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HEADLINES INDIA

US puts India, Pak on IPR watch list

Planning Commission calls for grant of more compulsory licenses to ensure drug security

Import of patented goods without IPR holder’s authorisation okay: Finmin

Suven Life's NCEs receives patent from Japan, Australia, Europe & Eurasia

Venus Remedies' carbapenem and aminoglycoside antibiotic combo gets South African patent

Transgene Biotek gets satisfactory results from its TrabiOral technologies

India’s Copyright Amendment Bill passed

HC asks Mumbai firm to pay Rs 2 lakh to Microsoft

HEADLINES CHINA

New measures for compulsory licensing in force

Google wins Chinese approval for Motorola Mobility bid

Vycor Medical Granted Patent Rights for View Site Brain Access System in China

Golf R Cabriolet Debuts in Chinese Patent Office

Thwapr Takes Steps to Protect Its Patent-Pending Technology in China

Arcadia Biosciences Receives Second Key Chinese Patent for Nitrogen Use Efficiency Technology

Farmer applies for patent on do-it-yourself RV

Apple Wins Design Patents in China & Smart Cover TM in US

HEADLINES JAPAN

Fluxome's new patent unveils opportunities in Japan

Nichia Appeals Against Japan Patent Office’s Ruling on Everlight Case

Japanese court invalidates a number of claims on two Universal Display Japanese patents

Bone Medical Granted Japanese Patent

Japan Patent Office to Accept “Dietary Supplements” in Class 5

Taiwan-Japan PPH Effected on May 1, Patent Examination Duration Reduced from 41 to 12 Months

Secrets of patent applications in Japan revealed

Suven Life Sciences Gets 4 Product Patents In Japan, Australia, Europe And Eurasia

EDITORIAL

TTC UPDATES

NEWS INDIA NEWS CHINA NEWS JAPAN EDITORIAL

© TT Consultants, 2012. All rights reserved – privileged and confidential

US puts India, Pak on IPR watch list

The US government has put India, China and Pakistan

along with 10 other countries on the "intellectual property

watch list" for failing to prevent the theft of copyrighted

property. Other nations on the watch list are Canada,

Argentina, Algeria, Chile, Indonesia, Israel, Russia, Thailand,

Ukraine and Venezuela.

These countries will be the subject of particularly intense bilateral engagement during the coming year,

US Trade Representative Ron Kirk said in a statement, releasing the annual "Special 301" Report on the

adequacy and effectiveness of US trading partners' protection and enforcement of IPR.

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Planning Commission calls for grant of more compulsory licenses to ensure

drug security

The Planning Commission has called for getting more compulsory licenses issued for patented

and expensive drugs with a view to build up drug security in the country. “In consultation with

concerned Ministries, local production of bulk drugs and vaccines should be encouraged to build “drug

security” in the country. The Ministry of Health and Family Welfare should identify and get

compulsory license issued for patented expensive drugs required for public health programmes, and

encourage their manufacture in the country,” according to the report of the Steering Committee of the

Planning Commission, ahead of finalising the Plan document.

In March, the Patent Office had granted the country‟s first compulsory license to Hyderabad-based drug-

maker Natco, allowing it to make and sell in India, a similar version of Bayer's Nexavar, an advanced

kidney cancer drug.

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NEWS INDIA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Import of patented goods without IPR holder’s authorisation okay: Finmin

Imports of goods protected by patent or trademarks are permitted even without authorisation of

the Intellectual Property Rights (IPR) holder, according to the finance ministry.

The clarification was given with the dispute between global personal computer maker Dell and traders

who were sought to be stopped by the US-based company, which claimed the shipment would lead to

infringement of its IPR, as the backdrop.

The directive from the Central Board of Excise and Customs (CBEC) follows representations from the

traders seeking clarity on the issue, also referred to as „parallel imports‟. The CBEC has directed the

customs officials to decide cases of parallel imports on the basis of the concerned legislation which do

not forbid parallel imports.

Read More Go To Top

Suven Life's NCEs receives patent from Japan, Australia, Europe &

Eurasia

Suven Life Sciences Ltd (Suven), Hyderabad-based biopharmaceutical company, has received

four product patents, one each from Japan (4886522), Australia (2008315309), Europe (2200980) and

Eurasia (16015) corresponding to the New Chemical Entities (NCEs) for the treatment of disorders

associated with neurodegenerative diseases and these patents are valid through 2024 and 2027.

The granted claims of the patents include the class of selective 5-HT compounds discovered by Suven

and are being developed as therapeutic agents and are useful in the treatment of cognitive impairment

associated with neurodegenerative disorders like Alzheimer‟s disease, attention deficient hyperactivity

disorder (ADHD), Huntington‟s disease, Parkinson and schizophrenia.

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NEWS INDIA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Venus Remedies' carbapenem and aminoglycoside antibiotic combo gets

South African patent

Venus Remedies Limited, a leading research based global pharmaceutical company, has received

its first patent for a novel antibiotic combination of carbapenem and aminoglycoside from CIPRO

(Companies and Intellectual Property Registration Office) South Africa. Overall, Venus has a total tally

of over 80 patents for its innovative research products across the globe. The company is working on

innovating new technologies and drugs to eradicate the most fatal diseases in the world.

Commenting on this achievement, Dr Mufti Suhail Sayeed, vice president - VMRC, Venus Remedies

Limited said that the company has made considerable progress to treat serious multi-bacterial infectious

diseases through its novel antibiotic combination of carbapenem and aminoglycoside.

Read More Go To Top

Transgene Biotek gets satisfactory results from its TrabiOral technologies

Transgene Biotek has received satisfactory results from its proprietary oral delivery technology,

TrabiOral, for the delivery of insulin in the animal efficacy studies conducted on diabetic rats in

Hyderabad recently. TrabiOral demonstrated sustained optimal glycemic levels for around 10 hours

following the oral dosage of insulin.

TrabiOral has shown controlled and sustained release of the active molecules, which would

result in much better control of administration through maintenance of steadier plasma levels, and often

decrease side effects by reducing peak plasma levels. TrabiOral is the result of over 10 years of intense

R&D work by Transgene on oral delivery technologies, and combines several novel inventions to

produce an orally active transport system that is capable of transporting insulin and other drugs across

the intestinal epithelium into systemic circulation. The company has filed patents on this breakthrough

technology platform

Read More Go To Top

NEWS INDIA

© TT Consultants, 2012. All rights reserved – privileged and confidential

India’s Copyright Amendment Bill passed

Copyright Amendment Bill has been passed by India's upper

house of parliament bringing cheer to music directors and lyricists who

will now have a share of the profits earned from their work. This is a

hallmark moment for India's creative industry.

Thursday 17th May 2012 was a victorious and historic day for

Indian music composers, directors, musicians, lyric writers and all other

copyright holders involved with Indian music. The Rajya Sabha

(Council of States) which is the upper house of the Parliament of India

passed the much talked about bill amending Copyright laws in India. The Bill got passed with support

from RS member Jaya Bachchan, BJP‟s Arun Jaitley, Congress‟s Kapil Sibal and Left members.

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HC asks Mumbai firm to pay Rs. 2 lakh to Microsoft

The Delhi High Court has stopped a Mumbai-based firm from selling computers loaded with

Microsoft software programmes like Windows 7 etc and has imposed a fine of Rs 2 lakh on it for

breaching the intellectual property rights of the software giant. Accepting Microsoft Corporation‟s plea,

judge Manmohan Singh granted permanent injunction to M/s Gizgahertz and its proprietor Nimesh from

using Microsoft hard-disk in its computers and selling them to the customers.

“The defendant (company) is restrained from copying/ reproducing, hard-disk loading on

computers, selling/ offering for sale/ distributing/ issuing to the public pirated/ counterfeit/ unlicensed

versions of Windows Vista, Microsoft Office 2007 or any other software of the plaintiffs in any manner,

so as to infringe the plaintiff‟s copyright,” Singh said.

Read More Go To Top

NEWS INDIA

© TT Consultants, 2012. All rights reserved – privileged and confidential

New measures for compulsory licensing in force

On 1 May 2012, new "Measures for Compulsory Licensing of Patent Implementation" entered

into force in China. This document replaces two earlier regulations (from 2003 and 2005) and brings the

current measures into line with the revised Chinese patent law, which has been in force since October

2009.

Background information can be found on the English "IPR in China" website. The official

Chinese version of the measures can be found on SIPO's website. The corresponding chapter VI of the

Chinese patent law deals with the subject of compulsory licenses.

Read More Go To Top

Google wins Chinese approval for Motorola Mobility bid

Chinese regulators have approved Google's $12.5bn

(£7.9bn) purchase of US phone maker Motorola Mobility,

the final hurdle for the deal to go through. Chinese

authorities said Google must keep its mobile software,

Android, free for other device makers for up to five years.

The acquisition would be Google's biggest ever. It

has already won clearance from US and European regulators. Google's purchase of Motorola Mobility

allows it to move into the manufacturing of phones and tablet computers for the first time. It also gives

Google access to more than 17,000 of the company's valuable patents, which will help it defend itself

and Android phone manufacturers in patent disputes.

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NEWS CHINA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Vycor Medical Granted Patent Rights for ViewSite Brain Access System in

China

BOCA RATON, FL--(Marketwire - 05/17/11) - Vycor Medical, Inc. (OTC.BB: VYCO - News),

a medical device company that designs, develops and markets next generation neurosurgery devices,

announced today that its China Patent Application No. ZL200680056889.9 has been granted. This action

provides Vycor patent rights with respect to its innovative ViewSite Brain Access System (VBAS) in

China. ViewSite Brain Access System (VBAS) is the Company's first product, a new generation system

that allows surgeons access to deep lesions in the brain. Kenneth Coviello, Vycor's CEO, commented,

"We are very pleased with the news of the patent protection we have received in China. Vycor has

applied for SFDA approval in China which would allow us to begin marketing. We are hopeful this will

also be granted in the near future. "In contrast to development in other surgical technologies, the

Company's product addresses a market that has not changed materially in over 50 years.

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Golf R Cabriolet Debuts in Chinese Patent Office

The Golf has been doing exceptionally well in the Chinese market with around 10k sales each

month, the GTI is not doing too bad either with an average of 500 sales per month, we don‟t have stats

for the Golf R but the 370,000RMB beast has past us more than a few times on the road, so we can

presume its holding its own as well. The Golf R is a special car, it looks like a regular Golf but will rip

up tarmac faster than an Irish man trying to relay your drive, it sounds like the four horses of the

apocalypse are bearing down on you and also seats 5, a fantastic family car then.

The Golf R Cabriolet will let you feel the wind in your hair, and likely give you some serious ear

damage when it hits the market. The Chinese patent office was kind enough to let us know what the

forthcoming road going beast will look like when it hits the market, we have no idea when it will hit the

market but end of the year is likely.

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NEWS CHINA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Thwapr Takes Steps to Protect Its Patent-Pending Technology in China

LAS VEGAS, May 31, 2012 /PRNewswire/ -- Thwapr, Inc. (OTCBB: THWI), a mobile video

sharing company, today announced that it is investing in Intellectual Property (IP) protection to

strengthen its strategy for China.

Thwapr is aware that the Intellectual Property landscape in China requires specific knowledge to

navigate. The scope, documentation, application, and approach differs from that in the United States; as

a result, obtaining the guidance of a reputable and experienced team who knows the Chinese patent

process, has familiarity with US Patents, and understands technology applications is critical to assist in

crafting the best approach for China. China allows three forms of patents: invention patents, design

patents, and utility model patents.

Read More Go To Top

Arcadia Biosciences Receives Second Key Chinese Patent for Nitrogen Use

Efficiency Technology

DAVIS, Calif.--(BUSINESS WIRE)--Arcadia

Biosciences, Inc., an agricultural technology company

focused on developing technologies and products that

benefit the environment and human health, today announced

that the State Intellectual Property Office of China has

issued the company a key patent for technology critical to

controlling Nitrogen Use Efficiency (NUE) gene function.

The patent adds to the company‟s Chinese patent portfolio,

which includes patents in both nitrogen use efficiency and

salt tolerance, and is another key step in the company‟s efforts to help Chinese farmers improve on-farm

economics, reduce greenhouse gas emissions, and enhance China‟s food security initiatives.

Read More Go To Top

NEWS CHINA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Farmer applies for patent on do-it-yourself RV

A farmer in Shaanxi province in Northwest China spent around 300,000 yuan ($47,000) to turn a

van into a recreational vehicle and has submitted a patent application for his creation. Wang Donghu,

49, a villager in Anfeng village in Pucheng County has studied technology since he was a teenager. One

day in January, he came up with the idea to build a recreational vehicle capable of driving around the

country. "I took my van, which was used to send fish produced in my fish ponds as the main material for

my RV, and successfully realized my dream after months of hard work," Wang told China Daily on

Tuesday.

Read More Go To Top

Apple Wins Design Patents in China & Smart Cover TM in US

China's Hong Kong IP

Department has officially

published a series of four newly

registered design patents for

Apple Inc. The designs cover

two designs in both black and

white and in color. One of the

designs now integrates the

Apple logo right into the retail

display. In other IP News, the

US Patent and Trademark Office

has officially published Apple's

"Smart Cover" as a registered

trademark. And in closing, our report takes a quick look back at Steve Jobs presenting the new Smart

Cover for iPad 2.

Read More Go To Top

NEWS CHINA

© TT Consultants, 2012. All rights reserved – privileged and confidential

Fluxome's new patent unveils opportunities in Japan

Stenlose, Denmark: 8 May 2012 - The Japanese patent office has granted Fluxome a new patent

on the production technology of PUFA.

"As Fluxome continues to expand, recently with Fluxome® Resveratrol entry into the European

market, the patent granted in Japan for Fluxome® PUFA unveils promising opportunities in Asia" says

Fluxome President and CEO, Ms. Angela Tsetsis. "We are excited about the new opportunities that will

follow in Japan and we keep looking at Asia as a key market to our natural and premium ingredients".

"This patent places Fluxome's technology and products in a strong position" says Bo Stenhuus,

Vice President Compliance at Fluxome. He adds "Such a patent covers an exclusive production

fermentation method using safe baker's yeast and sugar to produce high quality natural ingredients from

eco-friendly sources".

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Nichia Appeals against Japan Patent Office’s Ruling on Everlight Case

Taipei, June 5, 2012 (CENS)--Nichia Corp.‟s counsels yesterday held a press conference in

Taiwan to announce that the company has lodged an appeal with the Supreme Court of Japan against a

Japan Patent Office‟s ruling in favor of Everlight Electronics Co., Ltd. in a patent dispute with it.

According to Everlight, Japan Patent Office rendered a decision on May 8 this year, holding that

the patent JP3503139 is invalid. Everlight, currently the world‟s No.1 LED packager in terms of

production capacity, said the ruling includes invalidation of Claim 1, which is the main claim of the

patent at issue. Nichia‟s counsels pointed out that among the disputed 19 patents that Everlight

denounced to Japan Patent Office against Nichia is the one concerning the white LED technology using

the yellow YAG phosphor and blue chip.

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© TT Consultants, 2012. All rights reserved – privileged and confidential

NEWS JAPAN

Japanese court invalidates a number of claims on two Universal Display

Japanese patents

According to a filing with the SEC Universal Display has received notification that the Japanese

High Court has invalidated a number of claims of inventions in two patents

Patent number Title

JP3992929 (JP „929

patent)

Very high efficiency organic light emitting devices based on

electrophosphorescence

JP4511024 (JP „124

patent) Highly transparent non-metallic cathodes

On May 16, 2012 Universal Display learnt that the Japanese High Court issued a decision

relating to the JP „929 Patent confirming the prior decision of the Japanese Patent Office (JPO) to

invalidate the broadest claims in the patent, other narrower claims in the invention where acknowledges

as valid.

Read More Go To Top

Bone Medical Granted Japanese Patent

Bone Medical Ltd (BNE), an international biopharmaceutical company focused on the

development of important new medicines for the treatment of musculoskeletal diseases like osteoporosis

and arthritis, is pleased to announce that it has received notice that its Axcess II oral peptide formulation

technology patent has been granted in Japan.

Dr. Roger New, Chairman and Chief Scientific Officer, and the inventor of the Axcess

technology, commented, “Axcess II provides important coverage for our proprietary oral peptide

products Capsitonin, oral calcitonin for osteoporosis and arthritis pain, and CaPTHymone, oral

parathyroid hormone for osteoporosis.

Read More Go To Top

NEWS JAPAN

© TT Consultants, 2012. All rights reserved – privileged and confidential

Japan Patent Office to Accept “Dietary Supplements” in Class 5

Abstract

The JPO (Japan Patent Office) has adopted the 10th edition of Nice Classification and changed

its practice to accept the description of “dietary supplements” for processed food for health aid in Class

5. This new practice has been applied to the trademark applications filed after January 1, 2012.

However, for the applications which were filed before January 1, 2012 and are pending for examination

in the JPO at present, they shall be examined under the old practice.

Old practice

Under the old practice, the JPO never accepted the description of “food supplements” nor

“dietary supplements” for the processed food for health aid. Applicant used to use an acceptable

description of “processed food” in Class 29 or 30.

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Taiwan-Japan PPH Effected on May 1, Patent Examination Duration

Reduced from 41 to 12 Months

From May 1, 2012 on, if a patent applicant applies PPH with the Taiwan IPO after obtaining

approval from Japan for the same patent, the examination will be completed within approximately 1.1

monthsThis is beneficial for manufacturers with a large amount of patent applications in Japan such as

AU Optronics, Foxconn, etc.

Another system that is currently implemented in Taiwan is the "Accelerated Examination

Program (AEP)", according to which, if an applicant requests an acceleration of examination in Taiwan

after obtaining a patent approval or receiving a notice of examination opinions/search report from the

Japan IPO, then it will take only about 2.5 months to complete the examination.

Read More Go To Top

NEWS JAPAN

© TT Consultants, 2012. All rights reserved – privileged and confidential

Secrets of patent applications in Japan revealed

Tokyo (SCCIJ) - At the April SCCIJ luncheon, Japanese patent

attorney Mr. Felix Einsel, Managing Partner of Sonderhoff & Einsel,

explained how companies can achieve an edge over their competitors

with a smart filing and enforcement strategy in the area of industrial

property rights. In particular, Einsel proposed some simple rules that

can provide Western companies a greater competitiveness in the Japanese market.

Intellectual property

Einsel started with an introduction to the complicated but important world of property rights. The

area of industrial property covers patents, utility models, design patents and trademarks. If copyrights

are included, the area is called intellectual property. "Applications are only necessary for industrial

properties", Einsel explained the difference.

Read More Go To Top

Suven Life Sciences Gets 4 Product Patents in Japan, Australia, Europe

and Eurasia

India's bulk manufacturer of Drug intermediates, Actives and fine chemicals, Suven Life

Sciences Ltd has been awarded four product patents, one each from Japan (4886522), Australia

(2008315309), Europe(2200980) and Eurasia(16015) for its New Chemical Entities (NCEs).

These NCEs are for the treatment of disorders associated with Neurodegenerative disorders like

Alzheimer's disease, Attention deficient hyperactivity disorder (ADHD), Huntington's disease,

Parkinson and Schizophrenia. Now, Suven Life Sciences is holding a total of five granted patents from

Japan, Fourteen from Australia, Twelve from Europe and ten granted patents from Eurasia.

Read More Go To Top

© TT Consultants, 2012. All rights reserved – privileged and confidential

NEWS JAPAN

America Invents Act

With US being the bellwether of innovations worldwide, radical changes in global patent arena

are surely expected as American Invents Act (AIA) comes into force beginning September 16, 2012.

America Invents Act (AIA), which has replaced the current “first to invent” system with “first inventor

to file” system, has broadened the scope for challenging patents. Under the new law, third parties will be

able to intervene and request “post grant review”, within 9 months of issuance and “inter-partes review”,

after nine months of issuance. Changes in AIA allow challenging a patent application at various stages

before it is granted.

With pre grant submissions coming into effect, it is time to “watch”, before deciding upon

whether to take steps or to “wait”. This makes monitoring competitors and their newly issued patents

and published applications essential.

The AIA expands the scope of prior art that can be used to reject the claims of an application or

invalidate a patent. The patent holder may sue multiple defendants in a single suit if the defendants have

committed related acts of infringement. A Patent Ombudsman Program has been established by the PTO

to investigate complaints and mediate settlements between small businesses and independent inventors.

A new procedure called Supplemental Examination has been established, that allows a patent owner to

request for a re-examination of the patent in order to have the PTO consider, reconsider, or correct any

information relevant to the patent.

The newly signed patent reform is said to benefit large corporations. At the same time creation of

a “micro entity” brings the individual inventor back into the patent game by reduction in the fees

required for filing an application. While, the patent office will take time to implement these changes and

to alter the number or nature of patent issuances or challenges, the question about the economic impact

of the AIA and its effect on small inventors, remains debatable.

Namita Mahajan

Patent Research Analyst

Go To Top

EDITORIAL

© TT Consultants, 2012. All rights reserved – privileged and confidential

23.07.2012

Legal lecture on "Intellectual Property Protection in India" hosted by TT

Consultants, at German Centre, Gurgaon

According to the general increase in business activities, foreign investments, technology

transfers and brand licensing, it is increasingly important for companies investing in India to create and

protect their Intellectual Property (IP). Just like any other property, IP also needs to be properly nurtured

and protected. The lecture on "Intellectual Property Protection in India", which was hosted by TT

Consultants at the German Centre on 23rd July 2012, focused on the importance of creating IP, IP

protection strategies and using IP as a strategic business goal for achieving maximum commercial

success in India.

Read More Go To Top

TTC UPDATES

© TT Consultants, 2012. All rights reserved – privileged and confidential

TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing

services in over 20 countries worldwide to more than 500 Companies, universities and research institutes with several offices

in three countries i.e. Taiwan, US and India and strong client base in US, Canada, Europe, Japan, Singapore, South Korea,

Taiwan and India, we strive towards providing our clients global and world-class services.

We provide patent litigation support, patent prosecution support, licensing support, patent acquisition

support, technology transfer consulting, patent portfolio management and other legal support services to leading

patent law firms, companies, universities, research institutes and intellectual property owners.

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