-The Route and Strategy of IP Internationalization Development
On January 14, 2017, the Alliance of Global Intellectual Property Service (AGIPS) held 2017 Annual Conference in Beijing. The theme of annual conference is “the Route and Strategy of IP Internationalization Development”. 150 alliance member representatives, scholars, as well as intellectual property managers from China, the United States, Japan, South Korea, Thailand, Qatar and other countries and regions attended the annual conference.
Internationalization is necessary for enterprises to grow and develop, as well as a requirement for the development of intellectual property services. The aim of AGIPS is to build a platform for worldwide intellectual property service organizations’ win-win collaboration and joint development under the background of globalization.
Since its establishment, AGIPS has been committed to seek cooperation and development for members, and strive to make contributions to the promotion of the win-win situation of the global intellectual property services. By the time of annual conference this year, nearly 50 members from different countries and regions joined AGIPS, including initiative members and general members. During the annual conference, there were many nonmember organizations besides alliance members, who intended to have a better understanding of the alliance through the conference and to join the alliance at a right time.
Jean-Baptiste Barbier, IP Counselor, Embassy of France in China, delivered an opening speech at the conference. Monsieur Barbier shared experience and information on how to access the Euro-market, and how to make better use of market tools. First of all, Monsieur Barbier briefly introduced France Brevets (FB), which is the first investment fund dedicated to patent promotion and operation. FB is not just another NPE, but a government fund. It advocates that respecting for intellectual property, promoting the establishment of entrepreneurial ecology system to protect the industry’s freedom of action. The goal of the FB is to build a long-term partnership through fair, reasonable and transparent operation, thus promoting innovation and industrial development. FB’s patented operation projects also provide Chinese companies with business opportunities to take the advantage of European patent technology.
Later on, Monsieur Barbier spoke of invention rating and patent valuation. It refers to the use of predictable indicators defined by the Organization for Economic Cooperation and Development (OECD) to analyze the technical content of each patent. It uses big data of patent to calculate predictable indicators, thus to assess the quality from three-dimension including technology, legitimacy and market of a patent. Monsieur Barbier believes that in order to make patent value evaluation more efficient, the intellectual property community should more widely adopt patent rating method, and the National Institute of Industrial Property (France) is working with other major intellectual property offices to develop a global standard.
After Monsieur Barbier’s remarks, Tommy Zhang, secretary general of AGIPS and editor-in-chief of China IP Magazine, gave a work report to all attendees. Tommy Zhang said that the number of alliance member increased steadily last year, and the influence of AGIPS in the field of intellectual property services is growing; besides, its role of promoting international exchanges and cooperation in the industry has become gradually prominent. In 2016, AGIPS successfully held many offline forums, edited and published all three volumes of the International IP Law Firms Directory, and published 66 “the Belt and Road” Countries Intellectual Property Overview and Law Firms Directory. With the support of all members, AGIPS will enjoy greater development in 2017.
After the work report, the annual conference officially started. Representatives from Thailand, China, Japan, Qatar, and the United States respectively delivered a speech on the topic of “the Route and Strategy of IP Internationalization Development”.
First of all, Ms. Sasee Uthai, partner and head of IP Department at Somphob Tax and Law Office (STLO) Asia Ltd. shared with us the current situation as well as the prospect of Thailand’s intellectual property. She said that the valuation of intellectual property under the framework of asset securitization is becoming increasingly important in Thailand. Thailand has recognized the significance of intellectual property valuation, and is further exploring the framework of asset securitization. Ms. Sasee Uthai believes that intellectual property is more valuable than ever, and that people’s recognition of intellectual property directly determines the competitiveness of a country’s industries.
In dealing with foreign-related intellectual property disputes, Chinese enterprises always confront with various difficulties. Ms. Lei Dian, partner of HENGDU Law Firm, explained how domestic enterprises to deal with foreign related intellectual property disputes by sharing three typical cases during her career path. In addition, she considered that, encountered with high-intensive international impacts, domestic enterprises should be refined internally and externally; on the one hand, internally, to strengthen the patent layout and R&D capabilities, and on the other hand, externally, to make flexible and effective responses in the face of foreign-related intellectual property disputes.
Paul Tokeshi, an international department attorney from SONODA & KOBAYASHI INTELLECTUAL PROPERTY LAW, gave us to a better understanding of Japanese patent system and censorship via making comparisons. From his speech, we could learn that in censorship, Japan’s authorization rate is very high; compared with other countries, the examining speed is relatively fast, thus the translation cost is significantly decreased. The litigation is extremely efficient and rather predictable. Meanwhile, Paul Tokeshi also put forward several points that should be especially aware of during the proceedings. Initially, it is necessary to evaluate the patent if can defeat invalid defense, and the Japanese court will participate in the discussion of reconciliation without hesitation. Since Japan lacks of evidence disclosure system, the patentee should be well prepared before filing a lawsuit.
What are new developments for IP service agencies under internationalization? Lucy H. Li, partner from Kangxin Partners, P.C., shared her opinions. She pointed out that, currently, there are still some problems in the consulting service industry; the process of operation, as well as the standard of specification need to be improved. While, she believes that with the rapid development of China’s economy, and the expansion of internationalization of enterprises, intellectual property service industry enjoys perfect development opportunities.
The road ahead of internationalization of intellectual property is rather long and bumpy. Lawyers from different countries and regions maintain their own different perspectives. Jehead Al Hassan, CEO of JAH & CO. IP (Qatar), talked about the route and strategy of IP internationalization development from a Middle East lawyer perspective. He mentioned that although the Middle East enjoys unique natural resources, most Middle East countries political situation is unstable, and the economic situation is not that promising. He said that Middle East countries are decreasing their dependence on oil due to the oil price reduction over again and again, which has become the next step strategy among many countries. He deems that intellectual property and intellectual assets play an important role in company’s portfolio, and good intellectual property strategies are part of the overall business strategy as well as the foundation for future business success.
Finally, Mr. Robert M. Siminski, vice chairman of the Asia Practices Committee of the Intellectual Property Owners Association, shared with us some practical suggestions on practical patent applications at the United States Patent and Trademark Office. Robert mentioned that team spirit, the cooperation between lawyers and clients in the patent application, is extremely important; at the same time, we must learn about the United States national conditions, and understand the local unique attributes.
The theme of the speakers at this annual conference is not only in line with the national conditions, but also in accordance with the internationalization development trend, which is of great significance in exploring the route and strategy of IP internationalization development. After every speech, speakers had indepth and friendly interactions with audiences.
(Translated by Yu Shiwen)
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