Recent U.S. And EU Developments: The Exhaustion Theory Is Not Yet Exhausted
Erik VerbraekenIFP, Associate Director Business Law & Contracts Div., Rueil-Malmaison, France Although this article will compare recent developments in both the U.S. and the European Union with respect to the application of the exhaustion of intellectual property rights, the focus of this overview will be laid on the application of the exhaustion theory in the […]
Living With Open Source: Implementing, Managing And Enforcing A Uniform Policy For Your Enterprise
Andrew T. PhamVerint Systems, Inc., Associate General Counsel, Global IP, Santa Clara, CA, USA Matthew B. WeinsteinDickstein Shapiro LLP, Associate, Washington, DC , USA The explosion of open source software and its associated licenses has dramatically increased the complexity of deciding how to create, manage and enforce a uniform open source policy for “closed-source” commercial […]
Enforceability Of The Copyleft Effect In The Open Source Licence GPL In Germany
Dr. Christian CzychowskiBoehmert & Boehmer, Partner, Berlin, Germany In view of the increasing significance of open source licences in the law of software licences and first decisions concerning the most important licences by German courts, a short summary of the enforceability of open sources licences in Germany is given. I. Introduction in the Copyleft Effect […]
An Opportunity For LES International As IP Makes Global Business Changes
D. Patrick O’ReilleyPresident, LES International It is an honor to be president of LES International at such a critical time. Much is changing in our world and our Society. These changes present an opportunity to make meaningful contributions to the profession and to our members. The place of intellectual property in global business is changing. […]
Valuation & Dealmaking Of Technology-Based Intellectual Property
John T. RamsayQ.C., Partner, Gowling LaFleur Henderson, LLP Barristers & Solicitors, Calgary, Alberta, Canada This is the third in Razgaitis’ series of books on Valuation. The first book was written in 1999, the second in the series (two volumes) was written in 2003 and this one, consolidating the topics of the two 2003 volumes, was […]
Experimental Use–A Fragile Shield Against The One-Year Deadline For Filing Your Patent Application
George JakobschePatent Attorney, Sunstein Kann Murphy & Timbers LLP, Boston, MA USA Experimental use is a judicial doctrine that may be invoked to delay the start of the one-year clock for filing U.S. patent applications. A recent court ruling suggests that inventors tread cautiously in relying on the doctrine. Ordinarily, a public use or sale […]
Measures Of Japanese Automobile Industry Licensing In The Current Economic Environment: Learning From The Past
Dr. Yoshiaki YahagiToyota Central R&D Labs, Principal Researcher & General Manager, IP Nagakute, Aichi, Japan Masahiro EzakiToyota Technical Development Corporation, Managing Director, Hanamoto-cho, Toyota, Aichi, Japan 1. Recent Economic Conditions Embracing The Automobile Industry The financial crisis that triggered in the United States on September 15, 2008 has spread and intensified globally with the force […]
Patently Speaking: Failure To Heed IP In China Can Be Costly
Alok AggarwalChairman and Co-Founder Saratoga, California, USA Ram DeshpandeEvalueserve, Assistant VP and Head, IP Division Shanghai, China Schneider Electric, a provider of power and control solutions headquartered in France, recently announced it had settled a three-year-old patent litigation with Chint, one of the largest manufacturers of low-voltage devices in China. The settlement amount of CNY […]
A Survey Of Aerospace Industry Inventor Incentive Awards
Henry FradkinValue Extraction LLC, Principal, Dearborn, MI, USA Allen VaughnLockheed Martin Manager, IP Strategy & Licensing, Dallas, TX, USA The Aerospace and Transportation Committee of LES (USA & Canada) was founded in 1998 to provide member companies an opportunity to network and exchange best practices for those involved heavily in manufacturing goods and products. As […]
Establishing And Maintaining An IP Management Program In A Publicly Funded Research Institution
Adam LibermanCSIRO, General Counsel & General Manager, IP, CSIRO, North Ryde, NSW, Australia Introduction It is not often that one gets the opportunity to fulfil a professional ambition. Being involved in the establishment and ongoing operation of an intellectual property management program within CSIRO provided me with that opportunity. I would like to share some […]