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Understanding Intellectual Property Law: Protecting Your Innovations

global trade intellectual property

Understanding Intellectual Property Law: Protecting Your Innovations

Intellectual property (IP) law is an important area for absolutely everyone concerned in developing, inventing, or developing new products, processes, or artistic works. By expertise in IP regulation, people and groups can safeguard their improvements, making sure they reap the advantages of their creativity and hard work. This article provides an in-intensity observation of IP law, its significance, and sensible steps for protecting your improvements.

Read also: Global Intellectual Property Software Market to Generate Revenue of US$ 28,028.6 Million by 2031

What is Intellectual Property Law

  

Intellectual property regulation encompasses the legal regulations that defend the rights of creators and inventors. It aims to encourage innovation and creativity through granting specific rights to apply and commercialize new creations. The main categories of highbrow belongings encompass:

  • Patents: Protect inventions and new techniques.
  • Trademarks: Safeguard brand names, trademarks, and slogans.
  • Copyrights: Cover artistic works like books, tunes, and movies.
  • Trade Secrets: Protect confidential business statistics.

The Importance of Intellectual Property Protection

Protecting highbrow property is crucial for several motives:

  • Encourages Innovation: By securing exclusive rights, creators and inventors are stimulated to develop new thoughts.
  • Economic Value: IP may be a significant asset, contributing to an enterprise’s marketplace price and offering revenue through licensing.
  • Market Advantage: Protecting IP allows preserving an aggressive area by stopping unauthorized use of your innovations.
  • Legal Recourse: IP protection presents a legal foundation to do so against infringement.

Steps to Protect Your Intellectual Property

To efficiently shield your highbrow assets, do not forget the subsequent steps:

Conduct Thorough Research

  • Prior Art Search: Before submitting for protection, make sure your invention or creation is particular by engaging in a prior art seek.
  • Trademark Search: Verify that your logo name or emblem isn’t already in use.

File for Protection

  • Patents: Apply for a patent to shield new innovations or methods.
  • Trademarks: Register your emblem names, emblems, and slogans as trademarks.
  • Copyrights: Ensure your artistic works are copyrighted.
  • Trade Secrets: Implement confidentiality agreements and security features to protect trade secrets and techniques.

Monitor and Enforce Your Rights

  • Regular Monitoring: Keep an eye in the marketplace for capability infringements.
  • Enforcement: Take legal action if someone makes use of your IP without permission.

International Protection

  • Global Strategy: Consider worldwide safety in case you plan to perform in a couple of nations.
  • Treaties and Agreements: Utilize global treaties just like the Paris Convention and the Madrid Protocol for trademark safety.

Intellectual Property Law in Different Jurisdictions

In the Dominican Republic, intellectual belongings law is governed through a complete legal framework that aligns with international standards. The country is a member of the World Intellectual Property Organization (WIPO) and adheres to numerous international treaties. A Law Firm in the Dominican Republic can assist with navigating the local IP panorama, making sure your improvements are thoroughly protected. These firms provide offerings consisting of patent registration, trademark submitting, and enforcement of IP rights, assisting companies and individuals shield their highbrow assets inside the Dominican market.

Common Intellectual Property Challenges

Despite the protections available, several challenges can stand up:

  • Infringement: Unauthorized use of IP may be hard to discover and stop.
  • Counterfeiting: Fake items can damage an emblem’s reputation and revenue.
  • Cross-Border Issues: Protecting IP internationally involves navigating exceptional legal structures and policies.

Practical Tips for Innovators

To maximize your IP protection, recall those sensible recommendations:

  • Keep Detailed Records: Document the development process of your inventions and creations.
  • Use Non-Disclosure Agreements (NDAs): When sharing your thoughts with ability companions or buyers, make sure they sign an NDA.
  • Educate Your Team: Ensure your personnel apprehend the importance of IP and comply with fine practices to shield it.
  • Consult with Experts: Work with IP legal professionals or consultants to increase a robust protection approach.

The Role of Technology in Intellectual Property Protection

In the trendy digital age, generation plays a good sized position within the safety and management of highbrow property. Advanced software program gear and systems help innovators and organizations streamline the IP registration procedure, screen for capability infringements, and put in force their rights more efficiently. Technologies inclusive of blockchain are being explored for their capability to offer immutable statistics of IP ownership and transactions. Additionally, artificial intelligence can help in accomplishing thorough previous art searches and predicting trends in IP regulation. By leveraging these technological advancements, creators and businesses can beautify their IP strategies, ensuring their improvements are nicely-covered in an increasing number of complex and aggressive worldwide marketplace.

The Importance of Protecting Intellectual Property

In a world in which innovation drives progress, know-how and defensive highbrow belongings is more vital than ever. By securing IP rights, individuals and agencies can guard their creations, benefit a competitive benefit, and contribute to economic increase. While the method may be complex, leveraging expert legal assistance and advanced technology can simplify IP management and enforcement. Remember, a proactive method to IP protection now not handiest preserves your hard-earned innovations but additionally encourages endured creativity and development. Stay knowledgeable about the state-of-the-art IP legal guidelines and tendencies to conform your strategies accordingly. Ultimately, protecting your highbrow property is an investment in your destiny achievement and the sturdiness of your creative endeavors.

global trade dubai

Dubai Customs’ Key Role in Elevating UAE’s Intellectual Property Protection to Global Standard

Dubai Customs has been instrumental in the United Arab Emirates’ (UAE) recent removal from the United States Trade Representative’s (USTR) Special 301 Report Watch List for intellectual property protection (IPP) violations. This report examines the proactive measures and initiatives by Dubai Customs that significantly bolstered the UAE’s national system for protecting intellectual property rights (IPR).

Read also: HOW DUBAI CUSTOMS STOPS COUNTERFEIT PRODUCTS FROM ENTERING THE SUPPLY CHAIN

Enhancing IPP Enforcement

Dubai Customs has led IPP enforcement in the UAE, particularly at Dubai’s borders and in free trade zones. Collaborating with authorities like Dubai Police and the Dubai Department of Economic Development (DED), Dubai Customs has effectively controlled the transshipment of counterfeit goods. Since its establishment in 2005, Dubai Customs’ IPR Department has been pivotal in combating the smuggling of counterfeit and fake goods that pose risks to public health and safety and violate producers’ and trademark owners’ rights. The department has conducted numerous training courses for customs inspectors, enhancing their ability to identify original and counterfeit goods and deepening their understanding of IPR protection.

Raising Awareness and Educating Stakeholders

Dubai Customs has launched significant efforts to educate and raise awareness about IPR among various societal segments, including schools, universities, shopping centers, and clubs. Their awareness campaigns focus on the dangers of counterfeit products and the importance of protecting intellectual property rights. The Intellectual Property Rights Award for Universities and Schools is a notable initiative that encourages innovation, creativity, and respect for intellectual property among students. This award program fosters a culture of respect for intellectual property and actively engages the educational community in safeguarding intellectual property rights. Celebrating World Intellectual Property Day and recognizing award winners further emphasizes Dubai Customs’ commitment to promoting IPR awareness and education.

Strengthening Cooperation and Coordination

The success of Dubai Customs in enhancing IPP enforcement is largely due to its strong cooperation and coordination with various stakeholders, including advocates, trademark registration agents, trademark owners, federal ministries and authorities, local government departments, and chambers of commerce. Dubai Customs has developed robust partnerships with trademark owners to enhance IPR protection in the UAE. Regular workshops and training sessions for customs inspectors, in collaboration with trademark owners, increase inspectors’ knowledge and ability to distinguish between authentic and counterfeit goods, while raising awareness about the hazards of counterfeit products. The IPR Department serves as a central contact point for trademark owners, facilitating smooth coordination between stakeholders and authorities.

Strategic Goals and Future Directions

Dubai Customs’ efforts align with the UAE’s strategic goals of achieving global leadership and building a sustainable national economy. The UAE’s removal from the USTR’s Special 301 Report Watch List is a significant achievement that enhances the country’s global reputation and underscores its commitment to international IPP norms. It reflects the UAE’s dedication to implementing robust IPP regulatory standards, including an infringement and enforcement framework that upholds these standards. Moving forward, Dubai Customs aims to strengthen enforcement mechanisms, promote innovation-driven growth, and intensify awareness campaigns to combat counterfeiting and piracy effectively. The organization will continue working closely with partners to maintain and enhance IPP regulatory standards in the UAE.

Conclusion

Dubai Customs’ proactive measures and initiatives have been crucial in the UAE’s journey towards enhancing intellectual property protection standards. By collaborating with domestic and international stakeholders, Dubai Customs has shown its commitment to safeguarding intellectual property rights and fostering a culture of innovation. The UAE’s removal from the USTR’s Special 301 Report Watch List is a testament to Dubai Customs’ success in this endeavor. To sustain this progress, Dubai Customs is determined to maintain its vigilance, invest in continuous improvement, and foster collaboration to address emerging challenges and opportunities in IPP enforcement. By building on its achievements and adapting to new realities, Dubai Customs can continue to play a pivotal role in strengthening the UAE’s position as a global leader in intellectual property protection. This accomplishment benefits the UAE’s economy and reputation and sets a precedent for other nations to prioritize and strengthen their IP protection mechanisms for sustainable growth and innovation.

global intellectual property market

Global Intellectual Property Software Market to Generate Revenue of US$ 28,028.6 Million by 2031

The global intellectual property software market is experiencing significant growth, driven by the increasing demand for IP management solutions and the growing importance of IP in various industries. One of the key trends in the market is the increasing adoption of cloud-based solutions, which offer improved accessibility, scalability, and cost-effectiveness. Another trend is the increasing focus on IP analytics and the use of big data and artificial intelligence (AI) in IP management, helping companies to analyze and understand the value of their IP portfolios.
North America is currently the largest intellectual property software market, followed by Europe and Asia-Pacific, with the Asia-Pacific region expected to experience the fastest growth in the coming years. The market is highly competitive, with a few key players dominating the market, including Thomson Reuters, CPA Global, and Anaqua. These companies are focusing on developing new and innovative IP management solutions, expanding their presence in new and emerging markets, and acquiring smaller players to strengthen their market position.

Navigating the Booming Landscape of IP Software: Growth Fueled by Increasing Awareness, Investments, and Innovation

The global IP software market is driven by factors such as increasing awareness about IP rights protection and rising demand for efficient IP management solutions. Additionally, organizations are investing heavily in IP software development and implementation to maintain the security of their IP assets and gain a competitive edge. Moreover, the increasing popularity of cloud-based IP management systems is expected to further drive market growth.

To capitalize on the growth opportunities in the IP software market, many companies are focusing on product innovation and expanding their product portfolios. For instance, Microsoft recently announced the launch of a new IP asset visibility platform, which will enable users to identify and protect their IP assets from misuse. Similarly, Oracle announced its acquisition of DAZN Group, an IP licensing solution provider, to strengthen its IP portfolio and provide better IP management solutions for its customers.

North America IP Software Market to Offer Revenue Opportunity Worth 7.9 billion by 2031

According to findings from Astute Analytica, the North American market is poised to offer a revenue opportunity worth $7.9 billion in the global intellectual property (IP) software market over the next decade. The region is expected to experience a compound annual growth rate of 15.78% during this period, driven by increasing demand from end-use industries such as healthcare, IT & telecom, manufacturing, and financial services.

This growth can also be attributed to the rising number of startups in the region, which require IP software to protect their innovations, products, processes, and services. Additionally, with the increasing awareness of the benefits of IP protection and advancements in technology, the demand for IP software is expected to remain steady in North America.

North America is home to some of the world’s most innovative companies, which are embracing IP protection to safeguard their inventions and maintain a competitive edge. The presence of leading IP software providers and well-developed IT infrastructure and industry standards in the region are also contributing factors to the growth of the IP software market in North America.

Astute Analytica also found that the North American market is characterized by intense competition among players, with leading companies continuously investing in research and development to introduce new and improved products. The presence of large multinational corporations, coupled with a well-established legal system, makes North America an attractive market for IP software providers.

Moreover, the government in the US has also been proactive in promoting IP protection, with various initiatives aimed at encouraging innovation and supporting startups. This has resulted in an increase in the number of patents filed in the region, further boosting the demand for IP software.

Academia is the Largest End users of Global Intellectual Property Software Market

Academia is the largest end user in the intellectual property software market due to the extensive use of IP software to secure academic research and ensure that educational institutions benefit from the research conducted. Universities, research institutes, and other educational institutions are increasingly relying on IP software to protect their intellectual assets. This software can help protect academic research from plagiarism, establish a brand for the institution, and facilitate the commercialization of research results.

IP software provides significant benefits for academia in managing their intellectual property. The software helps institutions track inventions and discoveries, ensure research accuracy, and control access and distribution of research results. It also facilitates the patenting process and increases visibility and recognition of the institution’s research, leading to increased funding opportunities. Additionally, IP software offers a platform for researchers to collaborate and share their work globally, driving knowledge exchange and innovation.

The use of IP software in academia is likely to continue to grow in the future, driven by an increasing focus on research and development, as well as the need to protect intellectual property rights. Additionally, the growing global demand for intellectual property protection will drive greater adoption of IP software market in academia. As universities and other educational institutions continue to invest in technology to protect their intellectual assets, the demand for intellectual property management software is expected to increase significantly in the coming years

Competitive Analysis: Top 10 Players in Intellectual Property Software Market Generate Over 30% Market Revenue

The global IP software market is highly competitive, with a large number of players operating in the market. The market is dominated by a few key players, including Anaqua Inc., AppColl Inc., ContinuxGmbH, CPA Global Limited, Gridlogics, InnovationAsset Group Inc, Inteum Company LLC, IPfolio Corporation, Lecorpio, PatrixAB, Patsnap Pte. Ltd., Questel, RightsLine Software, Inc.. These companies are focusing on developing new and innovative IP management solutions, expanding their presence in new and emerging markets, and acquiring smaller players to strengthen their market position.

Market Concentration: The global IP software market is moderately concentrated, with the top five players accounting for a significant share of the market. This concentration is expected to increase in the coming years, as the leading players continue to expand their market presence and acquire smaller players.

Market Share Analysis: The market share of the leading players in the global IP software market is expected to increase in the coming years, as they continue to expand their market presence and strengthen their market position. As of 2022, these top 10 players are holding more the 30% of the market share. However, new players are also entering the market, offering new and innovative IP management solutions, which is expected to increase competition in the market.

Key Players and Their Strategies: The key players in the global IP software market are focusing on developing new and innovative IP management solutions, expanding their presence in new and emerging markets, and acquiring smaller players to strengthen their market position. These companies are also investing in R&D to stay ahead of the competition and offer better and more effective IP management solutions to their customers.

Some of the Top Market Players Are:

  • Anaqua Inc.
  • AppColl Inc.
  • ContinuxGmbH
  • CPA Global Limited
  • Gridlogics
  • InnovationAsset Group Inc
  • Inteum Company LLC
  • IPfolio Corporation
  • Lecorpio
  • PatrixAB
  • Patsnap Pte. Ltd.
  • Questel
  • RightsLine Software, Inc.
  • TM Cloud Inc.
  • WebTMS Limited
  • Other Prominent Players

About Astute Analytica

Astute Analytica is a global analytics and advisory company which has built a solid reputation in a short period, thanks to the tangible outcomes we have delivered to our clients. We pride ourselves in generating unparalleled, in depth and uncannily accurate estimates and projections for our very demanding clients spread across different verticals. We have a long list of satisfied and repeat clients from a wide spectrum including technology, healthcare, chemicals, semiconductors, FMCG, and many more. These happy customers come to us from all across the Globe. They are able to make well calibrated decisions and leverage highly lucrative opportunities while surmounting the fierce challenges all because we analyze for them the complex business environment, segment wise existing and emerging possibilities, technology formations, growth estimates, and even the strategic choices available. In short, a complete package. All this is possible because we have a highly qualified, competent, and experienced team of professionals comprising of business analysts, economists, consultants, and technology experts. In our list of priorities, you-our patron-come at the top. You can be sure of best cost-effective, value-added package from us, should you decide to engage with us.

UAE

Intellectual Protection Efforts from United Arab Emirates (UAE) cause United States to lift UAE from Watch List of Intellectual Protection (IP)

United Arab Emirates (UAE) reaches a new milestone in Intellectual Protection (IP) from the United States Trade Representative (UTSR) decision to remove UAE from the watch list for IP protection and enforcement. In the UTSR annual report, it was reported that the UAE applied adequate and effective measures to protect and enforce intellectual property rights as per IP related international standards and global best practices. The annual report highlights the compliance and increased efforts of UAE that lead to the removal of the watchlist after longstanding IP concerns.

The UTSR stated in the report on global IP compliance that the UAE made progress on longstanding IP enforcement lead by federal authorities and local governments pushing a series of IP enforcements on longstanding IP enforcement standards. The decision holder H.E. Sultan Ahmed Bin Sulayem, CEO and Chairman of DP World Group and Chairman of Ports, Customs and Free Zone Corporation (PCFC), welcomed the decision of the taking the UAE off the watchlist and underlined the UAE for the commitment in implementing IP regulations.

H.E. Sultan Ahmed Bin Sulayem stated, “We are pleased that Dubai Customs’ IP efforts have contributed to this achievement by the UAE. This underpins strategic plans to increase foreign trade growth, in fulfillment of the wise leadership’s directives and particularly the trade roadmap vision approved by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, which sets out a five-year plan to boost Dubai’s foreign trade to Dh2 trillion,” as he boosted over UAE performance.

Efforts by Dubai UAE POV:

H.E. Sultan Ahmed Bin Sulayem explained that Dubai Customs has been actively engaged in tackling the illicit trade of counterfeits, while being in full corporation with the US and other foreign bodies. The Dubai Customs works in tandem with the IPR departs to enforces intellectual property and trademark laws by making sure that any IPR infringing goods are seized to prevent from entering local markets.

H.E. Ahmed Mahboob Musabih, Director General of Dubai Customs said, “Dubai Customs has long been steadfastly committed to intellectual property rights protection. In 2005, we established the IPR department, the first of its kind at the level of customs authorities in the Middle East, with the aim of optimizing coordination amongst different customs units and centers in the area of enforcement and protection of intellectual property rights,” when describing Dubai Customs efforts in protecting IPR laws.

In 2021, Dubai Customs organized twelve workshops to introduce training of distinguishing between counterfeit products targeted at 1,394 staff and students. This training led to Dubai Customs resolved 81 intellectual property disputes, with an estimated value of Dh 11.3 million and recycled 510,000 counterfeit items for 26 international brands.

The Director of the IPR department, Yousuf Ozair Mubarak, mentioned that Dubai Customs teams constantly communicate with US and foreign countries to understand their needs and requirements in respect of protection and enforcement of the IP rights to ensure business interests of their partnering organizations.

Code obfuscation

Code Obfuscation: What it is and should You Use It?

Certain programming languages like .NET and Java can very easily be decompiled to readable sources. There are a lot of definitions about code obfuscation, but to explain it better the code obfuscation is the process that makes your application binaries slightly harder to read with a decompiler. It is a very important tool to protect the intellectual property of your business.

Why Obfuscate Code?

Some compiled languages get converted directly to bytecode, for example, C++. If you want to reverse engineer, the only way to work is with a disassembler, which is a complicated and arduous process. Though, it is not impossible, inferring high-level app logic from a stream of assembly language is quite difficult.

On the other side, languages like Java and C# are not compiled for any particular OS. They are more complied to an intermediary language, such as MSIL from .NET’s. This intermediary language is very similar to assembly, but it’s very easily converted back into the source code. So this does mean that in case you have an executable or public Dynamic-link library (DLL), anyone who possesses a copy of your executable are able to open it up in, let’s say dotPeek (.NET decompiler), and directly read your source code, and copy it as well.

Any .NET DLL can be plugged into a decompiler, so code obfuscation cannot prevent this process. But what obfuscation does is use a number of things in order to make the source code very annoying to read and debug.

Renaming is the simplest form of this entity. It is a very common practice to properly name all of the methods, variables, parameters and classes according to what function they do. But of course, you don’t have to do that, so there is nothing that is really stopping you from naming them with lowercase L’s and I, or random similar combinations of unicode characters, just to make the code very hard to read and debug. For the computer, it is all the same, but to a human is very difficult to distinguish.

It could look something like this:

IlIIIIlIIIllIIIllIIll

lIIIllIIllIlIIIIlIIIl

(neat, right?)

This process will be handled automatically by a basic obfuscator, taking the output from the build and then converting it to something that is really, really hard to read. By doing this there is no performance decrease to non-obfuscated code.

There are types of advanced obfuscators that can make it possible to change the structure of the source code. This means it can replace control structures with identical syntax but it looks more complicated.

It can also embed a code that doesn’t do anything, but it would make it harder to read for the decompiler. This means the source would look like ‘spaghetti code’ – which means it would annoy anyone who tries to read the code.

Hiding strings – is one of the common things. In this way, string obfuscation can replace strings with encoded messages – which are also decrypted, and it makes it difficult to search for them from a decompiler.

There are lots of options for obfuscators, it depends on the language the obfuscators are using. For example, Obfuscar, ProGuard, Javascript-obfuscator. etc.

Another option: You can convert to a Compiled Language

Actually, you can convert one programming language to another one, isn’t that a hard or crazy idea. It is an effective way to secure games from cracking, and it is an important step to do when protecting from piracy and cheaters. For example, Unity uses an IL2CPP converter to transform .NET code into C++ bytecode.

Is it necessary to Obfuscate?

Untrusted environments exist – so if you are using a code, and you want to secure it, it is important to use an obfuscator to make decompiling hard.

Securing your code is a must. Using an obfuscator is a must. If you don’t want anybody to decompile your app, you should try switching to a language that doesn’t have these problems.

ITC

Refocusing the ITC to Protect the US Economy

International trade is always transforming, often in exciting ways. However, a little-noticed trend in litigation at the United States International Trade Commission (ITC) portends serious market disruption and harm to US consumers and businesses.

Since 1916, the ITC has been tasked with protecting domestic industries from unfair imports. Under Section 337 of U.S. trade law, the ITC investigates imports claimed to be competing unfairly and affecting U.S. industries, including by infringing intellectual property (IP) rights. In these cases, the ITC can issue an exclusion order to ban all imports of the infringing product from the U.S. but is to refrain from a ban, if the public interest dictates it should not act.

During my tenure as ITC Chairman, the agency took great care to respect the balance of interests in the cases before us; our goal was to strengthen and support the US economy. Time and again, Congress made it clear that the mission of the ITC is to protect domestic industry – meaning US productive capacity and jobs. It is not simply an expedient alternative forum for enforcement of IP claims that could be heard by courts. Congress made it equally clear that focus on the broader public interest was paramount to striking the right balance. If the harm to consumers or healthy market competition outweighed any gains from protecting the patentholder, no import ban should issue.

 

Unfortunately, in subsequent years, the ITC in 337 cases has forgotten its history and the critical balance of interests that its decision-making requires. The ITC now elevates the protection of one claimant’s IP right over damage to the US economy writ large. It regularly dismisses evidence of future public harm as speculative – because the damage has not yet occurred. This is at odds with logic, law, and economics, including the ITC’s own expert analyses.

The whole point of an ITC exclusion order is to change which goods can enter the U.S. in the future, so of course, the ITC must consider how its actions will affect the public going forward. It requires the same kind of forward-looking analyses the ITC regularly does when, for example, it evaluates the projected impact of a planned trade agreement on the US economy.

The ITC’s analytic missteps have created a monster. We are seeing an increased 337 cases against complex products involving hundreds, if not thousands of patents, like cars and smartphones. Petitioners know that asserting even one minor patent for one minor component threatens the exclusion of an entire category of downstream products. That creates distorted incentives; even US companies steadfastly denying patent infringement pay outsize settlements to avoid the prospect of losing the U.S. market. Worse still, in many of these cases, petitioners are not U.S. companies and have threadbare connections to the domestic economy. They are instead patent-holding entities – often called patent trolls or “nonpracticing entities” (NPEs) – created and backed by financial firms with the sole purpose of litigating to extract big money.

A double case in point: A newly formed Ireland firm, Neodron Ltd., filed two ITC cases accusing the major smart device innovators, including Amazon, Apple, Dell, LG, Microsoft, Samsung, and Sony, of infringing patents related to touchscreens on smart devices. If the ITC determines even one claim of one patent was infringed, more than 90% of tablets, smartphones, and touchscreen computers could be prohibited from entering the country.

Exclusion would devastate American consumers and these companies. Americans rely more heavily than ever on their smart devices during the COVID-19 pandemic to work from home, learn remotely, consult with their doctors, and stay connected to family and friends.

It might be one thing if an import ban on these crucial devices would strengthen the US economy by protecting some domestic industries from unfair trade. But Neodron produces nothing, and the company it licenses its patents to does not make products that compete with (let alone replace) the smart devices that would be excluded. Neodron, and only Neodron, would benefit; the public and the U.S. economy would suffer. It is exactly the type of exclusion order Congress warned against.

Neodron and other NPEs can pursue their patent claims through the courts if they are legitimate. But claims like theirs do not belong in the ITC–an agency whose purpose is protecting trade. The ITC needs to focus on combatting the insidious and growing economic costs of letting NPEs press this kind of exploitive litigation. It should not conflate NPEs’ narrow interest in monetizing their patents with the actual public interest, which Congress has required it to analyze seriously before excluding products from the market. The ITC’s return to its mandate and mission is an urgent priority.

orange economy

THE ORANGE ECONOMY – WHERE CREATIVITY IS AN ECONOMIC ASSET

Our economic potential is limited only by our collective imaginations – the right hemisphere of our brains applied to both creative and quantitative endeavors.

Orange, the Color of Creativity

You’ve heard of the green economy and the blue economy. Now, researchers are taking a closer look at the so-called “orange economy”. With no set definition, the core of the orange economy encompasses a wide array of cultural and creative goods and services from architectural design and performing arts to film, games, fashion, music and video games.

Creative goods and services include art you can hang on your wall, print newspapers and crafts, but also works that are “experienced” such as gastronomy and live music. Beyond the physical realm, they include gaming apps on your phone, advertising on TV, and streamed movies. The infrastructure that supports our interaction with creative goods and services are also part of the orange economy, such as stadiums, fiber-optic networks and museums.

Capturing the Value of Creative Output

A 2015 analysis by Ernst & Young presented in their report, Cultural times, attempts to quantify the value generated by cultural and creative industries in the orange economy. It suggests the global industry generated $2.25 billion in revenue, supporting 29.5 million jobs in 2013. At the time, the creative economy exceeded the value of the global telecoms services industry and the entire GDP of India – and this was before the digital streaming boom.

Value of Creative Industries
The Asia-Pacific region accounts for more than one-third of global sales and 43 percent of jobs associated with cultural and creative industries. Visual arts and television broadcasts accounted for nearly 40 percent of the value generated by the industry and 35 percent of jobs. Other parts of the industry such as newspapers and book publishing employ more people but generate less revenue.

The report credits cultural and creative output as driving the online economy’s rapid growth. Sales of e-books, music, videos and games generated $66 billion in 2013. Content sales in turn drove sales of digital devices and subscriptions to online media and streaming platforms and the advertising on them. Ernst & Young estimates creative content yielded $22 billion in advertising revenues in 2013 for online media and free streaming websites such as YouTube.

These figures have probably grown exponentially in subsequent years. Consumer appetite for greater bandwidth and faster networks available on smart, portable devices appears insatiable, and the figures do not include billions in online ticket sales for performances, or all the additional revenue and jobs accruing to creative professional service providers such as digital advertising and media agencies.

Beyond the numbers, nurturing talent in the cultural and creative sector is important to economic development and growth. The industry is characterized by relatively fewer barriers to entry and digital opportunities now abound for creators to grow their business by acquiring a global reputation and audience. Cultural and creative industries tend to employ more youth and women and can offer more flexible work environments.

For example, American artists are 3.5 times more likely to be self-employed than U.S. workers overall. On the downside, many of the associated jobs are gigs – or temporary work – and remuneration might rely heavily on acquiring and asserting intellectual property rights. Without sustained work that is well compensated, creative and cultural work may fail to provide a source of reliable and adequate income.

A Culture of Trading

The beauty of trade in creative goods and services is the ability to enjoy tremendous cultural diversity, ingenuity, and have shared experiences as a global community. When K-pop and K-beauty burst on the scene, everyone could dance Gangnam-style or slather snail slime on their face. Beyond the cultural enrichment, policymakers have noticed the boost to the GDP bottom line of exporting cultural and creative offerings.

The UK is known for world-famous video games. One of its most notable exports is Grand Theft Auto 5, the fastest-selling video game of all time, which grossed $1 billion worldwide in its first three days. The UK government launched a $6.2 million Prototype Fund to help video game start-ups and pledged another $6 million to support a Skills Investment Fund for training in this and other creative sectors.

Canada has long offered tax credits to attract film and video production. An Ontario Music Fund provides grants to address investment gaps in its live and recorded music industry.

Latin telenovelas and music attract global audiences. The many World Heritage sites in Latin America built upon ancient Inca, Maya or Aztec civilizations are magnets for tourism exports (when visitors spend money in your country), supporting both local and national economic development while sharing the region’s rich cultural history.

Orange stroke of paint

Modern and traditional African art, sculpture and music hold wide appeal and are featured in global concerts and festivals. Nigeria’s government supports its film industry (“Nollywood”) which has become the country’s second-largest employer, generating export earnings and tax revenues.

Deploying a different model, Dubai in the UAE has created a cottage industry of hosting international cultural events, boasting the region’s largest indoor exhibition space. The UAE also opened the Louvre Abu Dhabi in 2016 to serve as a focal point for contemporary art in the Middle East and invested $136 million in the Museum of the Future, which showcases futuristic inventions but is also positioned as an incubator for global design innovation.

Colombian President Iván Duque even campaigned on supporting growth of creative industries and set a goal of expanding production and exports to grow Colombia’s orange economy from 3.3 percent to 10 percent of Colombia’s GDP, putting it roughly on par with the manufacturing industry. He held an auction during which more than 320 investors bid on $124 million of “orange bonds” issued by Bancóldex backed by a triple-A rating.

Getting Paid for Creativity in the Orange Economy

To enable these industries to thrive, governments must shore up their legal frameworks to protect cultural and creative intellectual property from theft. Goods and services in the creative economy usually hold a distinct intellectual property claim, so that when an author or creator exports it, they retain some form of ownership on which to compensate them for use or enjoyment of the work. A developer in the Ukraine or Colombia, for example, would be entitled to receive a royalty each time their copyright-protected and licensed software is downloaded anywhere in the world.

Simply having appropriate intellectual property laws on the books, however, will not be sufficient to protect many creative works. In a survey by the Inter-American Bank, just 34.8 percent of creative entrepreneurs in Latin America and the Caribbean had made some effort to register their rights to intellectual property or obtain a copyright. Of the total of entrepreneurs, 17.4 percent responded they had not done so because they considered it “very expensive,” and another 16.4 percent said they did not know the procedures for getting the registration.

Although the survey was limited to one region, this is likely a familiar refrain globally, including in the United States where creators are familiar with rights available to pursue but find it too costly to obtain representation and navigate complex intellectual property laws. In some industries, creator organizations such as collective management organizations (CMOs) in the music industry, help overcome such challenges by manage licensing and distribution of royalties and remuneration to its member artists. More could be done by governments to help their creators avail themselves of intellectual property protections.

IP in LA for Creatives

An Infinite Economic Asset

Protecting author and creator rights is critical to fuel industry growth and provide returns to authors and creators, particularly as digital platforms expand. Although such platforms enable them to reach global audiences, creators must adopt new business models and strategies to monetize amidst a sea of free content on internet intermediary platforms. Another challenge is that such platforms remain immune from liability despite hosting entities that traffic in products that violate copyright and other intellectual property rights protecting their creative goods and services.

It should also be mentioned that when it comes to cultural and creative experiences, digital and virtual are not forcing the extinction of an analog experience. Before COVID-19, New York City’s Broadway was achieving record sales. World class museums like the Guggenheim and cultural zones like West Kowloon Cultural District in Hong Kong attracted their share of visitors. The Comic Market in Tokyo still drew global fans of Japanese manga and anime.

my visual

Put On Your Thinking Cap

Creativity is rapidly becoming a condition for competing in the globalized economy. It has become among the top ten skills sought by employers. The application of creativity is not limited to cultural goods and services. Scientific creativity drives the pursuit of new ways to study, experiment and resolve societal problems. Creative thinking is applied to design new products, new production processes and commercial practices.

Ernst & Young analysts point out that the world is young – and that young population is increasingly literate, has more means and a global outlook. If policymakers view creativity as a significant economic asset, and nurture and protect it as such, countries can leverage creative output to support jobs and growth.

And – if we can manage to protect freedom of expression and the ability to trade in cultural and creative works – we can simultaneously promote cross-cultural experiences, preserve traditions and heritage, and celebrate diverse aesthetics, which might just make our world more civilized.

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Andrea Durkin is the Editor-in-Chief of TradeVistas and Founder of Sparkplug, LLC. Ms. Durkin previously served as a U.S. Government trade negotiator and has proudly taught international trade policy and negotiations for the last fifteen years as an Adjunct Professor at Georgetown University’s Master of Science in Foreign Service program.

This article originally appeared on TradeVistas.org. Republished with permission.

taiwan

Taiwan Takes Business Back: Examining the Shifting Landscape and What it Means for International Trade

In an exclusive Q&A with Dr. Richard Thurston – former Senior Vice President at Taiwan Semiconductor Manufacturing Company, Ltd, and “Of Counsel” with Duane Morris, LLP in New York, we take a closer look at the current international trade climate as Taiwan’s efforts to re-shore impact current trade relations while exposing a significant need for bilateral trade agreements and the need to improve opportunities in workforce development. Dr. Thurston walks us through what to expect in the near future as Taiwan takes businesses back from China.

What major advantages are gained by Taiwan reshoring? What risks are associated with this move?

Dr. Thurston: There are several main drivers behind Taiwan’s reshoring of Taiwan businesses from China. First, U.S. geopolitical issues, such as Taiwan companies avoiding US tariffs on China-originated products. Taiwan companies are facing a lot of pressure there.

Second, the protection of the supply chain, not just the supply chain for Taiwan’s consumer product companies, but that of other companies such as Apple, Google, and the whole range of high-tech companies. Thirdly, avoidance of both U.S. criticism, and, more importantly, of potential. U.S. penalties, fines, exclusion orders, etc., relating to possible export control violations. Finally, the Huawei issue. Overall, the challenges are much broader than trade secret protection, driven by U.S. desire to keep actual products incorporating certain advanced technologies from getting into the hands of China’s People’s Liberation Army.

Those factors, along with growing demands for international diversification, are complimented by Taiwan’s corporate concerns over ongoing health, safety, and welfare of their staff and managers working in China. One other motivation of Taiwan’s Government is to bring back to Taiwan experienced talent that had left over the last decade (which had created a great hollowing out of Taiwan’s technological and other capabilities).

On that last point, do you see a reverse effect happening in the workforce going back to Taiwan and aiming efforts on workforce development for the tech industry, or are you anticipating a completely different landscape overall?

Dr. Thurston: Previously, a much different environment existed, where there were two key drivers behind the movement to China that started when President Ma Ying-jeou took over the political reigns. One of the key factors he had in mind was to access the sizable but elusive China market. The Taiwan market of 24 million people is not large enough by itself, to sustain market growth driven by technological innovation. Second, access to talented human capital. A serious Taiwan problem exists because the STEM  (science, technology, engineering, and math) talent pool has continued to dry up in Taiwan. This has been a huge issue faced by TSMC and other technology-driven companies. So, President Ma wanted to access a culturally comparable talent pool as well as to lower costs for land and raw material supply. Finally, the KMT wanted to use Taiwan’s trade and investment in China to neutralize China’s threat against Taiwan independence.

How can Taiwan continue dominating the IP (intellectual property) sector by reshoring? And does this have any impact on its current practice?

Dr. Thurston: Taiwan has had a lot of difficulties in the IP area, and part of it is related to what I just talked about, the significant decline in the STEM talent pool. If you look for other issues, a major one is that Taiwan (because of its political position arising from China’s position against them) is not a member of WIPO (World Intellectual Property Organization), and is not a participant in the Patent Cooperation Treaty (PCT) and therefore, there are significant barriers against becoming a predominant IP source.

But more importantly, with the exception of a few companies like TSMC, most Taiwan companies continue to operate in the mindset of OEM and ODM companies. That mindset focuses on a slim profit margin. Therefore, they do not truly incorporate intellectual property into their overall strategy because it is expensive to promote and protect IP.

This is very relevant for many companies, especially in some of the new sectors, such as biomedicine, aerospace, clean energy, Big Data and AI labs. For example, Taiwan companies are still reluctant to establish a robust trade secret program. Although the Taiwan government has done a lot for enacting trade secret laws and litigation in its courts, many companies take inadequate measures to protect this most important IP asset and thereby, diluting its IP leadership. While there has been improvement, it has been slow because IP is still not viewed as a key to profitability. The government has been trying to improve that attitude in its companies through its intellectual property laws, so we will see. For now, I think the lack of sufficient and sustainable STEM talent, which affects directly leading-edge creativity and innovation, is a core challenge.

Taiwan is extremely important to the U.S., both commercially, with respect to its supply chain, and defensively, with respect to maintain open and safe sea and air links. What is further of concern is that the U.S. still does not have a bilateral trade agreement with Taiwan. This limits the ability of the free flow of information, business, and protections to Taiwan businesses and U.S. businesses operating in and with Taiwan.

During 2019, Taiwan’s efforts to attract its businesses back to Taiwan, and the short-term assistance it is providing to respective land acquisition and operational subsidies, has generated 160 new projects. Companies have most definitely returned from China to Taiwan. But, the question remains: is that sustainable? That issue will hurt Taiwan along with the declining birth rate out there. The innovation advantage that Taiwan has had in the past may well be limited in the years ahead unless Taiwan shores up its bilateral trade and investment relations with the U.S.

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Richard L. Thurston, Ph.D. is Of Counsel at international law firm Duane Morris where he practices in the area of intellectual property law from its New York and Taipei offices. Prior to joining Duane Morris, Dr. Thurston was Senior Vice President and General Counsel of Taiwan Semiconductor Manufacturing Company, Ltd., where he was also Chief Proprietary Information Officer (Trade Secrets) and Corporate Compliance Officer.

Kuwait Under Scrutiny for IP Rights Violations

Washington, DC – The U.S. moved Kuwait a notch higher on its Watch List of countries to monitor for potential breaches of U.S. patents, copyrights and other intellectual property (IP) rights.

U.S. Trade Representative Michael Froman said Kuwait had failed to introduce a copyright law in line with international standards and to properly protect copyright and trademarks.

According to the USTR, the status of copyright legislation in that country “hampers the market environment for intellectual-property-intensive industries.”

Kuwait’s “lack of sustained enforcement action” against trademark infringement is another reason for the priority-watch designation, he said.

The U.S., Froman added,  is “encouraged” by reported recent progress on enforcement against copyright infringement, by the country’s recent accessions to several intellectual-property-related treaties and seeks to “engage Kuwaiti authorities on these issues in the contest of the long-standing cooperation” between the two countries, according to the statement.

“The U.S. remains concerned about the lack of sustained enforcement action against trademark infringement and the lack of progress in passage of updates to Kuwait’s copyright legislation, which hamper the overall market environment for intellectual property-intensive industries,” he said.

Kuwait will join 10 countries, including India and China, on the “Priority Watch List,” one rung higher than its current status.

More often than not, say observers, a place on the list signals a higher level of scrutiny and diplomatic pressure to bring policies into line.

11/14/2014

 

Segway Inc. Targets Transporters from China

Bedford, NH – Segway Inc. has filed a major patent case against imports of personal transporters from a number of Chinese companies in Beijing and Shenzhen.

The company is alleging that the personal transporters from China “infringe its utility and design patents” in a complaint that could, according to one source, lead the International Trade Commission (ITC) to issue a ‘general exclusion order,’ prohibiting not only all personal transporters from China, but from any country, as well.

“This patent case will be a very visible high tech case brought by Segway against Chinese imports of Segway like personal transporters,” said William Perry, a partner at the international law firm Dorsey & Whitney.

The company “is also asking the ITC to issue cease and desist orders to prohibit US importers from selling any infringing imports that they brought into the United States,” he said.

Segway is requesting a general exclusion order to exclude all personal transporters from China and other countries and also ‘cease and desist’ orders to stop importers from selling infringing personal transporters in their inventories.

The complaint filed with the ITC lists at least six manufacturers and three distributors that Segway claims are infringing two patents related to the transporter controls, and two for the design of the machines.

The manufacturers named, the complaint says, “intend their products to largely, if not completely, mimic Segway’s personal transporters in operation.”

The manufacturers named in the complaint include Shenzhen Inmotion Technologies Co., Robstep Robot Co. and Ninebot Inc., all of which claim they independently developed their own ‘self-balancing’ transporters without benefit of Segway’s patented technology.

Should Segway win the case, the government could block the competing products made overseas from the US market.

US inventor Dean Kamen introduced the Segway in 2001. His company was eventually acquired by Summit Strategic Investments in 2013.

09/17/2014