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Public Rollout of the ASEAN Online Patent Data Service

Details: Category: News; Published Date; Written by Super User

Public Rollout of the ASEAN Online Patent Data Service

August 29, 2017

For the first time, a regional patent database service tailored for ASEAN has been made available to the public.

With the increasing number of ASEAN patents, the service responds to the need for an online platform to access technological information in the region.

Supporting ASEAN innovation

The initiative builds on the ongoing ASEAN-WIPO collaboration to leverage WIPO technical assistance services to support ASEAN innovation. The platform will enable stakeholders, regardless of location, to access the technical, legal and business information contained in over 500,000 ASEAN patent documents.

The portal is directly linked to the WIPO PATENTSCOPE service, which is WIPO’s global patent database portal, hosting 65 million documents including 3.2 million published international patent applications (PCT).

Launch

The service was launched on July 17, 2017 during the ASEAN Working Group on IP Cooperation (AWGIPC) Task Force with the purpose of enhancing regional collaboration and encouraging technological development in ASEAN countries. The public launch took place on August 29, 2017, during IP Week in Singapore.

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Intellectual Property index: India remains near bottom

Details: Category: News; Published Date; Written by Super User

Source: thehindu.com

Only two countries were ranked below India – Pakistan (44th) and Venezuela (45th).

India remains near the bottom in an international Intellectual Property (IP) index by being ranked 43rd out of 45 countries, according to a report by the U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC).

The report said it includes 90% of global gross domestic product, and grades countries on patents, trademarks, copyright, trade secrets, enforcement, and international treaties. Only two countries were ranked below India – Pakistan (44th) and Venezuela (45th). The U.S., the U.K., Germany, Japan, Sweden, France, Switzerland, Singapore, South Korea and Italy completed the top 10 ranks. Among the BRICS countries China was ranked 27th, South Africa (33rd), Brazil (32nd) and Russia (23rd).

The report added, “While the Indian government issued the National Intellectual Property Rights (IPR) Policy in 2016, IP-intensive industries continued to face challenges in the Indian market with regard to the scope of patentability for computer-implemented inventions, Section 3(d) of the Indian Patent Act (that prevents ever-greening of patents), and the recent High Court of Delhi decision regarding photocopying copyrighted content.”

The report said, India’s key areas of weakness includes that “overall, National IPR Policy does not address fundamental weaknesses in India’s IP framework, limited framework for protection of life sciences IP, patentability requirements being outside international standards, lengthy pre-grant opposition proceedings in place, and the 2016 High Court ruling on copyright infringement in the University of Delhi copy-shop case continuing to weaken the enforcement environment for rights holders.”

It added that another of India’s weaknesses was also that it had “previously used compulsory licensing for commercial and nonemergency situations, (as well as India’s) limited participation in international IP treaties.”

The report said its key findings included that a number of countries introduced new enforcement mechanisms and specialized IP courts to better combat counterfeiting and piracy. Besides, free trade agreements signed in 2016 helped raise the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft, it said.

“Various governments undertook a review of their IP laws, recognizing that IP laws must keep pace with the emerging challenges IP owners face. Economies leveraged international partnerships through Patent Prosecution Highways,” it said, adding that despite these positive developments, some countries took steps to restrict IP rights in 2016. Also, countries introduced new requirements for local production, procurement, and manufacturing.

The report further said, “A number of governments attempted to limit the scope of patentability via both judicial decisions and legislation. Both individual governments and representatives of the multilateral institutions encouraged public officials to utilize compulsory licenses and expand exceptions and limitations in the name of increasing access.”

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Firms ignorant of intellectual rights

Details: Category: News; Published Date; Written by Super User

Source: vietnamnews

HÀ NỘI (VNS) — Many Vietnamese firms are indifferent to intellectual property rights regulated in the Trans Pacific Strategic Partnership (TPP) agreement, despite the fact that Việt Nam is a signatory to the deal, Deputy Minister of Industry and Trade Trần Quốc Khánh said.

Khánh said during a talk show held by the Government’s Portal yesterday in Hà Nội that businesses’ awareness regarding the issue was limited and inadequate.

Without effective measures, it would be very difficult for Vietnamese firms in particular and the country in general to participate in the TPP deal, he said. Once the deals took effect, Vietnamese businesses would have to spend more time on lawsuits.

“If we do not conduct specific measures and impose stiffer penalties on the violation of intellectual property rights, we will cause severe damage and losses for individuals and organisations that have patented inventions – not to mention we are also showing our disrespect to the inventors and discouraging them to create and invent more,” Khánh said.

Another important thing to note was that Việt Nam currently only imposed administrative punishments on intellectual property rights violations, he said. But the TPP includes criminal penalties for such crimes. Violators may receive warnings and administrative fines or be imprisoned, depending on the severity of the crimes.

Lê Ngọc Lâm, Deputy Director of the Intellectual Property Rights Department under the Ministry of Science and Technology said intellectual property rights issues in the TPP deal were different from other trade agreements.

“There are things stipulated in the TPP that we’ve never thought of, such as the protection of copyrights about scents, flavours and sounds,” Lâm said. “That is obviously a real challenge for the business community.”

He said the wave of foreign investment pouring into Việt Nam was likely to trigger disputes about intellectual property rights issues. It was no coincidence that when investing in Việt Nam, most foreign firms asked the Government to commit to protect their intellectual property rights.

Intellectual property violations hurt all Vietnamese enterprises and the entire economy. They stop Việt Nam from accessing and utilising the world’s technological advancements, Lâm said.

Lâm said enforcement in Việt Nam was still limited. This was one of the weakest aspects of the country’s legal system.

There is no Vietnamese court that specialises in handling intellectual property rights cases. Many trademark and design disputes remain unsolved.

Vũ Thị Thuận, chairman of the board of directors of Traphaco Pharmaceutical JSC, said the TPP deal would also provide Việt Nam with more opportunities to make the business environment transparent and predictable.

In particular, strengthening protection for intellectual property rights will create opportunities to attract more investment in knowledge-based sectors such as pharmaceutical production like vaccines, Thuận said.

Thuận said the domestic businesses must adapt themselves to the TPP’s intellectual property right regulations, adding that the firms must also make changes in accordance with new legal regulations.

Khánh said Vietnamese firms should improve their understanding of international laws to enhance the recognition, application, development and protection of intellectual property rights; promote research and innovation; and apply science and technology for greater quality and productivity.

He added that the Government and law enforcement agencies needed to improve knowledge and experience to be able to handle cases related to intellectual property rights and build a stronger legal framework in line with the regulations of the TPP. — VNS

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