Small Business IP Protection and Management

China Intellectual Property Infringement

China is boasting a 23% increase in convictions for intellectual property infringement.  Industry Week reports that 4,322 people were fined or sentenced to jail last year.

Intellectual Property Summary - 2006 USPTO Annual Report

2006 is projected to be a record year for the USPTO.  The 2006 Annual Report released by the USPTO includes preliminary projections that reflect an increase of 8.3% in patent application filings and a 9.7% increase in trademark registration application filings over 2005.   443,652 patent applications filed would be the most applications filed in a fiscal year.  In addition, 354,775 trademark registration applications were filed in the USPTO.  A brief summary of the 2006 Annual Report is also available.

Ohio IP

There has been a rumor floating about that patent law is becoming centered in the midwest.  Could this be proof?

Piracy in China

The war on piracy in China continues.  More that half a million pirated DVD's were seized last month in an effort to curb piracy.  For more, read here.

AIPLA Submissions

The American Intellectual Property Law Association (AIPLA) Quarterly Journal is seeking new article submissions from practitioners and legal scholars for publication in upcoming volumes of the journal.

To submit a manuscript for publication consideration, send an electronic copy by email to: submissions@aipla.org.

For more details on submission guidelines, visit the AIPLA website.

War on Piracy in China Continues

A recent article in The New York Times discusses recent efforts to reduce piracy of computer software in China.

China IP - assorted articles

Achievements in protecting IPR "obvious"

Measures taken to ensure IPR safeguards

Commerce minister denies IPR is main factor affecting Sino-US trade balance

China lashes at US exaggeration of IPR-related trade issue

China commited to pushing foward IPR protection

Enforcement crucial to IPR improvement

Major headway made in IPR protection

Innovative nation built on firm IPR foundation

China IP

Mirroring the growth in commerce in China, applications for trademark registration in China have increased by over twenty five percent per year on average from 2000-2005.   The increase has placed China at the number one spot for trademark registration applications in each of the past four years, as disclosed in the article "China Sees Rapid Growth in Trademark Registration".

IP in the Global Marketplace - Columbus, Ohio Conference

On May 15 and 16, a conference will be held in Columbus, Ohio on Intellectual Property in the Global Marketplace. 

The conference is part of the Strategy Targeting Organized Piracy (STOP).

• See also STOP for Small Businesses

China Intellectual Property

China continues to move in the right direction in respect of intellectual property rights.  In an effort to raise public awareness of intellectual property rights, China is setting up service centers in 50 cities to handle domestic infringement complaints.  Here is a link to the article.

Piracy in China similar to drug addiction?

This week, Zhang Yuqing of China's World Trade Organization negotiation delegation compared piracy of intellectual property in China to drug addiction.   Yuqing blames the addiction to piracy on an obsession with short term profits, and even states that the problem is made worse by local governments that ignore or facilitate the practice.  For more, read this article at China View.

USPTO Launches Small Business IP Protection Web Site

The USPTO press release is as follows:

United States Patent and Trademark Office (USPTO) launches small-business intellectual property protection Web site at StopFakes.gov

U.S. Government urges businesses to protect their intellectual property from overseas piracy and counterfeiting

Jul 28, 2005 Washington, D.C. – The Department of Commerce’s United States Patent and Trademark Office (USPTO) has launched a Web site – StopFakes.gov/smallbusiness -- dedicated to small businesses and protecting their intellectual property (IP), both in the U.S. and abroad. Specifically designed to answer common questions of small businesses so they can better identify and address their protection needs, the new online resources are part of a nationwide awareness campaign to help educate small businesses on IP protection.

The Web site provides information to help small businesses, home business owners, inventors and other entrepreneurs decide when, where and how to file for intellectual property protection, covering patents, trademarks and copyrights. “Piracy and counterfeiting are on the rise around the world, and all American businesses are at risk,” said Under Secretary of Commerce for Intellectual Property Jon Dudas at a recent USPTO-sponsored small-business conference in Arizona.

While theft of intellectual property poses a serious threat to all American businesses, small businesses may be at a particular disadvantage because they may lack the resources and expertise available to larger corporations. In addition, small businesses typically may not have personnel or maintain large operations in other countries; therefore, theft of their intellectual property overseas can go undetected.

The Web site is part of a much larger USPTO and federal government effort. The Strategy Targeting Organized Piracy (STOP!) initiative ( http://www.stopfakes.gov) is aimed at combating criminal networks that traffic in fakes; stopping trade in pirated and counterfeit goods at America’s borders; and helping small businesses secure and enforce their rights in overseas markets. As part of the initiative, the USPTO maintains a toll-free telephone hotline, 1-866-999-HALT that helps businesses leverage the resources of the U.S. government to protect their intellectual property rights.

For more information about the U.S. Patent and Trademark Office’s effort to educate American businesses about intellectual property rights, visit http://www.uspto.gov . For small business-specific inquiries visit the small business link at http://www.stopfakes.gov or the issue-specific links noted below.

Resources

Stop Fakes Small Business General Information: http://www.uspto.gov/smallbusiness

Stop Fakes Small Business Patents: http://www.uspto.gov/smallbusiness/patents/

Stop Fakes Small Business Trademarks: http://www.uspto.gov/smallbusiness/trademarks/

Stop Fakes Small Business Copyrights: http://www.uspto.gov/smallbusiness/copyrights/

Media Contact:

Brigid Quinn
(571) 272-8400
brigid.quinn@uspto.gov

IP in China - USPTO to Hold Seminar in Detroit

On June 14 and 15, the USPTO will  conduct a seminar in the Detroit area on intellectual property issues relating to China.

The program includes an overview of Chinese intellectual property laws, including trademark, patent, copyright, trade secret, and unfair competition laws, and an overview of the appropriate government agencies.  Sessions on counterfeiting and infringement are also planned.  Breakout sessions to focus on issues for specific industries will be held on the second day.

John Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, will deliver the keynote address during lunch on the second day.

You can view/download a .pdf of the brochure for the seminar here.

There is NO CHARGE to attend the seminar, but seating is limited.  You must register by June 7, 2005 by using the form in the brochure.

Receptions will be hosted by Butzel Long at the end of each day.

I plan to attend both sessions.  Hope to see you there.

USPTO to Hold Seminar on Intellectual Property Enforcement in China

The United States Patent and Trademark Office is sponsoring a seminar entitled "General IP Enforcement in China" on Wednesday, April 13, 2005 at the Marriott Inner Harbor Hotel in Baltimore, Md.

China IP - U.S. Worried?

Secretary of State Condoleezza Rice was described as being concerned regarding China's rising economic power and swollen trade surplus with the U.S. in an article published in the Wall Street Journal on March 22, 2005.  According to the article, Ms. Rice voiced these concerns in a speech to reporters following meetings in China, which included discussions on strengthening protection for intellectual property.  As China's economy continues to grow due to conversion to a market driven economy, the concerns are expected to grow as well.  The political pressure being applied by the U.S. will hopefully accelerate a change in the treatment of IP in China.

China - Business Climate

The draw to China is two fold, a largely untapped market and low production costs.  Businesses are moving operations to China to take advantage of one or both of these.  However, the stories continue regarding bad business experiences.  China has intellectual property laws, anti-bribery laws, etc., but are these laws being followed within China? 

In years past, the laws which existed were largely ignored.  Piracy or stealing of the intellectual property of others became common practice.  Beginning with the Beijing Jeep plant, many companies have learned hard lessons. 

If recent press is to be believed, the business climate is beginning to change.  It is clear that an effort is being made to change the way of, or at least change the perception of, doing business in China.  Recent laws enacted in 2003 attempted to strengthen the protection of IP rights in China.  However, is it reasonable to expect things to change overnight?

It is encouraging to see an era of change beginning in China.  However, it remains to be seen how quickly the business climate will improve.

China and Intellectual Property

For the last decade, U.S. companies have been flocking to China, due in part to lower production costs.   Initially, the business climate in China was severely hampered by a lack of respect for IP by the Chinese Government and Chinese companies.  Although IP is still not treated as U.S. companies would like, talk of change from within China has begun.  Beginning this week, a series of posts will be written about the state of IP in China, and how the treatment of IP and the business climate are slowly beginning to change.

Chinese Intellectual Property Offenses - USPTO Seminar being held

Today, beginning at 9:30 a.m., the USPTO is conducting a seminar on the Chinese criminal justice system for intellectual property offenses.  The seminar will provide an interpretation of a recent judicial interpretation by the Chinese Supreme Court on Handling Criminal Cases of Infringing Intellectual Property.  The seminar is being held in the USPTO Randolph Building conference center in Alexandria, Virginia.  No mention is made in the media advisory of a web cast or the availability of the seminar materials.

Confusion between types of Intellectual Property

Confusion between the types of intellectual property is a common occurrence.  And yes, it still happens.  See a post on The Invent Blog for proof.

General Information on IP

Looking for general information on intellectual property?  The USPTO has an excellent resource page called Inventor Resources.  Another page hosted by the USPTO is called General Information Concerning Patents and provides similar information.

IP in China

A major problem in the world of IP at this time is the treatment of IP by China.  Many U.S. companies are transferring manufacturing operations to China or having goods produced in China.  Unfortunately, many of the goods produced in China are subject to copying or counterfeiting.  The counterfeit goods are then brought into the U.S. without regard to patents on those goods.  Anthony Cerminaro provides some insight on this problem on his blog Bizz Bang Buzz with a short review of a recent article on the subject.