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les Nouvelles - September 2005


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  • les Nouvelles - September 2005 - Full Issue
    PDF, 3.52 MB
  • Recently Proposed Definitions Of “Open Standards” Could Impede Innovation, Interoperability, And Government Procurement Options
    NICOS L. TSILAS
    As the information technology (IT) marketplace becomes more competitive and heterogeneous in nature, the need for interoperability among diverse systems and components increases dramatically.1 Whereas 20 years ago, individuals and corporations customarily bought all of their IT equipment and services from one of the major vendors such as Digital, HP, IBM, or NCR, today they purchase and deploy multi-vendor networks of interoperable hardware and software.
    PDF, 311.92 KB
  • Aftermarket Controls Through Single-Use License Restrictions
    MATTHEW W. SIEGAL & BENJAMIN P. LIU
    Patent license restrictions can be used to control profits from the aftermarket for refi llable or reusable products such as printers or medical devices to substantially increase the value of those products. These license restrictions can also spur the publicʼs adoption of a product by permitting the introductory price to be minimal, with the profi t coming from sales of the consumable portion of the product. However, placing enforceable license restrictions on patented goods can raise challenging issues. Poorly crafted license restraints can violate antitrust laws or constitute patent misuse. Nevertheless, recent decisions by the U.S. Court of Appeals for the Federal Circuit provide road maps that help show companies how to increase the likelihood that the restrictions will be enforceable and not violate the antitrust laws.
    PDF, 193.11 KB
  • Judging Competition Law: Recent Case-Law Of The European Court Of Justice
    PROF. DR. NINON COLNERIC
    According to a commentator, the judgement given by the European Court of Justice in IMS Health1 last year was one of the most awaited competition judgements in the history of that court.2 Since it is at the centre of your business, my contribution will focus on this case and put it into perspective.
    PDF, 255.21 KB
  • Recent Decisions In The United States
    Brian Brunsvold and John Paul
    A recurring feature highlighting recent decisions in the United States.
    PDF, 178.82 KB
  • Partnerships From Donated Patents
    G. MARIE TALNACK-MOFFETT
    Last year at the 2004 LES (USA & Canada) Spring Meeting in New York the Industry/ University Committee sponsored a workshop on "Partnerships Arising from Donated Patents." There had been a growing trend in the donation of patents by corporations to universities and other not-for-profi t research organizations. With the increased number of patent donations came increased interest and many issues began to surface about the donation process. Such issues included what are the acceptable methods for valuing patents, what is the rationale for corporate patent donations and the amount of allowable tax write-off under Internal Revenue Service guidelines. The workshop examined the benefi ts and responsibilities for both the donor and the recipient organizations in patent donations as well as the issues surrounding donations from the perspectives of the different parties in the process.
    PDF, 194.07 KB
  • Should You License Your Competition?
    HENRY E. FRADKIN
    In starting out or increasing the effectiveness of a technology transfer office, there are many hurdles to overcome. These include: (1) securing the necessary commitment from top management to proceed, (2) ensuring that you have the necessary resources to achieve offi ce objectives, and (3) having a mechanism to gain necessary technical and business support from other company activities.
    PDF, 226.81 KB
  • Infringement, Licensing & Operational Problems With IP Holding Companies: An Australian Perspective
    ADAM LIBERMAN
    It is not unusual for reasons including administrative efficiency, tax planning, or protection against insolvency to establish a company within a group to be the owner of all intellectual property owned by group companies. The consequences of such structuring are not always carefully considered. This article considers some issues relating to: -infringement and like proceedings -licensing; and -operational matters, where all patents, trademarks, copyright and designs of a group are held by a separate company, whose only function is to hold and manage those assets (IP holding company). There are signifi cant other issues that need to be considered but are beyond the scope of this article.
    PDF, 246.76 KB
  • The European Patent System On The Move
    PROFESSOR ALAIN POMPIDOU
    Remarks from LES Annual Conference, June 12-15, 2005, Munich
    PDF, 209.39 KB
  • Surface Convergence Masking Contrasting Styles Of Technology Transfer: The Case Of Joint Industry Ownership Of Japanese University Inventions
    ROBERT KNELLER
    On the surface, the convergence of the Japanese and U.S. systems of university- industry technology transfer is almost complete. Japanese national universities, which conduct most university research in Japan, have been incorporated as independent administrative since April 2004, although they remain under the purview of the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT). This was actually the fourth in a series of legal reforms that began in 1998 with the passage of a law authorizing the establishment of technology licensing organizations (TLOs) that could license some university inventions and channel royalties back to the inventors, their laboratories and their universities. Now as a result of these reforms, the legal framework governing university industry technology transfer in Japan is very similar to that in the U.S. Japanese universities now own nearly all inventions made by their researchers, including inventions by most graduate students and industry employees working in university laboratories.
    PDF, 244.18 KB
  • New International Relations In Intellectual Property
    RAUL HEY
    The appreciation of the impact of Intellectual Property and Technology Transfer on the economy of any given country, is coming under scrutiny from the lesser developed countries. Those who do not understand the reasons for the views being expressed will fi nd it more and more diffi cult over time to open up new markets for their IP-based businesses.
    PDF, 210.70 KB