Monday, November 13, 2017

11 TPP countries agree to move ahead by suspending 20 provisions (IP included)

Malaysia, together with the 10 remaining Trans Pacific Partnership (TPP) trade deal countries, have agreed that 20 provisions of the TPP agreement -- more known as TPPA in Malaysia -- be suspended to revive the deal, according to Malaysia's Ministry of International Trade and Industry (MITI).

The 11 members -- namely Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam -- also agreed on the text of the agreement, which has been renamed as the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership or CPTPP in short.

"Following the withdrawal of the US from the TPPA deal, the remaining countries have decided the way forward to implement the agreement is by suspending a limited number of provisions, while maintaining the high standard and comprehensive nature of the agreement," MITI said in a statement today.

US President Donald Trump earlier this year turned his back on the TPPA brokered by his predecessor Barack Obama in favor of his “America First” stance.

Following that, the trade deal was in limbo, though many of the remaining members had voiced they were keen to push forward with it when they met at the Asia Pacific Economic Cooperation (Apec) summit this week in Da Nang, Vietnam. But on Friday, there were reports of Canada saying it was not ready to move forward with the trade deal as Prime Minister Justin Trudeau skipped a planned meeting to discuss it, and that talks to revive the agreement had collapsed.

Now, despite Canada's hesitation, MITI said ministers of the 11 countries have agreed on 20 provisions to be suspended, and that a number of issues remain to be finalised before the signing of the agreement, though it did not give a timeline. MITI minister Datuk Seri Mustapa Mohamed highlighted that among the provisions to be suspended that are of interest to Malaysia include biologics, patent term adjustment and copyrights.

To finalise the outstanding issues, he said Malaysia will continue to work closely with other countries in the work programme.

"The signing of the CPTPP will be decided by all parties once all the technical work and outstanding issues are finalised. Following the signing, the agreement is open for ratification. The agreement will enter into force once six signatories have ratified it," the statement read.

MITI stressed that despite the absence of the US, Malaysia still stands to gain benefits from market access to countries like Canada, Peru and Mexico.

“Overall, we believe that the benefits from CPTPP will outweigh its costs in the context of Malaysia. Our continued involvement in the CPTPP is a testament of Malaysia’s commitment to globalisation and multilateralism”, said Mustapa.

Another consideration, he said, is the impact to the local economy should Malaysia decide not to join the CPTPP, while the remaining 10 countries move ahead. "We will not only miss out on the opportunities to strengthen our trade and investment ties with these 10 countries, but also with those countries that have registered their interest to join the CPTPP in future," he said.

“The agreement reached here in Da Nang, Vietnam will be brought back for further engagement with the relevant stakeholders back home," he added. - The Edge

Monday, October 23, 2017

Malaysia, Japan in cooperation to strengthen intellectual property protection

Malaysia will work with Japan to strengthen its local intellectual property (IP) protection mechanism.

Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Hamzah Zainudin said the move included cooperation with Todai Technology Licensing Office Ltd (Todai TLO), a Tokyo University subsidiary, in terms of providing commercial value assessment.

“The initiative will benefit IP owners, and add value as well as enable local IPs to be more widely promoted. The ministry will see how it could find valuers to assess the IPs in our country.

“It will make it easier for them to borrow from a financial institution and prove that their IPs have vast commercial value,” he told Malaysian media after visiting the Japanese Consumers’ Cooperative Union (JCCU) here today.

Aside from TLO and JCCU, Hamzah, who is on a three-day working visit here, also dropped by at Japan Patent Office (JPO) to study how the country, renowned for its innovation, manages and commercialises its intellectual properties.

He noted that the analysis conducted by JPO found that companies which had registered their intellectual properties were able to make more profit compared with those who did not.

Hence, he said, local producers, particularly small and medium enterprises (SMEs) should be aware of the advantage of registering and securing patents for their products and services.

The minister disclosed that he had also directed the Intellectual Property Corporation of Malaysia (MyIPO) to hold further discussions with JPO and Todai. — Bernama

Monday, October 16, 2017

BlackBerry patent licensing director says he has left company

A key attorney executing BlackBerry Ltd’s (BB.TO) patent licensing strategy has left the company, the second recent departure from the team tasked with making money from the Canadian company’s intellectual property.

Victor Schubert, who was a licensing director for BlackBerry, told Reuters in a brief LinkedIn message that he was no longer with the company. He did not say when he left or why.

Monetizing the company’s intellectual property is a key part of Chief Executive John Chen’s plan for turning around the company whose revenues have declined for six straight years as sales of its once ubiquitous smartphones have tumbled.

Company representatives did not respond to requests for comment on Schubert. Two switchboard operators at the Canadian company said his name was not in a global employee directory.

News of his exit follows the recent departure of Mark Kokes, who lead BlackBerry’s overall patent strategy. Kokes last month joined a health technology company.

Schubert joined BlackBerry in March 2015, according to his LinkedIn profile, as the company was embarking on a major push to boost licensing revenue.

BlackBerry is trying to persuade other companies to pay licensing royalties to use its trove of some 40,000 global patents on technology including operating systems, networking infrastructure, acoustics, messaging, automotive subsystems, cybersecurity and wireless communications.

Schubert has created and executed patent-licensing programs for at least four companies, including BlackBerry, dating back to 1992, according to his LinkedIn profile. It lists portfolio mining, patent valuation and negotiating patent sales as areas of expertise.

He was due to represent BlackBerry at a Seattle-area patent conference next month to discuss how operating companies can make money off their intellectual property, according to an agenda posted on the conference website in August. He is no longer listed as a panelist. - Reuters

Monday, September 25, 2017

PPH and PCT-PPH between MyIPO - EPO

The Patent Prosecution Highway (PPH) is an initiative which provides a means of significantly accelerating examination of your patent application if examination work has already been conducted at another patent office.

Under the PPH program, if the claims of your application have been found to be acceptable by a first patent office, you may request accelerated examination of a corresponding application at a second office. The PPH is a procedure whereby patent offices can make use of relevant work already conducted by another office when conducting the patent examination.

PCT-PPH allows favorable claims from PCT which nominate EPO for search to be considered under PPH.

With effect from 1 July 2017, MyIPO starts a pilot PPH/PCT-PPH programs with the Ruropean Patent Office (EPO):

i). MyIPO-EPO PPH pilot program

ii). EPO-MyIPO PPH pilot program

The pilot program will run for three years.

Monday, September 18, 2017

Malaysia Patent Information in Patentscope

According to WIPO, the national patent information of Brunei, Cambodia, Philippines, Indonesia, Malaysia and Thailand are now available in WIPO’s global patent search system PATENTSCOPE, since 30 Aug 2017. This brings to 51 the number of national/regional offices whose data is available in the PATENTSCOPE Search System and to over 65,000,000 the total number of records.

I have conducted a search for Malaysia patent information in Patentscope. Bibliography and patent abstracts are listed for patent applications and patent granted in Malaysia. Full description, claims and drawings are not available.

Thursday, September 14, 2017

Businesses using trademarks contribute 30 pct to Malaysia's economy

Trademark-intensive businesses in Malaysia generated 30 per cent direct and 60 per cent indirect benefits to the economy, said International Trademark Association (INTA).

INTA chief representative of Asia-Pacific Seth Hays cited the latest study, conducted from 2012 to 2015, by Frontier Economics, highlighting trademark-intensive activities contribute technological innovation and international business growth.

When asked on the 30 per cent direct and 60 per cent indirect contributions to Malaysia’s economy, Hays explained when trademark-intensive activities are extensively promoted within the business community, government and consuming public, it results in immense cross sectoral economic growth.

"Trademark-intensive industries in Malaysia comprised 55 per cent of the country's share of exports, including manufacturing of computers, electronics and related equipment, which accounted for about 19 per cent of total manufacturing value-add,” he said.

Hays was speaking in a media briefing here today, after presenting ‘The Economic Contributions of Trademark-intensive Industries in Indonesia, Malaysia, the Philippines, Singapore and Thailand’ report.

Also present were Shook Lin & Bok deputy managing partner Michael Soo, MyIPO deputy director general Zulkarnain Muhammad and MyIPO assistant director general Azahar Abdul Razab.

"In terms of employment, output, and value-added, workers' share of workforce represented 24 per cent of total employment," Hays said.

Soo concurred and said trademark registration, brand development and enforcement of intellectual property protection will continue its significance as Malaysia embrace a knowledge-based digital economy.

Soo highlighted homegrown brands trademarks that are growing in brand value globally include Petronas, Maybank, CIMB, Malaysia Airlines, AirAsia, Sime Darby, Shangri-la, Genting Resorts and Maxis.

Emerging brands and trademarks, which are growing regionally, including Proton, Perodua, Mamee snacks and Vochelle chocolates. - Ooi Tee Ching, New Straits Times

Wednesday, September 6, 2017