Antitrust Roundup
Alec Burnside On 11 July, the European Court of First Instance (CFI) held that the European Commission should pay compensation to French electrical distribution company Schneider for some of the losses incurred as a result of the Commission’s prohibition of its planned merger with Legrand in 2001. In a key judgment, the CFI stated that […]
Mission Continued?
Peter ChroczielPresident, LES International Almost every international president starts the September message to the LES members with the line that a “short year” comes to an end. You may not be surprised to hear the same from me. At the end of my term I can confirm that time flies by while trying to serve […]
Commentary on EU Competition Developments
Alec BurnsideLinlaters & Alliance, Brussels, Belgium 1. SonyBMG On 13 July 2006 in an unprecedented judgement the Court of First Instance of the European Communities reversed the European Commissions 2004 decision approving the creation of a joint venture between Sony and Bertelsmann combining their recorded music businesses. This is the first time that the Community […]
Recent Decisions in the United States
Brian BrunsvoldAttorney, Finnegan, Henderson & Farabow John C. PaulAttorney, Finnegan, Henderson & Farabow DISTRICT COURT REFUSES TO GRANT A PERMANENT INJUNCTION TO A PATENT OWNER Historically it has been presumed that when a defendant has been found to infringe a patent the patent owner would be entitled to a permanent injunction preventing the defendant from […]
LES-SVC Questionnaire on Licensing Inventions from External Sources
Cynthia Wagner Weick, Ph.D.Management Professor, University of the Pacific, Stockton, California, USA In late 2004 and early 2005 the LES Silicon Valley Chapter collaborated on a study of invention and innovation with Dr. Cynthia Wagner Weick Management Professor at the University of the Pacific in Stockton California. The study focused on the degree and type […]
Hard Times for Patents in Europe?
Axel PfeifferPatent Attorney, Beetz and Partner, Munich, Germany Not the only but the most prominent piece of patent legislation in Europe in recent years was the discussion around the EU Directive on Patentability of Computer Implemented Inventions (the CII Directive). It ended in summer 2005 with the EU Parliaments rejection of the CII Directive. Hard […]
Tax Considerations, Incentives to Innovation and Licensing in Brazil
Henry K. SherrillLawyer, Veirano Advogados, Rio de Janeiro, Brazil For developing countries burdened by foreign debt the level of strong currency reserves a technology acquisition or screening policy and the level of economic development all appear to contribute to difficulties (or ease) in recording contracts with the government for the purpose of remitting payments abroad. […]
Fair and Reasonable Royalty Rate Determination – When is the 25% Rule Applicable?
Ove GranstrandProfessor of Industrial Management and Economics, Chalmers University of Technology What is fair and reasonable in royalty rate determination is not clear despite a longstanding debate and maybe because of it. As often in complex uncertain situations simple rules of thumb then tend to emerge and over time set some standard rule of reason […]
Risks to IP Rights post Sale or Acquisition
Lanning G. BryerPartner, Ladas & Parry LLP, New York, New York, USA Over the years businesses have come to recognize the enormous economic value of intellectual property rights such as patents designs trademarks and service marks trade secrets and copyrights ( IP Rights ). Innumerable transactions have been structured around the purchase or sale of […]
Creative Use of Brand Equity
Darren OlivierField Fisher Waterhouse Justin BarnesInternational Brand Management Limited Brands have become key drivers of corporate value and brand licensing is becoming an increasingly important part of overall brand strategy. Not only can brand licensing have a major impact on bottom line profits but it has the capability of taking your brand to places never […]
