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To What Extent Can Global IP Rules Be Responsive To Public Interest Demands? The Case Of The Treaty For The Visually Impaired

To what extent can global intellectual property rules address in an effective manner the needs of the most vulnerable members of society? This is the key question with which member states of the World Intellectual Property Organization (WIPO) are faced as they prepare to meet next week for a diplomatic conference, in Marrakesh, that should result in the adoption of a treaty to facilitate access to copyrighted works by visually impaired persons and persons with print disabilities.


Interview With Tanja Rajić: The Impact Of EU Enlargement On Trademark Practice In Croatia

Ten years after applying for membership, Croatia is finally joining the European Union on 1 July 2013. Tanja Rajić, senior associate at PETOSEVIC, explains how six years of accession negotiations and the adoption of the acquis communautaire have affected intellectual property protection in Croatia and prepared it for becoming a member state.





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    China Defies Global Trend In Patent and Trademark Applications, WIPO Says

    Published on 15 September 2010 @ 5:52 pm

    By , Intellectual Property Watch

    The global economic crisis led to a significant drop in patent and trademarks filings in 2008 and particularly in 2009 but there are signs of recovery, according to the World Intellectual Property Indicators 2010 report released today. China is still showing vigorous growth and demand in intellectual property protection.

    Starting in 2008, the slowdown affected research and development (R&D), as well as patent and trademark filings, except for in China, Francis Gurry, director general of the World Intellectual Property Organization (WIPO), told a press briefing today.

    The 145-page report gives complete data for 2008 and some data for 2009, said Carsten Fink, WIPO chief economist, and is based on an annual survey of IP offices around the world. The report is available here.

    The economic crisis led to a slowdown in 2008 in the growth of patent and industrial design applications, and a decline in the number of trademark applications, said the report. The growth in trademark applications worldwide started to slow in 2006, it said.

    Trademarks are more directly affected by economic conditions, mainly because fewer new companies are created and fewer new products are put on the market during a crisis, while budgets for patenting are discretionary, said Gurry. After a drop in 2009, trademark applications through the Madrid system for the international registration of marks have begun to go up in 2010, he said.

    Worldwide applications to the Patent Cooperation Treaty (PCT), which allows recognition in other countries of a patent filed in one country, dropped by 4.5 percent in 2009, “the first-ever year-on-year decline since the PCT became operational in 1978,” said a first analytical section in the report. The section is called: the impact of the economic crisis and recovery on innovation.

    Industrial designs showed 15 consecutive years of growth in 2008, according to the report. Again China, with 17 percent growth in applications in 2008, is “the main source of this worldwide growth.” France has the largest number of industrial designs in force but China is expected to claim this position once the 2009 data is available.

    There is a broad phenomenon of geographical shift, said Fink, with new players in the field, notably in Asia. “We predict” the trend will continue and will have implication on the global competitive environment and IP policies, he added.

    In 2008, the growth rate of applications worldwide slowed, with no growth in the US, a drop of 1.3 percent in Japan, and of 6.5 percent in the United Kingdom. But China showed an increase of 18.2 percent of applications filed in the country, “preventing applications worldwide from reaching zero growth in 2008,” the report said.

    Asked why China did not show a drop in patents and trademarks applications, Gurry said that “in absolute terms China expenditure on R&D are a reflection of their knowledge economy strategy” and in particular, they are exporting more and that leads to more international applications.

    The very high economic growth of China and very high domestic savings available for investments, including investments in R&D led to strong growth in industrial design, trademark and patent applications, with applicants being mainly Chinese, added Fink.

    The global patent, industrial design and trademark applications drop had a positive effect on backlog at IP offices, said Gurry. But that is mainly due to greater work-sharing between IP offices around the world, he said, for example through the PCT, the Patent Prosecution Highway, and the so-called Vancouver Group [pdf], established in 2008 between the IP offices of Australia, Canada and the United Kingdom.

    “Potentially pending” applications reached 5.94 million in 2008, according to the report, a 0.2 percent increase on 2007, while the total number of pending applications “undergoing examination across the world” reached 3.45 million.

    In 2008, there was an increase in the number of energy-related technologies in PCT applications, it said. Those were filed in four energy-related technology fields: fuel cells, solar, wind and geothermal energy.

    Data published in the report “are taken from the WIPO Statistics Database,” primarily based on WIPO’s annual IP survey. The data is supplied by national and regional offices “on a voluntary basis.” Some 80 patent offices supplied data, representing 97.4 percent of the world total of patent applications in 2008. The missing data is estimated, said the report.

    Preliminary data show that the first six months of 2010 “point to renewed growth of Patent Cooperation Treaty applications”, the report stated.

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. General Global Week in Review 20 September from IP Think Tank says:

      [...] crisis hits innovation & IP filings (WIPO) (IPKat) (IAM) (271 Patent Blog) (Inovia IP) (IP Watch) [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

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