COURSE ON INTELLECTUAL PROPERTY LAW ICT International Doctorate School ICT International Doctorate School Department of Information and Communication Technology Department of Information and Communication Technology University of Trento academic year 2005/2006 (Lecturer: avv. Maria Cristina Osele)

M.C. Osele - Course IP Law Course on Intellectual Property Law Lecture no. 10 An overview of Case studies in UNITN-DIT, IP in some Asian country, in Europe and FP7 Conclusion of the course October 12, 2006 from 4.00 p.m. to 6.00 p.m

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in Japan Japan Japan's intellectual property system is the top of its agenda. Its main transformation increased since 2002, when Prime Minister Koizumi declared that Japan should be Known as an IP nation. Its main transformation increased since 2002, when Prime Minister Koizumi declared that Japan should be Known as an IP nation. The main steps in the development of IP Laws are referred to several “strategical outline” adopted in the Strategic Program for the Creation, Protection, and Exploitation of Intellectual Property from 2002, to The last one is the "Strategic Program 2005“ issued last june. Strategic Program for the Creation, Protection, and Exploitation of Intellectual Property Strategic Program for the Creation, Protection, and Exploitation of Intellectual Property Key issues concerning the transformation include, among other things making the procedures at the Japan Patent Office ("JPO") more efficient strengthening the systems for dispute resolution making the procedures at the Japan Patent Office ("JPO") more efficient strengthening the systems for dispute resolution promoting the international protection of and cooperation on IP promoting the international protection of and cooperation on IP restructuring the environment for managing IP at the university level restructuring the environment for managing IP at the university level encouraging anti-counterfeiting activities throughout Asia and implementing stronger border control in Japan encouraging anti-counterfeiting activities throughout Asia and implementing stronger border control in Japan expanding the merchandising and contents business (for example cartoons, games software and films) expanding the merchandising and contents business (for example cartoons, games software and films) establishing specialist IP courts. establishing specialist IP courts.

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in Japan Japan Copyright The Copyright Law of Japan protects literal, scientific and artistic works and also computer programs and databases. As in Europe and in U.S. Copyright Law of Japan protects not only the fixed works but also idea underlying in the work. Japan is a signatory of the Berne Convention. Patent The Patent Law of Japan grants protection for inventions in many fields, including computer programs, business methods, new variety of plants and microorganisms and animals with particular characteristics, in any case with the standard of industrial applicability, novelty and inventive step and without prior art or in other way disclosed in the official Patent Gazette. The Japan Patent Office (JPO) works on the first-to-file method and in accordance with the PCT procedure. Japan signed the Paris Convention. Japanese Patent Law provides direct infringement and indirect infringement and Japanese Courts applies the doctrine of equivalents as in U.S.A.

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in Japan Japan Trademark Under the Trademark Law of Japan the protection of trademark is granted upon completion of the registration process, referred to goods or services. The JPO registers the trademark within 18 months form the date of application upon the requirements of originality, not in confusion of other trademarks and not misdescriptive mark or repugnant to public policy. JPO has accepted international application in accordance with the Madrid Protocol. The duration of trademark is 10 years from the date of registration. Unfair Competition In Japan the Unfair Competition Prevention Law provides 15 types of unfair competition and 3 types of passing-off (using similar indication, using well-known similar indication, dealing dead copy products).

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in India India India is a member of World Trade Organisation (WTO) and a signatory of the TRIPS Agreement. India is quickly modifying its IP laws in order to ensure better protection to the IPR. Copyright Copyright As in Europe and in U.S., also in India copyright exists only for work (fixation) and not only for idea. India signed the Berne Convention and so there is fully reciprocity with the other signatories in case of infringement. Software piracy in India has recently reduced from 90 per cent to 60 per cent. Patent Patent Indian government is carrying out some amendments to the Patents Act, after the India’s Patent Act of 1970, and the Patent Rules of The Bill amendment, pending for the approval, is expected to grant patent (20 years duration) in many field of technology and changes related to security, enhancement of knowledge and removal od exclusive marketing rights (EMR) where India has a great deal of litigation. (Patent growth from 2000 to 2001: 103%!)

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in India India Trademark Trademark India approved its Trademark Acts in 1999 and Trademark Rules in 2002, in compliance with TRIPS Agreement. If a trademark owner uses its trademark illegally or in respects of the goods or service to which it is referred, he loses his right. The removal is provided also in case of non – use for 5 years and 1 month (see Jupiter Infosis LTd v. Infosys Technologies Ltd). Recently High Court of Dehli restrained Colgate Palmolive India from boradcasting an advertisement of a tooth powder similar to the Dabur India Ltd’s one. Dabur v. India Limited v. Colgate Palmolive India Ltd. Domain Names Domain Names Suprem Court of India states that domain names are subjected to the trademark laws, with the only difference that the name is used in internet. Case Law, Satyam Infoway Ltd. v. Sifynet Solutions Pvt, Ltd

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in China China The Chinese government has recognized the importance for its long- term growth of protecting foreign investments in intellectual property and has developed copyright laws modeled on international standards as a first step towards effective protection of intellectual property rights (IPR). The Chinese government has recognized the importance for its long- term growth of protecting foreign investments in intellectual property and has developed copyright laws modeled on international standards as a first step towards effective protection of intellectual property rights (IPR). Since 2002 China has strengthened its legal framework and modified its intellectual law to comply with the WTO’s Agreement in TRIPS. Under the new legal framework the main challenge was the enforcement of the provisions and specialised IP sections in the main courts. Since 2002 China has strengthened its legal framework and modified its intellectual law to comply with the WTO’s Agreement in TRIPS. Under the new legal framework the main challenge was the enforcement of the provisions and specialised IP sections in the main courts. China has patterned its IPR laws on international treaties: the Berne Convention and the World Trade Organization's 1995 Agreement on TRIPS Agreement. In signing the Berne Convention in 1992, China accepted to develop more stringent intellectual property protections and to assure foreign intellectual property rights holders equal treatment under those laws. China has patterned its IPR laws on international treaties: the Berne Convention and the World Trade Organization's 1995 Agreement on TRIPS Agreement. In signing the Berne Convention in 1992, China accepted to develop more stringent intellectual property protections and to assure foreign intellectual property rights holders equal treatment under those laws.

M.C. Osele - Course IP Law An Overview of IP in some Countries in the Asia-Pacific World An Overview of IP in some Countries in the Asia-Pacific World An overview of IP in China China Copyright Copyright In 2003 in China have been promulgated implementing measures for administratives penalities on copyright infringement. As in the United States, the PRC has chosen to protect software under copyright law rather than trade secrets, patent, or contract law. Patent Patent Chinese Patent Law provides protection for inventions, utility models and designs if novelty, industrially applicable and with inventive. (Patent growth from 2000 to 2001: 188%!) Trademark Trademark In 2003 came into effect the Trademarks Ordinance to overhaul and modernise the legislative regime for trademarks, introducing new registration regime, new criteria and procedure and a specific protection for well-known marks, even though the new Ordinance deals with the ambiguity relating to parallel imports.

M.C. Osele - Course IP Law Case Law and Case Studies Key issues of a Joint Research agreement Key issues of a Joint Research agreement 1.DIT- UNITN Some Agreement 2.DIT- UNITN Agreement of the Associated European Laboratory (LEA) " Interdisciplinary Laboratory on Interacting Knowledge Systems "ILIKS ILIKS “Background IPR” means:  all IPR owned by or licensed to X.. or Y.. at the date hereof in respect of technology which has been developed by the and which relates to the Joint Research;  any IPR arising in any technology which is developed solely by personnel of X or Y after the date hereof which relates to Joint Research. However, Background IPR excludes any IPR produced by X or Y personnel who assist or collaborate with the Research Centre in relation to the Joint Research and such IPR shall belong to the Research Centre.

M.C. Osele - Course IP Law Case Law and Case Studies Key issues of a Joint Research agreement Key issues of a Joint Research agreement “Foreground IPR” means:  all IPR produced by Research Centre Personnel or otherwise by or on behalf of the Research Centre in carrying out the Joint Research;  all IPR produced by X and Y personnel who assist or collaborate with the Research Centre in relation to the Joint Research;  any improvements made by any person referred to in (a) or (b) above in any Background IPR if that improvement is made in the course of carrying out the Joint Research;  any patent or other registered protection at any time applied for (and any rights granted pursuant to any such application to protect any IPR referred to in (a), (b) and (c) above. However, Foreground IPR excludes any IPR produced solely by the personnel of X or Y after the date hereof which relates to the Joint Research.

M.C. Osele - Course IP Law Case Law and Case Studies Case Law and Case Studies Key issues of European Commission Key issues of European Commission For IPR in FP7 Comments made during the IPR workshop of the Luxembourg conference 16/ Comments made during the IPR workshop of the Luxembourg conference 16/ Comments Issues to be considered in FP7 Issues to be considered in FP7 Issues “Intellectual Property Rights (IPR)” Commission staff working paper May 2005 Commission staff working paper May 2005working paper working paper

M.C. Osele - Course IP Law Some University Intellectual Property Websites University of Stanford University of Stanford University of Stanford University of Stanford 1.Stanford Program in Law Science and Technology Stanford Program in Law Science and TechnologyStanford Program in Law Science and Technology 2.Stanford Law School Center for Internet and Society Stanford Law School Center for Internet and SocietyStanford Law School Center for Internet and Society 3.Stanford University's Fair Use and Copyright Page Stanford University's Fair Use and Copyright PageStanford University's Fair Use and Copyright Page University of Berkeley - Center for Law and Technology University of Berkeley - Center for Law and Technology University of Berkeley - Center for Law and Technology University of Berkeley - Center for Law and Technology University of Maryland – Maryland Intellectual Property Legal Resource Center University of Maryland – Maryland Intellectual Property Legal Resource Center University of Maryland – Maryland Intellectual Property Legal Resource Center University of Maryland – Maryland Intellectual Property Legal Resource Center Berkman Center for Internet & Society Berkman Center for Internet & Society Berkman Center for Internet & Society Berkman Center for Internet & Society Oxford Intellectual Property Research Centre Oxford Intellectual Property Research Centre Oxford Intellectual Property Research Centre Oxford Intellectual Property Research Centre Institute for Intellectual Property, Tokyo Institute for Intellectual Property, Tokyo Institute for Intellectual Property, Tokyo Institute for Intellectual Property, Tokyo

M.C. Osele - Course IP Law Websites linked in the Course follow

M.C. Osele - Course IP Law Websites linked in the Course ttp:// ttp:// ttp://

M.C. Osele - Course IP Law Discussion about the Course... Some suggestion for the future? Some suggestion for the future? How to do it better? How to do it better? The most interesting matters The most interesting matters The most difficult matters The most difficult matters

M.C. Osele - Course IP Law Thank you!