Newsletter vol. 9 (may jun)

NEWSLETTERRanging from Innovations to Intellectual Property
CONSULTANTSApplying Intelligence to IP - Globally
May - Jun’2013
Vol. 9,

Contents
1. Headlines 1
2. News India 2
3. News China 6
4. News Japan 9
5. Editorial 12
NEWSLETTER
TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property
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Japan, Singapore, South Korea, Taiwan, India etc., we strive to deliver foremost patent
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© TT Consultants, 2013. www.ttconsultants.com

HEADLINES INDIA
• Two yrs after launch, Govt asks: Who owns Aakash tablet IPR?
• Merck unit sues Glenmark Pharmaceuticals for infringing patent on diabetes drugs
• NRI companies stake in patents at 79.1% in India
• India allows advocates to file patents again
• Ericsson sues Micromax for patent infringement, claims about Rs 100 crore in damages
• Nutra Pharma Patent and Trademarks Published in India
• Patent Office publishes final version of Guidelines for Examination of Biotechnology Applications for
Patents
• Novartis Loses Glivec Patent Battle in India
• WIPO Hails India’s Accession To Trademark System; India Advocates Balance
• Leaked IP Chapter of India-EU FTA Shows TRIPS-Plus Pitfalls for India, Expert Says
• Kolkata’s Haldiram Bhujiawala stripped of its trademark
• South Africa follows India's lead with proposed drug-patent reforms
HEADLINES CHINA
• Patent Applied: production version of the Honda Concept C leaks out in China
• China Life Sciences Health Industry Client Briefing
• China firm sues Apple over Siri assistant
• Intellectual Property Rights in China
• Neusoft Medical Launches New Products to Global Market at 2013 Spring CMEF
• Aus drug delivery technology gets Chinese patent
• Solar3D Files Patent Application in China for Breakthrough 3-Dimensional Solar Cell
• China's winds of change buffet foreign investors
• China Issues White Paper on Intellectual Property Protection
HEADLINES JAPAN
• Grant of LiDCOrapid GUI patent in Japan
• Joint infringement case of Intellectual Property High Court of Japan
• U.S. Concerns on Japanese Intellectual Property Protection
• Japan, China, S. Korea end first talks on FTA, disagree on intellectual property
• Results of the Third ASEAN-Japan Heads of Intellectual Property Offices Meeting Held in Kyoto
• JPO and Indonesia's DGIPR to Advance cooperation in Patent Examination
• Japan’s rice lobby visits Capitol Hill to fight free trade pact
• Intellectual property is the market to make a name in
• The JPO to Act as a Competent International Searching Authority (ISA) and International Preliminary
Examining Authority (IPEA) for Malaysia
EDITORIAL
• Novartis loses Glivec patent battle: Major victory for India
• Protecting Intellectual Property in China
• ‘India should focus on creation of intellectual property, R&D’
INDIA CHINA JAPAN EDITORIAL

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Two yrs after launch, Govt asks: Who owns Aakash tablet IPR?
Two years after the world’s cheapest internet access device, the Aakash
tablet, was launched in India, claims over its ownership have begun to haunt the
government. The Human Resource Development Ministry has initiated an inquiry
to find out who really owns the Intellectual Property Rights (IPR) of the Aakash
tablet project. These inquiries, highly-placed sources said, are rooted in the
repeated claims over ownership of the tablet design by Canada-based IT firm
Datawind, whose chairman Suneet Singh Tuli has said on more than one occasion
that his company owns the Aakash Intellectual Property Rights.
If that be the case, how is Aakash’s one of the biggest achievements of the UPA
government and that of India? Sources in the Human Resource Development
Ministry say they are digging into Aakash files to arrive at a legally sound….
Read More>> Go to the top>>
Merck unit sues Glenmark Pharmaceuticals for infringing patent
on diabetes drugs
US-based MSD Pharma, the third-largest pharma company in the world by
revenues, has asked the Delhi High Court to bar Mumbai-based Glenmark from
selling two popular anti-diabetic drugs, triggering yet another legal battle between
an Indian generic company and a member of Big Pharma.
MSD's move comes a week after Glenmark Pharma launched generic versions of a
range of anti-diabetes products sold by the US company under the brand names
Januvia and Janumet. Glenmark has branded its medicines Zita and Zita Met and
aims to grab a share of the 3,000-crore Indian anti-diabetic market. MSD's drug
costs 40 per tablet. Glenmark officials, who did not wish to go on record, said it
has priced its product at a 20% discount to the innovator's version.
NRI companies stake in patents at 79.1% in India
Non-resident companies in India contributed to 79.1% of the total number
of patents in 2012, according to World Intellectual Property Rights Organization
(WIPO). Speaking at an event here, Sandeep Kejriwal, Chair of NASSCOM
Bangalore GIC Chapter and CFO, EMC Corporation, India Center of Excellence said
that this was a resultant of significant change in expectations of their parent
companies. “In the case of Globalise, Innovate, Collaborate’ (GIC) Impact on
Business Outcomes” ranked 2 after “Cost and productivity”, he said quoting a
2012 McKinsey survey.
NEWS INDIA
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India allows advocates to file patents again
Indian legal practitioners are free to file patent applications regardless
of their educational background, following a ruling at the Madras High Court on
Friday. The court ruled that patent agents no longer need a science, technology
or engineering degree to file applications before the Indian Patent Office.
Instead, anyone classed as an advocate has the right to work as an agent. If
upheld on a likely appeal, the ruling would see a return to the 1972 to 2003 era
when, before an amendment to The Patents Act, advocates were allowed to file
patent applications. In 2006, a lawyer named SP Chocaklingham challenged the
patent office after it refused him entry for a patent agent’s exam because he
didn’t have the requisite science, technology or engineering degree.
Ericsson sues Micromax for patent infringement, claims about Rs
100 crore in damages
Ericsson, the world's largest mobile network infrastructure player, has
sued homegrown handset major Micromax for patent infringement, marking
the arrival of bigticket technology patent litigation to Indian shores. The
Swedish network equipment maker has moved the Delhi High Court claiming
about Rs 100 crore in damages, saying it was taking legal action after three
years of negotiations failed to yield a licence agreement on 'standards-essential'
patents. The claimed damages make it the largest patent suit in India's IT and
telecom space, reckon patent experts. Ericsson alleged that India's largest
domestic handset maker has refused to enter into a licensing agreement
covering its patented innovations across several wireless technology standards.
Nutra Pharma Patent and Trademarks Published in India
Nutra Pharma Corporation (OTCQB: NPHC), a biotechnology company
that is developing treatments for Multiple Sclerosis (MS), Human
Immunodeficiency Virus (HIV), Adrenomyeloneuropathy (AMN) and Pain,
announced today that it has received notification that their patent and
trademarks for its Nyloxin™ line of pain relievers have been published in India's
Official Journal. This allows for patent and brand protection, leading to eventual
sales through Indian distributors. "The patent and trademark publications in
India represents one of the more significant international market opportunities
for Nyloxin," commented Rik J Deitsch, Chairman and CEO of Nutra Pharma.
NEWS INDIA
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Patent Office publishes final version of Guidelines for
Examination of Biotechnology Applications for Patents
The Patent Office has published the final version of the “Guidelines for
Examination of Biotechnology Applications for Patents”, accessible over here,
dated March 25, 2013. The draft version of these guidelines was published
initially in December, 2012 and made available for public comment on the Patent
Office website. The public comments received by the Patent Office, most of
which were negative, were published on the patent office website and I’m told
that the Patent Office did organize a meeting with the important stake-holders.
Click here to download the Pdf for Guidelines for Examination of Biotechnology
Applications for Patents
Novartis Loses Glivec Patent Battle in India
India's Supreme Court rejected Novartis AG's NOVN.VX -0.07% attempt
to win patent protection for a major cancer drug, a landmark judgment roundly
criticized by pharmaceutical companies but praised by public-health activists,
who said it would protect India's ability to make inexpensive generics for the
developing world. The case began when India first rejected Novartis's patent
application in 2006 for Glivec, known in the U.S. as Gleevec. The legal fight has
been a closely watched struggle highlighting the tensions between public-health
interests and intellectual-property rights.
WIPO Hails India’s Accession To Trademark System; India
Advocates Balance
A full room of country delegates and ambassadors gathered yesterday to
celebrate the accession of India to the Madrid Protocol for the International
Registration of Marks at the World Intellectual Property Organization. However,
beyond the joy of accession, the recent decision of the Indian Supreme Court on
a Novartis drug patent loomed in the room. WIPO convened a high-level policy
dialogue on the occasion, welcoming Anand Sharma, Indian minister for
commerce and industry on 8 April. WIPO Director General Francis Gurry said the
accession of India to the Madrid Protocol for the International Registration of
Marks was of great significance for WIPO. India, he said, is the fourth fastest
growing economy in the world, the second most populous country with 1.2
billion people, and the fourth economy in terms of purchasing power.
NEWS INDIA
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Leaked IP Chapter of India-EU FTA Shows TRIPS-Plus Pitfalls for
India, Expert Says
Indian negotiators are reportedly under tremendous pressure to give in
to the European demands for a more rigid intellectual property rights regime in
the ongoing discussions on EU-India free trade agreement suggests a leaked draft
text of the chapter on IP which is being negotiated.
The leaked text has been uploaded on the portal of Knowledge Ecology
International (KEI), an international NGO that tracks debates around intellectual
property policy and practice worldwide. At the time of writing, there has been no
official confirmation or denial about the veracity or otherwise of the leaked
document from the Indian government. Chief negotiators of the two sides are
scheduled to meet next week in Brussels.
Kolkata’s Haldiram Bhujiawala stripped of its trademark
The Intellectual Property Appellate Board (IPAB) on Friday ordered the
removal of trademark registration made in favour of the Kolkata based-Halidram
Bhujiawala. Now Haldiram (India) Pvt. Ltd, New Delhi, alone can use the
trademark ‘Halidram Bhujiawala’. The ruling ended a long-drawn dispute
between family members of Ganga Bishan, who first adopted the trademark.
Ruling in favour of the New Delhi-based firm, the Board comprising its Vice
Chairman S. Usha and its member V. Ravi held that the proprietors of the Kolkata
firm had not produced any cogent evidence and “therefore, the registration is in
violation of the provisions of the Trade Marks Act.”
South Africa follows India's lead with proposed drug-patent
reforms
India's patent regime already has one imitator. South Africa plans to
revamp its intellectual property laws to make it more difficult for pharma
companies to win protection for new versions of older drugs. The move comes
soon after India's top court backed strict requirements for drug patents.
Public health groups, such as Médecins Sans Frontières (MSF), have been urging
South Africa to follow India's lead in reforming patent laws. The country has a
sizable population of HIV-positive patients who would benefit from low-cost
treatments. A top government official told Reuters that the changes would speed
cheap generics to market and keep drugmakers from milking their older…..
NEWS INDIA
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Patent Applied: production version of the Honda Concept C leaks
out in China
Honda has applied for patent on the production version of the Honda Concept
C, the pictures leaked out, so we know what it will look like. The Honda Concept C
debuted as a concept on the 2012 Beijing Auto Show and the production version
will debut on the Shanghai Auto Show in April. Launch on the Chinese car market is
expected for May or June.
The Concept C is a new mid-size sedan that will be positioned under the Honda
Accord. It will be made in China by the Guangzhou-Honda joint venture that also
makes the Accord. Honda is considering export from China to other Asian countries
but plans are not finalized yet. Engines: 1.8 or a 2.0, both mated to a 5-speed
manual or 5-speed automatic.
China Life Sciences Health Industry Client Briefing
Pharmaceuticals, Medical Devices, Health Care & Life Sciences
Medical Devices
CFDA Seeks Public Comment on Special Approval Procedures for Innovative
Medical Devices
China Food and Drug Administration (“CFDA,” previously known as “SFDA”)
issued a draft Notice on Soliciting Public Comments on the Special Approval
Procedures for Innovative Medical Devices for Trial Implementation (“Draft Special
Procedures”). The Draft Special Procedures provide for a separate approval process
aimed at encouraging the development of qualified, innovative products.
According to the Draft Special Procedures, medical device manufacturers and their
products must meet the following conditions to qualify for approval procedures:
China firm sues Apple over Siri assistant
A Chinese company says it is suing Apple Computer, alleging the Siri digital
assistant featured in iPhones and iPads violates patents it holds. Zhi Zhen Network
Technology says it was granted a Chinese patent in 2006 for its Xiao i Robot
software, Apple Insider reported Wednesday. Xiao i Robot features voice
interactions and is able to answer questions and hold simple conversations in much
the say way Apple's Siri does. Zhi Zhen Network Technology claims its technology --
released in versions for the web, Android, Windows Phone, desktops and Apple's
iOS -- has more than 100 million users in China.
NEWS CHINA
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Intellectual Property Rights in China
According to AmCham-China’s 2011 Business Climate Survey, there was a
rise in the percentage of members who rank intellectual-property rights (IPR)
infringement among the top-five business challenges, from 19% in 2010 to 24% in
2011. The results highlight the imperative for intellectual-property protection
among companies doing business in China. Since securing IPR enables companies
to prevent their brands or innovation from being illegally copied, it is therefore
crucial for companies to stay informed on the latest IPR developments in China.
What is the current situation? As many companies will have observed, the
problem of IPR infringement is widespread in emerging nations. Statistics from the
US embassy in Beijing show that, over the past few years, China has topped…..
Neusoft Medical Launches New Products to Global Market at 2013
Spring CMEF
Neusoft Medical Systems Co., Ltd. ("Neusoft Medical"), a wholly owned
subsidiary of Neusoft Corporation (SSE: 600718), today announced the launch of a
variety of new products to the global market in the categories of CT, digital X-ray,
diagnostic ultrasound system, and clinical examination equipment. These new
products were exhibited at the Spring Edition of the 69(th) China International
Medical Equipment Fair (CMEF) in Shenzhen. The Neusoft exhibit demonstrates the
latest round of innovative solutions for the middle and high-end medical
equipment market since its launch of China's first independently developed 64-
slice CT Scanner last year. The new products demonstrate the Company's
continuous investment in R&D as well as its commitment to bringing….
Aus drug delivery technology gets Chinese patent
Australian-based Imugene gets Chinese patent application for drug delivery
technology Linguet, which enables the active ingredient of drugs to be absorbed
straight into the bloodstream when placed inside the cheek or under the tongue.
Australian drug delivery technology company Imugene has received key Chinese
patent application for the company's novel drug delivery technology Linguet. The
Chinese application provides protection around Linguet's formulations and other
specific excipients for a class of drugs that prevent the loss of bone mass, known as
bisphosphonic acids and bisphosphonates, which are used to treat conditions…..
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Solar3D Files Patent Application in China for Breakthrough 3-
Dimensional Solar Cell
Solar3D, Inc. (OTCBB: SLTD), the developer of a breakthrough 3-
dimensional solar cell technology to maximize the conversion of sunlight into
electricity, today announced that the company has filed a patent application to
protect its next generation solar cell design and methods of fabrication in China.
"China and the US represent an enormous share of the world's future demand for
solar cells over the next two to three decades," said Jim Nelson, CEO of Solar3D.
"By protecting our intellectual property in China, in addition to the existing
protection we have in the US, Solar3D will have exclusive access to these important
markets for our breakthrough technology."
China's winds of change buffet foreign investors
Ditlev Engel, the chief executive of the world's biggest wind turbine maker
Vestas, could be excused a wry smile at the past week's trumpeting of Australia's
special relationship with China. Mining tycoons and banking barons hailed the
stream of agreements signed during Prime Minister Julia Gillard's official visit to
the Middle Kingdom, ranging from direct dollar-yuan conversions and annual
leadership meetings.
For companies like Vestas, though, China offers at least as much threat as
opportunity. Among the first things Engel did after joining Vestas in 2005 was to
decide on setting up a base in China, with a 100 per cent local supply chain target.
Since then, renewable energy in China has boomed like few other regions, with
installed capacity rising six-fold between 2008 and 2012, and the country now…..
China Issues White Paper on Intellectual Property Protection
China’s Supreme People’s Court (SPC) released the “White Paper on
Intellectual Property Rights Protection (2012)” (hereinafter referred to as the
‘Paper’) on April 22, which summarizes the progress China has made in promoting
and implementing the national intellectual property strategy in 2012. Detailed
information can be found below.
Overall Situation: In 2012, courts in China strengthened the judicial protection of
intellectual property rights (IPR). As a result, the number of intellectual property-
related cases has increased substantially. Specifically: The number of civil cases
received over IPR issues amounted to 87,419 in 2012, up 46 percent year-on-year.
NEWS CHINA
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Grant of LiDCOrapid GUI patent in Japan
LiDCO Group Plc (AIM:LID), the cardiovascular monitoring company,
announces that the Japan Patent Office has granted a patent protecting the novel
Graphical User Interface (“GUI”) of the LiDCOrapid monitor in Japan, the world’s
second largest market for hemodynamic monitoring.
The distinctive display of hemodynamic parameters by LiDCO’s GUI makes the
touch-screen monitor unique and more interpretable than traditional displays in
the surgical setting. This GUI forms the structure of the screen displayed by the
new LiDCOrapid v2 with Unity software. A patent protecting the GUI was granted
in the EU in September 2011 and is currently pending in the US. Japan is one of
LiDCO’s most significant markets, along with the UK and US.
Joint infringement case of Intellectual Property High Court of
Japan
In the Akamai case, CAFC made a historical decision on August 31, 2012, in
that a joint infringement via Internet was decided to constitute the induced
infringe of 35 U.S.C. §271(b). Such a decision revokes past decisions made by
CAFC itself, and mentions that it may be possible to apply claims including
multiple steps and a network to the cases conducted by two or more parties via
the network. Hereinafter, we would like to introduce a Japanese case, “INTERNET
Number case” (H20 (Ne) No. 10085, decided on March 24, 2009) which is similar
to the Akamai case.
Outline: INTERNET Number Corporation (hereinafter, INTERNET Number) is a
patentee of Japanese Patent No. 3762882 (hereinafter, ’882 patent). INTERNET
Number asserted that a service “JAdress” provided by Netpia Inc. (hereinafter,
Netpia) infringes Claim 1 of ’882 patent…..
U.S. Concerns on Japanese Intellectual Property Protection
Japanese Prime Minister Abe Shinto is expected to announce his nation’s
intention to enter the Trans Pacific Partnership negotiations at 6pm on Friday. To
join the negotiations, Japan will need to win the consent of Australia, New
Zealand and the United States (the other nations have already indicated their
approval). Japan has generally strong levels of intellectual property protection,
and was the first nation to ratify ACTA, so it has been suggested that its entrance
might be helpful for American negotiators pushing for TRIPS-Plus intellectual……
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Japan, China, S. Korea end first talks on FTA, disagree on
intellectual property
Japan, China and South Korea agreed to form working committees on
tariffs, investments and eight other subjects before ending their first round of talks
on a trilateral free trade agreement on March 28. But Beijing remained opposed to
strengthening intellectual property protection. China did agree to enter
negotiations on reviewing its investment regulations, which currently ban Japan-
based and other foreign companies from acquiring more than half of the stocks of
Chinese companies. “China has agreed to enter negotiations because it is becoming
a country that makes investments in foreign countries,” said a South Korean….
Results of the Third ASEAN-Japan Heads of Intellectual Property
Offices Meeting Held in Kyoto
On April 14, 2013, the Japan Patent Office (JPO) and the Intellectual
Property Offices of the Member States of the Association of Southeast Asian
Nations (ASEAN) (hereinafter referred to as the "IP Offices") held the third ASEAN-
Japan Heads of Intellectual Property Offices Meeting in Kyoto. At the meeting, the
JPO and ASEAN IP Offices agreed that, as new items, the cooperation program (the
Action Plan) should additionally include the promotion of their cooperation in
certain areas, such as measures against counterfeit products in collaboration with
the Economic Research Institute for ASEAN and East Asia (ERIA) and other
organizations, the enhancement of IT support to share examination information
with the IP Offices, and the strengthening of Japan's support to the IP Offices to
impart the JPO's examination practices.
JPO and Indonesia's DGIPR to Advance cooperation in Patent
Examination
The Japan Patent Office (JPO) held a meeting with the Directorate General
of Intellectual Property Rights (DGIPR) of Indonesia, and both sides agreed to
launch a pilot program of the Patent Prosecution Highway (PPH) on June 1, 2013.
At the same time, the JPO will, from the same day, act as a competent
International Searching Authority (ISA) and International Preliminary Examining
Authority (IPEA), for PCT international applications filed with the DGIPR.
Background: The JPO has been intensifying intellectual cooperation with rapidly-
growing ASEAN countries in order to promote further economic development in….
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Japan’s rice lobby visits Capitol Hill to fight free trade pact
Rice is a staple food in Japan, but it is also a cultural staple — so much so,
say opponents of a 12-nation free-trade agreement, that the values learned
through rice farming keep the streets of Tokyo safe and the nation stable.
“Rice farming is the basis of our cultural norms. It is a collaboration,” Haranaka
Katsuyuki, an organizer of the Citizen’s Congress for Opposing the Transpacific
Partnership, said in the middle of a four-day U.S. lobbying tour against the
proposed treaty. If an agreement forces down the expensive tariffs Japan uses to
maintain domestic rice production, “it will be a tremendous cultural
transformation,” he said.
Intellectual property is the market to make a name in
Intellectual property (IP) and patent laws in the UAE and the wider region
are lacking in effectiveness, hindering investment and technological advancement.
According to the World Intellectual Property Organisation (Wipo) 75 per cent of
the world's patents are filed by China, Japan and the United States each year,
followed by South Korea and Germany. Last year almost 195,000 patents were
filed across the world, and the US alone accounted for 48 per cent of those
applications. This is no surprise considering these countries are known for their
technologically advanced environments.
Although the Middle East lags firmly behind, there is still some hope for the region
as greater investment pours into the higher education and science sectors in the
hope of shifting oil-based economies to knowledge-based ones.
The JPO to Act as a Competent International Searching Authority
(ISA) and International Preliminary Examining Authority (IPEA)
for Malaysia
The Japan Patent Office and the Intellectual Property Corporation of
Malaysia (MyIPO) have agreed that the JPO will act as a competent International
Searching Authority (ISA) and International Preliminary Examining Authority (IPEA)
for PCT international applications*1 filed with MyIPO on April 1, 2013 and
onward. Under this agreement, applicants in Malaysia, including Japanese-
affiliated companies, will be able to obtain the result of the JPO's high-quality
prior art search results for PCT international applications by choosing the JPO as
the ISA or IPEA in the request.
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Novartis loses Glivec patent battle: Major victory for India
Supreme Court’s refutation for Novartis’ plea to get patent protection for its blood
cancer drug Glivec, turned out to be a major success for the Indian pharmaceutical
firms. This had been the most awaited ruling after the government granted the
compulsory license to Natco Pharma to locally produce their liver-kidney cancer
drug Nexavar, in March last year.
Though the newer form of Glivec has been patented in nearly 40 countries,
its protection in India has been denied on the grounds that it is an amended
version of a known compound. This might lead to a perception that India offers
weak IP protection. Another implication of this decision could be that foreign
Pharma companies might delay the launch of new drugs in India and further,
holdup future investments in drug discoveries and development in India.
Most of the patented drugs are unaffordable for many people. Drug
companies usually adopt various patenting techniques to retain their profits and to
keep the generic manufacturers from making copies of these expensive drugs. The
verdict has opened the market for newer players, allowing the local drug
companies to make their versions of Glivec, at much cheaper rates. It has brought
in some relief not only for the cancer patients but also for the developing nations
that depend on generic copies of lifesaving drugs.
The generic drug makers can now continue to supply cheap drugs, which
would help India to ultimately position as a blooming generics market and a low-
cost global provider of otherwise expensive life-saving drugs.
Read More on India’s First Compulsory License>> Go to the top>>
India's top court backs generics in key drug patent ruling>>
EDITORIAL
Patent Watch
The patent alert service
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to remain updated
about the latest patents
filed in their preferred
field of invention. It is a
practical step taken by
most of the companies
who desire to keep
track of the new and
improved formulations
and adjuvant relating to
their field of interest or
in respect to a
competitor's patents.
Accordingly, we
endeavor to observe
patents continually and
provide regular updates
to our clients. Further,
our search includes
online product
directory and other non
patent literature
available.

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Protecting Intellectual Property in China
China is often perceived as a lawless place where anything goes when it comes to
intellectual property. This is somewhat misleading, as China has excellent laws that
offer a great deal of protection for intellectual property. What China does not have is
excellent enforcement of those laws.
Just because China's enforcement of its IP laws is weak does not mean it is
nonexistent. Companies that formally register their IP with the appropriate
authorities, ensure their contracts with Chinese suppliers are well-drafted, and
perform proper due diligence before selecting their Chinese partners at least have a
chance to stop third-party infringement. Companies that do none of the above have
no one to blame but themselves.
Trademarks
China employs a “first to file” system for trademark registration, which means
that China does not give any protection to unregistered trademarks. This comes as a
shock to companies used to the Anglo-American system, under which a company
gains common law rights by virtue of using a brand in commerce. In China, someone
can register another company’s trademark and then prevent them from using it, even
if they don't sell a single product. This is even the case if all a company is doing is
manufacturing in China for export. It is a common occurrence and the options at that
point are not particularly appealing: pay a licensing fee to the Chinese trademark
owner, buy the trademark outright, or change the trademark.
If a company plans to use their trademark in China in the near future, they
should register it before someone else beats them to it. Currently, it takes
approximately 15 months for China's Trademark Office to issue a trademark. While
your application is pending, no one else can stop the registering company from using
the mark, but neither can others be legally stopped from using it. The main caveat is
that a trademark should not be applied for too early; if a trademark is not used in
commerce during a three-year period, it is at risk of cancellation.
Companies should consider trademarking any distinctive phrase or logo used
on their products or their packaging, or used in the marketing or sale of services. If a
foreign company sells products or services in China, it should select and register a
Chinese-language mark as well. No matter how well-known, simple, or catchy an
English-language mark may be, if a Chinese-language trademark is not chosen, then
Chinese consumers and retailers will come up with one. And since the foreign
company didn't pick it, chances are good that it won't own it either, because someone
in China will have registered it first.
EDITORIAL
Technology
Transfer/
Commercialization
TT Consultants is
working with several
technology
companies on patent
licensing,
technology/product
commercialization,
and know-how
transfer. We have:
 Established India
Business Desk
for the incubation
companies of
several national
universities of
Taiwan
 Tie-ups with the
best research
institutes in Asia
 Successfully
commercialized
several products
and technologies
in various parts of
the world.

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© TT Consultants, 2013. All rights reserved – privileged and confidential
‘India should focus on creation of intellectual property, R&D’
Addressing over 300 delegates and experts in aerospace and energy sectors
from across the world, Narendra Jadhav, member of the Planning Commission,
underscored the need to boost efforts towards the creation of intellectual property,
and double funding to ongoing research and development (R&D) programmes at
home.
He elaborated on the policy perspective of the 12th Five–Year-Plan in his
speech at the inaugural function of the two-day international symposium on
aerospace and energy sectors ‘VICAS-2013’ here on Friday. Dr. Jadhav noted with
concern the slow pace of progress in the creation of intellectual property and R&D in
India. Though the nation is experiencing rapid growth in some economic areas, it lags
badly in the creation of intellectual property, as compared to more advanced
countries in the west.
He said the challenges of the robust economy could be addressed by
investments in knowledge-based areas, for which the government and private
enterprises need to support R&D efforts by increasing funding from the present 1 per
cent of the GDP to at least 2 per cent. He said the 12th Plan, which was to be released
soon, would boost the pace of progress: “it is focussed on sustainable growth, and
utmost importance has been given to the aerospace sector and research activities.”
The plan emphasises space communication, and it could be possible to meet
the target of having 400 transponders in place by 2017. Fifty-eight space missions
have been planned for implementation during the 12th plan, including launching 28
satellite and 25 satellite launch vehicles. The government is already working on the
Indian Regional Navigational Satellite System through the Indian Space Research
Organisation to meet the requirement of the civil aviation industry.
Mars mission
Dr. Jadhav said India’s mission to Mars would be implemented in 2015, and
ISRO’s plans for deep space investigation are being readied for the historical occasion.
The role of science and technology is crucial in solving the major problems our country
faces, he added. He also elaborated on how the Union government planned to expand
its satellite communication for weather monitoring and disaster management.
The symposium was jointly organised by Visvesvaraya Technological
University in association with CANEUS International, Canada, and the National Design
and Research Forum, India. Kyle Nunas, Canada’s Consul and Senior Trade
Commissioner to India, pointed out that the symposium was a welcome development
in the wake of discussions between the Prime Ministers of India and Canada in
November last year.
This had resulted in the announcement of a joint action plan to collaborate in
various spheres of science and technology, such as aerospace, energy and
nanotechnology.
Patent Acquisition
Services
Patent Acquisition/ In-
Licensing
We work closely with
our clients for acquiring
the right patents at the
right value. The
support ranges from
landscape, evaluating
patent strength to
gauging enforcement
value.
Patent Out-Licensing
We help our clients to
license their patents to
the right purchasers for
the right value. This
includes identifying the
right buyers,
performing
infringement analysis
and other important
aspects.
EDITORIAL

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Washington DC. 20006
T: 202-370-6170
Email: j.talwar@ttconsultants.com
TAIWAN
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Room 410, Technology Transfer & Business
Incubation Center, NCKU,
No. 1 University Road, Tainan City 701
T: +886-6-2368814
Hsinchu
Si-Soft Research Center, 1A2, Lising 1st Road,
Hsinchu City
Email: lucy.yu@ttconsultants.com.tw
Email: a.srivastava@ttconsultants.com
INDIA
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Office 8, Tower B, 3rd Floor, D.L.F, I.T park
Chandigarh (U.T)-160101, India
T: 0172-4674711
Gurgaon
Unit number 252, 2nd floor, Tower B2,
Spaze I-Tech Park, Sector49,
Sohna Road, Gurgaon-122002
Mobile: +91-9876667711
Email: s.goel@ttconsultants.com
Email: n.mahajan@ttconsultants.com
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Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the
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