
General Note: Forms part of: India Focus.
Summary: Objection by India to the registration of '.ram' as a generic top-level domain -homonym for the Hindu god, Lord Rama (also Ram) -- could be used in the creation of offensive
domain names -- ICAAN's new gTLD program -- Governmental Advisory Committee (GAC) Early
Warning notice filed in November 2012 regarding the .ram domain -- background of .ram gTLD -car manufacturer Chrysler Group sells trucks under the brand name "Ram" -- remedies --Chrysler
has shown willingness to settle the matter.
Subject: Domain names--India
Subject: Domain name registration--India
Subject: Domain name dispute resolution--India
SNIPER No.: 2014/00376
Author: Kotlowitz, Danny
Author: Voon, Tania
Title: Services in the TPP: a case study of telecommunications
Source: Voon, Tania (ed.),Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 131-155.
Summary: Trans-Pacific Partnership (TPP) negotiations within the context of other developments
concerning the international regulation of telecommunications services -- reflect on the plurilateral
services negotiations -- revised International Telecommunications Regulations -- opportunity
presented by the TPP -- ambitious trade negotiations to create a new breed of telecommunications
chapter in PTAs -- critique of the suggestion that the TPP might be used to address international
mobile roaming charges through plurilaterally agreed regulations.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
Subject: Communication services industry
SNIPER No.: 2013/02812
SNIPER Bulletin – April 2014
Page 66 of 92
Author: Close, Brad
Title: A shield and a sword: developing a successful patent strategy
Source: World Intellectual Property Review. September-October 2013, pp. 56-58.
Summary: One-size-fits-all legal right -- common big company solution in the latter part of the 20th
century was broadly cross-license portfolios -- patents obtained in bulk then cross-licensed rather
than enforced -- gain a competitive advantage -- monetisation -- by definition, patents are a form of
legal monopoly -- minimising potential for litigation when selling patents.
Subject: Intellectual property management
Subject: Patent licensing
SNIPER No.: 2014/00288
Author: Friedmann, Danny
Title: Sinking the safe harbour with the legal certainty of strict liability in sight
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 148155.
Summary: Safe harbour provisions and enforcing intellectual property rights -- inadequacy of safe
harbour provisions to address the requirements of online service providers (OSPs), proprietors and
internet users -- major legislation drafted at a time when electronic commerce was in its infancy -requirements that OSPs must meet to be eligible for safe harbour provisions -- safe harbour
provisions offer legal uncertainty for proprietors and no safety for OSPs -- direct infringers difficult
to trace -- proprietors end up filing law suits against OSPs -- OSPs can be accused of wilful
ignorance and on the other hand can resort to removing content unnecessarily -- neutral hosting or
activist -- thoughts on duty of care -- views on monitoring obligations -- implications of attaching
strict liability to OSPs.
Subject: Carriage service providers--liability
Subject: Intellectual property infringement--Information technology industry
Subject: Electronic commerce
SNIPER No.: 2014/00289
Author: Fröhlich, Michael
Title: The smartphone patent wars saga: availability of injunctive relief for standard essential
patents
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 156159.
Summary: Holders of standard essential patents (SEPs) with a FRAND commitment are finding
that attempts to obtain injunctions are being increasingly challenged by various developments in
major standard-setting organizations (SSOs), competition authorities and courts -- "fair,
reasonable, and non-discriminatory" (FRAND) terms -- the wireless telecommunications industry -the nature of SEPs -- some stakeholders feel that by committing to FRAND injunctions should be
banned -- most argue that a blanket ban on injunctions in such circumstances is unfair -- some
limitation on holders of a FRAND-committed SEP to obtain injunctions seems to be a trend but the
conditions vary between jurisdictions worldwide -- situation in various countries -- working towards
an industry-led resolution -- meetings between stakeholders worldwide -- impact on IP strategy.
Subject: Standards (Technical)
Subject: Patent licensing--Communication services industry
SNIPER Bulletin – April 2014
Page 67 of 92
Subject: Injunctions
SNIPER No.: 2014/00511
Title: Snapshot: backupify
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, p. 42
Summary: Backupify -- cloud-to-cloud backup provider -- offers backup and recovery solutions for
software as a service (SaaS) -- allows IP departments to maintain control over company data by
providing a secure second copy readily available -- how it works -- kinds of companies that will
benefit from it -- how the Backupify brand is promoted online and in social media -- IP protection -challenge in protecting their logo -- Backupify imitators.
Subject: Branding
Subject: Marketing
SNIPER No.: 2014/00495
Author: Bicknell, Paul
Title: Société des Produits Nestlé SA v Cadbury UK Ltd: single colour marks predominantly
applied to the whole visible surface of the goods
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 200-202.
Summary: Société des Produits Nestlé SA v Cadbury UK Ltd -- High Court and Court of Appeal
decisions -- single colour marks -- colour marks can take on a number of visual forms -- mark must
be clear, precise, self-contained, easily accessible and intelligible – mark’s description -Sieckmann criteria -- capable of being represented graphically.
Subject: Colour marks--case law--Europe
Subject: Trade mark validity--case law--Europe
Subject: Confusing similarity
SNIPER No.: 2014/00377
Author: Mitchell, Andrew D., 1974Author: Munro, James
Title: State-state dispute settlement under the Tran-Pacific Partnership Agreement
Source: Voon, Tania (ed.),Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K. : Edward Elgar, 2014. pp. 156-178.
Summary: Preferential trade agreements (PTAs) -- overlapping treaties and dispute settlement
mechanisms -- conflict of norms -- conflict of jurisdiction -- rules of interpretation -- evaluating past
practice of Trans-Pacific Partnership (TPP) parties -- harmonisation through precedent -- consider
how a new dispute settlement mechanism in the TPP for resolving TPP-related disputes among
TPP partners would relate to existing dispute settlement fora under PTAs and the World Trade
Organization (WTO) -- rules regarding treaty interpretation and conflicts of norms or jurisdiction
under public international law.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Free trade--Pacific Area
Subject: International trade--treaties
Subject: Dispute resolution--treaties
SNIPER Bulletin – April 2014
Page 68 of 92
Subject: International law
SNIPER No.: 2014/00263
Author: Leistner, Matthias
Title: Structural aspects of secondary (provider) liability in Europe
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 1, January 2014, pp. 75-90.
Summary: Aim to find common rules or principles of secondary liability for the infringement of
intellectual property rights (IPRs) in Europe -- framework of European law concerning indirect
liability -- contributory liability, the Enforcement Directive and the Information Society Directive -liability of internet service providers (ISPs) under the E-Commerce Directive -- technological
protection measures (TPMs) and digital rights management information (DRM) in the Information
Society Directive -- case studies -- Germany -- United Kingdom -- France -- a review of various
European Member States' laws shows significant variation.
Subject: Intellectual property infringement--liability--Europe
Subject: Intellectual property law--harmonisation--Europe
SNIPER No.: 2014/00536
Author: Wild, Joff
Title: Studies reveal the true economic value of IP
Source: Intellectual Asset Management. IP Value 2014, pp. 8-9.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Value of intellectual properties to national economies -- United States perspectives -USPTO and ESA report, Intellectual Property and the US Economy -- European perspectives -EPO and OHIM report, Intellectual Property: Contribution to Economic Performance and
Employment in the European Union -- rise of community scepticism towards IP -- IP as a source of
economic growth and employment.
Subject: Economic policy
Subject: Economic development
Subject: Value of intellectual property
Subject: Intellectual property--social aspects
SNIPER No.: 2014/00489
Author: Gielen, Charles, 1947Title: Substantial value rule: how it came into being and why it should be abolished
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 164-169.
Summary: Refusal of protection of shape marks which gives substantial value to the goods -substantial value exception history -- shape mark -- EU trade mark law -- art.3(1)(e) Trade Marks
Harmonisation Directive -- Community Trade Mark Regulation -- rule results in a lot of uncertainty - Prejudicial questions are pending before the Court of Justice of the EU asking for clarification -Max Planck Study -- rule continues to appear in the latest proposals for the revision of the EU trade
mark system.
Subject: Community trade mark
Subject: Shape marks--registrability--Europe
SNIPER Bulletin – April 2014
Page 69 of 92
Subject: Trade mark registrability--law and legislation--Europe
SNIPER No.: 2014/00457
Author: Vézina, Brigitte
Author: Nicholas, George
Title: Supporting indigenous communities at the grassroots
Source: WIPO Magazine. No. 1, February 2014, pp. 12-15.
Summary: International recognitions of indigenous concerns -- bridging the gaps in IP law: an
ongoing endeavour -- finding common ground in a complex landscape -- the WIPO Creative
Heritage Project -- IP tools and services for indigenous peoples -- WIPO's Creative Heritage
Training Program on Cultural Documentation and IP Management -- practical licensing tools -building networks.
Subject: Traditional knowledge
Subject: Indigenous issues in intellectual property
SNIPER No.: 2014/00283
Author: Moss, Gary
Title: The Supreme Court in Virgin v Zodiac: whither the fat lady?
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 110117.
Summary: Unsuccessful defendant in patent action can raise a later find of invalidity of the patent
as a defence in a damages proceedings from the first decision -Virgin Atlantic Airways Limited v Zodiac Seats -- res judicata -- decision in Virgin v Zodiac -- some
see the decision as a long overdue change to an existing law -- possible problems associated with
the decision -- possible consequences in the United Kingdom and in Europe.
Subject: Patent validity--case law--United Kingdom
Subject: Patent validity--law and legislation--Europe
Subject: Legal procedure--United Kingdom
Subject: Damages
SNIPER No.: 2014/00507
Title: A sweet solution?: donuts and trademarks
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 28- 30.
Summary: New generic top-level domains (gTLDs) being introduced -- registry operator Donuts
has launched a tool to ensure intellectual property rights are protected in the new system -Domains Protected Marks List (DPML) allows brands to proactively block domain names being
registered across all Donut-operated gTLDs -- interview with Bob Samuelson, vice-president of
sales and marketing at Donut -- level of interest in DPML -- how the process works -- benefits to
rights owners.
Subject: Trade mark owners' rights
Subject: Domain name registries
Subject: Brand management
SNIPER Bulletin – April 2014
Page 70 of 92
SNIPER No.: 2014/00527
Author: Lee, Steve S.
Title: A tale of two patent battles: key lessons on IP and business strategy
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 37-43.
Summary: Intellectual property strategy as a key element of business competitiveness -leveraging IP to achieve corporate outcomes -- fundamental goals of IP acquisition -- Yahoo! v.
Facebook -- infringement suit over social media and online advertising patents (software patents) -litigation strategically launched just prior to Facebook public listing -- Broadcom v. Qualcomm -infringement suit over computer hardware -- technology direction and degree of overlap -- IP
battles considered inevitable in a large and converging marketplace -- back-to-business strategy
and IP.
Subject: Business planning
Subject: Business intelligence
Subject: Intellectual property management
SNIPER No.: 2013/02811
Author: Vassiliades, Christodoulos G.
Title: Tax breaks: IP incentives in Cyprus
Source: World Intellectual Property Review. September-October 2013, p. 55.
Summary: Intellectual property legislation in Cyprus widely developed in the past twenty years -protection of intellectual property divided into two categories -- copyright and industrial property -trade marks law cap 268 -- patens law -- design registrability -- tax reforms.
Subject: Intellectual property rights--Cyprus
Subject: Intellectual property law--Cyprus
SNIPER No.: 2014/00524
Title: They made the big IP news in a very busy year...
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 4, 6.
Summary: Intellectual property personalities making news in 2013 -- Conversant (formerly
MOSAID), Ottawa-based non-practising entity (NPE) -- Bob Goodlatte, sponsor of US Innovation
Act (anti-patent troll legislation) -- Horacio Gutierrez, Director of Microsoft's IP group -- Anthony
Hayes, CEO of Spherix, Virginia-based NPE -- Hon Hai (Foxconn), manufacturer of high-end
smartphones and components, and large related patent portfolio -- Intellectual Ventures, Seattlebased NPE -- Michelle Lee, Deputy Director, United States Patent and Trademark Office (USPTO)
-- sovereign patent funds (supported by national governments) -- Erich Spangenberg, CEO of IP
Navigation (IPNav), multinational NPE -- John Veschi, CEO of Rockstar, North American-based
NPE.
Subject: Intellectual property industry
SNIPER No.: 2014/00503
Title: 'Tis the season: Christmas campaigns
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 17-19.
SNIPER Bulletin – April 2014
Page 71 of 92
Summary: Big brands taking advantage of their Christmas advertisement launches as a marketing
push to mark the start of the festive season -- Christmas advertising has become more of an event
-- licensing difficulties from putting together so many different elements in a single production -example of UK department store John Lewis's The Bear and the Hare campaign -- clip on
YouTube, TV campaign, merchandise, music -- IP issues -- social media -- measuring success -comfort marketing -- most successful campaigns appear to be telling a story.
Subject: Branding
Subject: Marketing
SNIPER No.: 2014/00373
Author: Weatherall, Kimberlee
Title: The TPP as a case study of changing dynamics for international intellectual property
negotiations
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 50-74.
Summary: Implications of the Trans-Pacific Partnership (TPP) on intellectual property -- divergent
interests -- the United States’ ambitions -- regional inspirations and regional competition -- new
hostility in the public policy environment -- increased complexity and an uncertain multilateral future
-- intellectual property a fixture of comprehensive 21st century trade negotiations.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Intellectual property--treaties
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER No.: 2014/00284
Author: Tsoutsanis, Alexander, 1976Title: Trade mark applications in bad faith: righting wrong in Denmark and why the Benelux is next
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 118124.
Summary: European trade mark law and trade marks filed in 'bad faith' -- emergence of the
concept of 'bad faith' -- Goldhase -- manufacturers dispute over the shape of a chocolate Easter
bunny -- Malaysia Dairy case -- Yakult -- shape mark -- historical background of the Danish
legislation -- Court of Justice of the European Union (CJEU) and Malaysia Dairy -- impact on
Denmark -- The Benelux and a tradition of curbing bad faith trade mark applications -- Trade Mark
Directive and its impact on national trade mark laws.
Subject: Trade mark entitlement--case law--Europe
Subject: Trade mark ownership--case law--Europe
SNIPER No.: 2014/00519
Author: Horton, Audrey
Author: Brownlow, Peter
Title: Trade mark infringement by keyword advertising and online search results
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 44-45.
SNIPER Bulletin – April 2014
Page 72 of 92
Summary: English High Court decision in Lush v Amazon -- extent to which online retailers can
use trade marks to generate sponsored advertisements within search engine results directing
consumers to products not originating from the trade mark owner -- facts of the case -- internet
advertising and bidding on keywords via Google AdWords -- searches using Amazon's own search
engine -- trade mark infringement established.
Subject: Keyword advertising--case law--United Kingdom
Subject: Trade mark infringement--case law--United Kingdom
SNIPER No.: 2014/00405
Author: Coelho, Luiza Tangari
Title: Trade marks and national flora: an analysis of EU law concerning the possibility of
registering names of plants as trade marks
Source: Intellectual Property Quarterly. No. 1, 2014, pp. 72-94.
Summary: Registration of the name of a plant as a trade mark in relation to the plant itself or a
related product grants a monopoly on the name to one specific trader -- leads to problems for
competing traders -- prevents them from exporting or marketing the goods -- restricts supply and
effective price competition -- to mitigate such uncompetitive practices, the interpretation of the
requirements for registration of trade marks should be reviewed -- adapted to reflect the current
use and marketing of plants -- to prevent the registration of plants' names as trade marks
regardless of the familiarity of those names to consumers.
Subject: Trade mark distinctiveness
Subject: Plant marks
Subject: Plant breeder's rights
Subject: Trade mark registration
SNIPER No.: 2014/00542
Author: Sammon, Matthew
Title: Trademarks and the internet
Source: Intellectual Asset Management. IP Value 2014, pp. 37-41.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Trade marks on the internet -- jurisdiction of web-based services -- search engine
optimisation -- domain name registration and management -- social media -- online marketplaces -digital monitoring -- developing online management and enforcement strategies.
Subject: Electronic commerce
Subject: Trade marks
Subject: Domain names
Subject: Internet
Subject: Intellectual property management
SNIPER No.: 2014/00440
Author: Hinchliffe, Sarah
Title: Trademarks, GIs and commercial aspects of wine distribution agreements
SNIPER Bulletin – April 2014
Page 73 of 92
Source: Trademarks, GIs and Commercial Aspects of Wine Distribution Agreements. 03 March
2014.
General Note: Published on Social Science Research Network (SSRN).
General Note: Forthcoming in Journal of Food Law and Policy.
Summary: Origin of the term geographical indication (GI) -- scope and shape of the geographical
indication system -- impact on international trade -- impact on intellectual property -- impact on
agricultural policy -- commercial facets of wine distribution agreements -- Old World and New
World (which includes Australia) member states -- protecting tradition -- global institutionalisation of
wine GIs -- barriers to trade for the New World -- government subsidies -- non-tariff barriers focus
of attention for Australian wine industry -- licensing regulations -- marketing regulations in relation
to non-EU wines -- regulations on oenological practices -- EC-Australia Wine Agreement -overview of wine distribution and commercial considerations.
Subject: Geographical indicators--agriculture industry
Subject: Alcohol marks
SNIPER No.: 2014/00337
Author: De Beer, Jeremy, 1975Author: Burri, Mira
Title: Transatlantic copyright comparisons: making available via hyperlinks in the European Union
and Canada
Source: European Intellectual Property Review. Vol. 36 No. 2, 2014, pp. 95-105.
Summary: Comparative analysis of recent Canadian and European Union (EU) copyright cases -nature and scope of communication rights, as applied to the issue of copyright liability for
hyperlinking -- WIPO Copyright Treaty (WCT) -- WIPO Performances and Phonograms Treaty
(WPPT) -- WIPO Internet Treaties' making available provisions -- origins and contents of the
provisions -- basic structure and flexibility -- contextualise the evolution of the copyright regime -struggle to cope with the digital challenge -- legislative revisions to Canada's copyright statute -recent developments in the EU.
Subject: Copyright--law and legislation--Europe
Subject: Copyright--law and legislation--Canada
Subject: Copyright--communication services industry
SNIPER No.: 2014/00372
Author: Lewis, Meredith Kolsky
Title: The Trans-Pacific Partnership Agreement and development
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 28-49.
Summary: Relationship between the Trans-Pacific Partnership (TPP) and development -- unusual
diversity of its parties -- breadth of coverage -- differences in bargaining structures that may
weaken the negotiating strength of developing countries in bilateral and plurilateral trade
negotiations and environments -- preferential trade agreements (PTAs) -- role of World Trade
Organization (WTO) -- developing country participation -- special and differential treatment in the
GATT -- balancing needs of the developed and developing countries -- negotiating within the WTO
versus negotiating free trade agreements.
Subject: Draft Trans-Pacific Partnership Agreement
SNIPER Bulletin – April 2014
Page 74 of 92
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER No.: 2014/00439
Author: Polanco, Rodrigo
Title: The Trans-Pacific Partnership Agreement and regulatory coherence
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 231-261.
Summary: Achieving regulatory coherence through the Trans-Pacific Partnership (TPP)
negotiations -- dedicated chapter of the agreement designed to enhance transparency and
coherence of regulations both within and between TPP partners -- approaches to the concept of
regulatory coherence adopted in other institutions such as the Organisation for Economic Cooperation and Development (OECD) -- brief history of regulatory coherence -- fostering
communication and reducing regulatory burdens -- OECD regulatory coherence and public policy -the APEC-OECD checklist -- regulatory coherence and international trade -- border measures -behind-the-borders measures -- securing global supply chains -- regulation of core good regulatory
practices -- dispute settlement -- problems of regulatory sovereignty, control of state obligations
and implementation.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Trade regulation--treaties
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER No.: 2014/00379
Author: Meltzer, Joshua P.
Title: The Trans-Pacific Partnership Agreement, the environment and climate change
Source: Voon, Tania (ed.), Trade liberalisation and international co-operation: a legal analysis of
the Trans-Pacific Partnership Agreement. Cheltenham, U.K.: Edward Elgar, 2014. pp. 207-230.
Summary: Public policy, trade and investment -- Tran-Pacific Partnership (TPP) Agreements'
significance for the environment and climate change -- power of the United States in the TPP
negotiations -- details examination of the U.S. approach to the environment in it's existing
preferential trade agreement (PTA) -- two specific environmental problems that may need to be
addressed in the TPP -- trade in illegally harvested timber -- fisheries subsidies -- trade in
environmental goods affected by the potential tariff cuts and reduction in non-tariff barriers to be
offered in the TPP -- highlights the potential positive impact of the TPP on the environment.
Subject: Draft Trans-Pacific Partnership Agreement
Subject: Environmental issues in intellectual property
Subject: Free trade--Pacific Area
Subject: International trade--treaties
SNIPER No.: 2014/00285
Author: Spillmann, Adrian
Title: Transparency obligation for holders of EU IP assets in the pharmaceutical industry
SNIPER Bulletin – April 2014
Page 75 of 92
Source: Journal of Intellectual Property Law and Practice. Vol. 9 No. 2, February 2014, pp. 125132.
Summary: AstraZeneca v Commission -- decision of the Court of Justice of the European Union
(CJEU) -- impact on holders of European Union IP assets in the pharmaceutical sector -- confusion
on the application of the case to other situations -- background to the case -- AstraZeneca's
argument -- The Commission's argument -- The court's finding -- application of case to patent
practitioners -- Xalatan case in Italy -- IP procurement practitioner and IP life cycle strategy -European Union competition law and the IP pharma practitioner.
Subject: Competition (Economics)--case law--Europe
Subject: Competition (Economics)--pharmaceutical industry--Europe
SNIPER No.: 2014/00421
Author: Fearon, Graeme
Title: Trends in food brands
Source: Intellectual Property Magazine. February 2014, p. 36.
Summary: Key trends in brands -- bridge brands -- seem immune to economic conditions and
manage to grow sales regardless of a recession -- in affluent economies food has become a
lifestyle and leisure purchase -- historical reluctance of food to adopt mainstream branding -schemes which protect broad categories of food rather than individual products -- rise of branded
commodity foods -- modern brands are primarily
guarantees of origin -- should be as attractive to growers and producers as to processors -- partly
explained by the relatively small size of many producers in the United Kingdom -- move away from
small-scale production is partly driving the increase in food brands -- increasing awareness and
acceptance of intellectual property (IP) rights in foodstuffs -- move toward branding of even
commodity foods -- even unprocessed foods like fruits and vegetables are routinely branded -branded apples -- clear commercial imperative to protect this investment in research and
development -- protect profits and market share.
Subject: Branding--trends
Subject: Branding--agriculture industry
SNIPER No.: 2014/00525
Author: Gonsalves, Gregory J.
Author: Beckett, T. C.
Author: Leff, Barry
Title: Trends in inter partes review and covered business method review
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 20-27.
Summary: Post-grant patent review -- United States -- America Invents Act designed to counter
patent trolls, but mostly being used against operating companies -- introduction of new inter partes
and covered business method review procedures by Patent Trial and Appeal Board (PTAB) -- early
petitions from November 2012 to November 2013 -- analysis of inter partes reviews -- analysis of
covered business method patent reviews -- motivation for filing inter partes reviews -- classes of
patent owners and technologies targeted by inter partes reviews -- need for future research -unintended consequences of America Invents legislative reform.
Subject: United States. Leahy-Smith America Invents Act
Subject: Patent validity--procedure--United States
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Subject: Patent validity--statistics--United States
Subject: Business methods--procedure--United States
Subject: Business methods--statistics--United States
SNIPER No.: 2014/00401
Author: Aktekin, Uǧur
Author: Hançer, Hande
Title: Turkish courts offer hope on bad faith applications
Source: Managing Intellectual Property. No. 234, November 2013, pp. 116-117.
Summary: Turkish Court of Appeal -- upheld decision of a Turkish court to cancel at trade mark
registration in the name of a Turkish company on the grounds that it was made in bad faith and to
award damages to the complainant -- Chinese motorbike manufacturer, became aware of an illicit
registration of its Regal Raptor Pagsta Dadyw trade mark in Turkey.
Subject: Trade mark ownership--case law--Turkey
SNIPER No.: 2013/02809
Author: S., Afsar
Author: Japhet, Chinthan
Title: Two lines of attack: protecting semiconductors in India
Source: World Intellectual Property Review. September-October 2013, pp. 48-49.
General Note: Forms part of: India Focus.
Summary: Progress in integrated circuits (IC) technology -- nearly two thousand computer chips
designed in India per year -- consumption of semiconductors reached eight billion dollars in 2012 -laws protecting ICs in India -- Semiconductor ICs Layout-Design (SICLD) Act (2000) -- protection
under the SICLD Act -- Indian Patents Act Section 3(o) excludes patenting of topography of ICs
and layout designs -- decisions related to Section 3(o) -- advises semiconductor companies to
protect their IP by filing patent applications in India for the subject matter of semiconductors -register topography of ICs and layout designs under the SICLD Act.
Subject: Circuit layout rights--India
Subject: Patent applications--India
SNIPER No.: 2014/00521
Author: Jones, Cerryg
Title: UK High Court holds TV series "glee" infringes trade mark in "wrong way round" confusion
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 47-49.
Summary: Comic Enterprises Ltd v Twentieth Century Fox Film Corp -- decision from the High
Court of England and Wales -- finding that use of the word "glee" by Fox Corporation infringed a
trade mark registration owned by Comic Enterprises for a series of two marks of "the glee club" in
a stylised form -- facts of the case -- counterclaim that the trade mark was invalid and the
specification too broad -- issues considered -- whether the words "glee club" were descriptive -trade mark had acquired distinctiveness -- how a series mark is to be construed in assessing
infringement -- whether "wrong way round" or reverse confusion is sufficient to establish likelihood
of confusion -- whether dilution or blurring of the trade mark -- found the trade mark was valid and
had been infringed -- passing-off case failed.
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Subject: Trade mark infringement--case law--United Kingdom
Subject: Trade mark series--United Kingdom
Subject: Passing-off--case law--United Kingdom
SNIPER No.: 2014/00518
Author: Bagnall, Mary
Author: Richardson, Catherine
Title: UK High Court refers questions on registrability of shapes as trade marks to CJEU in KitKat
case
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 40-43.
Summary: Société des Produit Nestlé v Cadbury UK Ltd -- English High Court decision -- Nestlé's
appeal against the refusal to register the shape of its KitKat chocolate bar as a UK trade mark -Arnold J referred questions to the Court of Justice for the European Union Court around what
exactly the test for factual distinctiveness is -- whether sufficient to prove recognition of the mark
on the part of relevant consumers -- whether those consumers must rely on the mark alone as
indicating origin -- facts of the case -- distinctive character -- inherent distinctiveness -- acquired
distinctiveness -- whether shapes result from the nature of goods or are necessary to obtain a
technical result -- likely that Article 3(1) (e)(ii) of Directive 2008/95/EC (Trade Marks Directive)
provisions will be interpreted strictly -- will need compelling evidence of acquired distinctiveness.
Subject: Shape marks--case law--United Kingdom
Subject: Shape marks--case law--Europe
Subject: Trade mark distinctiveness--case law--United Kingdom
Subject: Trade mark distinctiveness--case law--Europe
SNIPER No.: 2014/00565
Author: Ramage, W. Edward
Title: The unsettled state of business method patents
Source: Intellectual Asset Management. IP Value 2014, pp. 153-157.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Business methods and computer-implemented process patents -- United States -Bilski v. Kappos -- USPTO machine-or-transformation safe harbour -- Prometheus Laboratories v.
Mayo Collaborative Services -- CLS Bank v. Alice Corp. -- Ultramercial, Inc. v. Hulu, LLC -Accenture Global Service GmbH v. Guidewire Software, Inc. -- scope of patentable subject matter
confused by inconsistent court decisions.
Subject: Business methods--case law--United States
Subject: Computer-related inventions--case law--United States
Subject: Patentability--case law--United States
SNIPER No.: 2014/00523
Author: Taylor, David
Title: URS: a new streamlined trademark enforcement mechanism in a new gTLD world
Source: World Intellectual Property Report. Vol. 28 No. 3, March 2014, pp. 51-52.
SNIPER Bulletin – April 2014
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Summary: Uniform Rapid Suspension system (URS) -- mandatory rights protection mechanism -designed for use in the Internet Corporation for Assigned Names and Numbers (ICANN) new
generic top-level domain (gTLD) program -- solution for trade mark protection in the new gTLD era
-- goal of URS to provide lighter, more rapid and cheaper alternative to the existing Uniform
Domain Name Dispute Resolution Policy (UDRP) -- scope of the URS -- clear-cut cases of trade
mark abuse -- remedy is temporary suspension for the duration of the registration period, with
possibility of extension -- example of Facebook in filing the first and so far only URS complaint -comparison of when to use URD and UDRP.
Subject: Domain name dispute resolution
Subject: Trade mark enforcement
SNIPER No.: 2014/00561
Author: Rooke, Matt
Author: Barlocci, Anna
Title: The use and misuse of Spanish utility models
Source: Intellectual Asset Management. IP Value 2014, pp. 132-136.
General Note: Forms part of: IP Value Yearbook 2014 (12th ed.)
Summary: Utility models -- Spain -- traditional advantages and disadvantages of utility models
over patents -- recent case law -- IP strategy involving utility models.
Subject: Minor patents--Spain
SNIPER No.: 2014/00532
Author: Millien, Raymond
Title: The use of competitive intelligence in IP monetisation
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 80-85.
Summary: Intelligence gathering in creating intellectual property value -- strategies for IP
monetisation -- development of new IP marketplace -- realities of corporate business -- picking the
right monetisation option -- competitive intelligence and business strategy -- using IP-based
competitive intelligence to support monetisation -- need for novel approaches.
Subject: Business intelligence
Subject: Intellectual property management
Subject: Value of intellectual property
SNIPER No.: 2013/03008
Author: Nicol, Dianne
Author: Owoeye, Olasupo Ayodeji
Title: Using TRIPS flexibilities to facilitate access to medicines
Source: Bulletin of the World Health Organization. Vol. 91 No. 7, July 2013, pp. 533-539.
Summary: Growing public health crisis in the world's poorest nations -- Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS) and access to medicines -- TRIPS
compulsory licensing flexibility -- Doha Declaration on TRIPS and Public Health -- right of WTO
Member States to include in their patent legislation a provision for use without authorization of the
patent holder as per TRIPS Article 31 -- many countries yet to enact legislation permitting generic
SNIPER Bulletin – April 2014
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manufacture of patented pharmaceuticals -- most of those that have enacted the legislation are yet
to make use of it -- requirements seen as so stringent as to be unworkable -- need for fresh
attempts to enact workable legislation that fits within the prescribed requirements of international
law without going beyond them -- high-income nations should refocus their moral obligation to
enact the legislation mechanisms and provide incentives for their use -- draft legislation in Australia
in 2012 to amend national patent legislation -- allows exporting of pharmaceuticals under Protocol
and the Australia-US Free Trade Agreement conditions -- shows how workable legislative
frameworks can be developed.
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)-pharmaceutical industry
Subject: Compulsory licensing--pharmaceutical industry
Subject: Compulsory licensing--law and legislation--Australia
SNIPER No.: 2014/00464
Author: Olson, Dwight C.
Title: Valuation discussion factors in early stage software
Source: Les Nouvelles. Vol. 48 No. 1, March 2014, pp. 53-58.
Summary: Factors that contribute to early stage software valuation discussions -- preinvestment
money discussions -- pre-money scenarios -- value of early stage software increases as market
technological, technological and financial feasibility factors valorise -- monetary forecasting
(probability) -- factors established and adopted by U.S. Federal Accounting Standards Board
(FASB).
Subject: Value of intellectual property--information technology industry
Subject: Computer-related inventions--economics
SNIPER No.: 2014/00533
Author: Cox, Pamela L.
Title: A vision of the future for non-profit technology transfer
Source: Intellectual Asset Management. No. 64, March-April 2014, pp. 87-93.
Summary: Technology transfer in research institutions -- competing goals of delivering public
benefits and generating financial returns -- United States -- ten year vision of what non-profit
technology transfer (NPTT) will look like -- changing mission of NPTT -- role of faculty and faculty
entrepreneurs -- expertise needed by future technology transfer professionals -- use of synergies
between technology transfer offices -- types of rights likely to be transferred in future -- need for
budget changes to protect assets -- future funding models for technology transfer offices -- ways of
bringing external and internal change to NPTT models -- interview with Lita Nelson, Director,
Technology Licensing Office, Massachusetts Institute of Technology (MIT), Elias Caro, Vice
President, Technology Development, Wallace H. Coulter Foundation, Robin Rasor, Director of
Licensing, University of Michigan, and Connie Armentrout, Director, Academic Technology
Licensing, Monsanto Company.
Subject: Technology transfer--education and training industry--United States
Subject: Technology transfer--science and research industry--United States
SNIPER No.: 2014/00526
Author: Berman, Bruce M.
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Title: War between 3D printing and IP rights is not inevitable
Source: Intellectual Asset Management. No. 64, March-April 2014, p. 29.
Summary: Impact of 3D printing on intellectual property rights -- 3D printing becoming mainstream
-- likely impacts on patents, trade marks and copyrights -- opportunities from 3D printing if rights
owners react correctly -- argument that 3D printing should be lightly regulated, and not subject to
existing IP regimes -- limitation on infringement liability -- what patent owners can learn from
Napster.
Subject: Three-dimensional printing
Subject: Intellectual property infringement
Subject: Intellectual property management
SNIPER No.: 2014/00569
Author: Lawson, Charles
Title: Who shall live when not all can live?: intellectual property in accessing and benefit-sharing
influenza viruses through the World Health Organisation
Source: Journal of Law and Medicine. Vol. 18 No. 3, March 2011, pp. 554-576.
Summary: World Health Organisation (WHO) arrangements for accessing viruses and
development of vaccines -- potential conflict between Convention on Biological Diversity (CBD)
and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) -- TRIPS
framework -- CBD framework -- WHO and influenza pandemic preparedness -- WHO and
intellectual property -- no consensus on role of intellectual property in response to pandemics -disparity between access for developed and developing countries -- no guarantee of timely
vaccines for developing countries -- Australian preparation and response needs to be within
broader global responses.
Subject: Convention on Biological Diversity (1992 June 5)
Subject: Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15)
Subject: Pharmaceuticals
Subject: Public policy--pharmaceutical industry
SNIPER No.: 2014/00509
Title: A whole new ball game
Source: Trademarks Brands and the Internet. Vol. 2 No. 4, 2013, pp. 37-39.
Summary: Licensing rights to broadcast football on television -- battle for obtaining rights in
Europe -- strong competition between channels for the rights to broadcast live sport -- English
Premier League (EPL) and Union of European Football Associations (UEFA) have profited greatly
from licensing the rights to broadcast their matches -- EPL sells its rights competitively in a closely
regulated market -- licenses exclusive territorial rights to broadcast matches and appoints
exclusively-licensed broadcasters in each jurisdiction -- licensee agrees to prevent the public from
receiving its broadcasts outside its territory -- example of high profile licensing dispute -- the
Murphy case in the UK -- copyright infringement -- UEFA and pan-European licences for
broadcasting The Champions League tournament -- protecting against online infringements -problem of using streaming websites to circumvent licensing agreements
Subject: Copyright licensing--tourism and recreation industry--Europe
Subject: Television broadcasts--tourism and recreation industry--Europe
Subject: Copyright infringement--tourism and recreation industry--Europe
SNIPER Bulletin – April 2014
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SNIPER No.: 2014/00492
Author: Feng, Shujie
Title: Why the deficiency in fighting trade mark piracy in China?
Source: European Intellectual Property Review. Vol. 36 No. 3, 2014, pp. 186-193.
Summary: Trade mark piracy -- prior rights and related signs protected against piracy under the
PRC Trademark Law -- well-known trade marks -- difficulties in the protection of prior trade marks,
copyrights, industrial design patents, trade names, personal names and likenesses -- difficulties for
the protection of unregistered trade marks -- deficiency of related trade mark opposition and
invalidation procedures -- efforts in establishing a remedy in the application of the law -- third
revision of the PRC Trademark Law.
Subject: Famous trade marks--China
Subject: Unregistered trade marks--China
Subject: Piracy--law and legislation--China
SNIPER No.: 2013/02814
Author: Miller, Laura Beth
Title: Will standard essential patents change the US patent litigation landscape?
Source: World Intellectual Property Review. September-October 2013, pp. 64-66.
Summary: Patents necessary to practice industry standards -- licensing on 'reasonable and nondiscriminatory' (RAND) terms -- European term is FRAND (fair, reasonable and non-discriminatory)
-- scrutiny of RAND commitments -- question of how to avoid creating a patent holdup while
protecting the stimulus for innovation -- Innovatio IP Ventures court case -- the RAND rate -Microsoft v Motorola -- determining a licensing rate and a royalty range -- right in obtaining
injunctive relief.
Subject: Patent litigation
Subject: Standards (Technical)
Subject: Patents--case law--United States
SNIPER No.: 2014/00386
Author: Spear, Brian
Title: Wind generated electricity: we have been here before
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 36-39.
Summary: Attempts to use the power of wind to generate electricity -- outline of history from late
nineteenth century to the present day -- way that filing of patents has reflected the changing
interest in this free resource -- commercial realities of trying to convert an unpredictable energy
source into an economically viable contributor to the world's energy needs -- key may be in the
development of alternative improved methods of storing electricity.
Subject: Patents--history
Subject: Environmental issues in intellectual property--history
SNIPER No.: 2014/00099
Author: Lieben, Bart
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Title: Winning the hearts and minds of brand owners and users: brand TLD registry strategies
Source: World Trademark Review. Online Brand Enforcement 2014, pp. 39-43.
Summary: Internet Corporation for Assigned Names and Numbers (ICANN) -- top-level domain
(TLD) -- rules of thumb to be considered by any type of registry for a new TLD that will help it in
reaching its objectives -- domain name is not an easy product to sell -- new TLD is different
because, as yet, there are no examples of domain names for which TLD is not in the root -marketing this product -- registries must ask some preliminary questions -- questions for brand
owners -- take at least six months, if not a year to launch the TLD -- Some registries are (and will
be) proposing rights protection mechanisms, whereby they allow brand owners to indicate which
domain names should not be registered in their TLD -- consider and review contractual
commitments -- for brand owners which want to make the most of their TLD -- identify a handful of
projects that are ongoing within your organisation, brand and market them right and try to attract
traffic -- what will Google do? -- avoid special launch programmes.
Subject: Domain name registration
Subject: Domain name registries
SNIPER No.: 2014/00455
Author: Stevens, Philip
Title: WIPO green: the place to go for green tech
Source: WIPO Magazine. No. 1, February 2014, pp. 1-5.
Summary: On-line marketplace for green technology -- seeks to accelerate the development and
deployment of green technologies around the world -- connecting technology and service providers
with those seeking innovative solutions to environmental challenges -- Boosting innovation and
enabling diffusion -- bridging the gap between needs and solutions -- overcoming barriers to
diffusion -- businesses can benefit -- university researchers stand to gain -- advantages for green
tech entrepreneurs in developing and emerging countries -- wide range of support services
available -- augmenting international climate change mechanisms -- environmentally sound
technologies (ESTs).
Subject: World Intellectual Property Organization
Subject: Environmental issues in intellectual property
SNIPER No.: 2013/02761
Author: Abrar, Muhammad
Title: WIPO proposed treaty development and critical legal studies
Source: European Intellectual Property Review. Vol. 35 No. 12, 2013, pp. 715-723.
Summary: Concept of neighbouring rights in copyright law -- related rights -- include performance,
phonogram and broadcast rights -- international development of broadcasting -- historical context
of broadcasting -- relevant provisions of international agreements -- role of WIPO's Standing
Committee of Copyright and Related Rights in the context of the broadcasting treaty -- Draft Basic
Proposal for the WIPO Treaty on the Protection of Broadcasting Organisations (WIPO Proposal
Treaty) -- protection of a broadcasting right in the digital era -- critical analysis of the WIPO
Proposal Treaty.
Subject: Neighbouring rights--law and legislation
Subject: Neighbouring rights--treaties
SNIPER No.: 2014/00387
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Author: Liu, Yanhuai
Author: Sun, Zhiyi
Author: Da, Zhujun
Author: Sun, Ruiyang
Title: World traditional medicine patent database and its applications
Source: World Patent Information. Vol. 36 No. 1, March 2014, pp. 40-46.
Summary: World Traditional Medicine Patent Database (WTMPD) -- bilingual (Chinese/English)
and deep indexed natural/traditional medicine patent database -- covers more than 200 thousand
natural/traditional medicine related basic patent records -- more than 500 thousand patent family
members -- more than 200 thousand Traditional Chinese Medicine (TCM) formulae collected from
more than 20 countries and 2 international organizations from 1985 to current -- WTMPD has been
used in patent examination practice within State Intellectual Property Office of China -- search
features include formula similarity and TCM classification -- key uses -- patentability searching and
drug discovery.
Subject: Patent databases--China
Subject: Traditional knowledge--pharmaceutical industry--China
Subject: Environmental issues in intellectual property--history
SNIPER No.: 2014/00408
Title: The year the world fell in love with IP
Source: Intellectual Property Magazine. February 2014, pp. 6-9.
Summary: World IP Indicators report published by the World Intellectual Property Organization
(WIPO) -- evidence about the meteoric growth of intellectual property (IP) across the world -despite global economic problems, IP applications grew across the board -- IP market exceeded
expectations -- State Intellectual Property Office of the People's Republic of China (SIPO) saw the
fastest growth in filings among the world's IP offices -- Chinese government offers financial
incentives for the filing of patent applications -- report highlighted the relationship between
migration and innovation -- report breakdown -- patents and utility models -- trade marks -industrial designs -- plant varieties.
Subject: Intellectual property offices--statistics
Subject: Intellectual property--trends
SNIPER Bulletin – April 2014
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Published by: IP Australia
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