How Apple won a cross-border injunction
26 August 2011, London
Cross-border injunctions in preliminary proceedings are alive and well in the Netherlands, judging by this week’s decision in a dispute between Apple and Samsung
On Wednesday a judge in The Hague District Court granted Apple a two-part injunction blocking sales of three smartphones (Galaxy S, S II and Ace) by Samsung's Dutch companies on the basis of a single European patent. The injunction applies in the Netherlands and other jurisdictions where the patent is valid.
One Dutch IP lawyer who spoke to Managing IP yesterday called the decision "bold" but added that Judge Edger Brinkman is respected and has a technical background.
The patent, EP2059868, for "portable electronic device for photo management", is valid in several European countries, including Germany, Sweden and the UK as well as the Netherlands. It describes a two-stage swiping movement used to manage photos on smartphones.
But Samsung can also claim a victory after the judge found that none of the other rights asserted by Apple were infringed.
He held that one patent (EP2098948) for a multi-point and multi-touch...
Australia to review innovation patents
26 August 2011, London
The Australian government has launched a review of the country’s innovation patent system, 10 years after it came into effect
The Advisory Council on Intellectual Property (ACIP) - an independent body set up by the government - has published an issues paper and called for submissions.
The Australian government replaced its petty patent system with innovation patents in 2001. Innovation patents are designed to encourage more patent filing among individuals and SMEs by providing protection for lower level inventions.
An innovation patent can contain no more than five claims. The standard of patentability is an innovative step, which is lower than the level for a standard patent. There is no substantive examination before grant, but if a patent owner wants to enforce its right it has to pay for it to be examined and certified.
Infringement remedies...
Asia-Pacific IP Forum: speakers named
26 August 2011
Managing IP’s 8th Annual Asia-Pacific IP Forum takes place on September 29th at the Kowloon Shangri-La in Hong Kong, with more than 200 in-house counsel, officials and advisers expected to attend
Ada Leung, deputy director of intellectual property at the Hong Kong Intellectual Property Department, and Albert Ho, head of the Intellectual Property Investigations Bureau at Hong Kong Customs, will be keynote speakers at the 8th Annual Forum.
The conference will cover IP enforcement strategies across the region, with focus sessions on enforcement in China, India and Southeast Asia.
Speaking on the China enforcement panel will be Oliver Lutze of Bayer alongside Elliot Papageorgiou, He Fang and Fabrice Mattei of Rouse. They will share insights on where and when to litigate as a plaintiff, how to prepare as a defendant in patent litigation, and comparisons between the China and Asean patent litigation scenes.
On the Southeast Asia session, Chew Kherk Ying, Celeste Ang and Adolf Panggabean will discuss the legal landscape in Indonesia, Malaysia and Singapore, focussing on the impact of regional IP agreements on enforceability in the region.
Anuradha Salhotra and Doyel Sengupta of Lall Lahiri & Salhotra will look at enforcement strategies in India, dealing with Customs and local authorities, and the advantages and disadvantage of remedial options in India.
In addition to these topics, Joe Thymian of Melbourne IT will lead a session on new gTLDs. He and Dennis Cai from the Hong Kong International Arbitration Centre will explain how to apply for a new gTLD, provide tips for protecting against cybersquatters, and debate how to succeed in a gTLD dispute.
Finally, the last session of the day features an in-house panel discussion on strategies for managing investigations. Managing IP's Peter Ollier will pose questions to the panel, including Mayank Vaid of LVMH, on how best to work with investigators, local authorities and law enforcement.
Managing IP would like to thank the Forum sponsors: Lall Lahiri & Salhotra, Mayer Brown, Melbourne IT, Rouse and Wong & Partners, and supporting associations: APICC, Hong Kong International Arbitration Centre, Hong Kong Corporate Counsel Association and the Intellectual Property Rights Protection Alliance.
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