Recent trends in IP Strategy – an excerpt from London talk
In response to a few emails, here’s is the text from two of the slides from the talk I recently gave in London on recent trends in IP Strategy around the world.
Recent trends – trolling around the world
Patent ‘trolls’ vs NPE’s
USA… (MercExchange, NTP, Eolas, etc. etc. etc)
- DSS v European Central Bank – UKx, FRx, DE√ (validity),
- IP-Com v Nokia – DE (a good start)
EP vs USA – Market size(s); Costs; Injunctions
Japan – ADC Tech(x), no 3x damages, judicial stability(?)
In essence – trolling works in the US because of the system there. It hasn’t traditionally worked in Europe for the same reason. Having said that, IP-Com v Nokia may be the start of something, especially since the threat of a permanent injunction after 9-12 months with contest validity is pretty severe. DSS hasn’t worked out so well to date – but as Duncan Curley pointed out, they only have to win in one European jurisdiction – they are litigating over the Euro itself. Trolling doesn’t work so well in Japan, as was proven in the ADC Tech case.
Recent trends – public involvement in IP reform
Grand Strategy, IP Strategy and the landscape
- Copyright reform and FaceBook groups
- GSK v Dudas
- Patent reform bill
- Presidential election…
For clients, then…
There can be enormous strategic benefit in actively participating in reform of the governing intellectual property systems around the world. You can change the ‘Terrain‘ – which is an incredible opportunity. Michael Geist’s efforts in Canada have been an incredibly interesting recent example of how the internet can be used to this end. We spoke briefly about recent moves in the US in this regard and then moved on some thoughts on how to assist clients with all of this.