|
SAP: Protecting IP in Emerging Economies
Naomi Abe Voegtli, a speaker at the upcoming marcus evans IP Law Summit Spring 2012, on protecting IP in countries where traditional methods do not necessarily work.
NEW YORK, Mar 06, 2012 - (ACN Newswire) - Intellectual Property (IP) Counsel cannot rely on traditional IP enforcement methods to protect their companies' IP rights in emerging economies, says Naomi Abe Voegtli, Vice President, Global IP, SAP. Protecting IP is always more challenging when it involves a jurisdiction outside the US. When that jurisdiction is a country with nascent IP laws, sometimes more non-traditional enforcement methods will provide better results.
A speaker at the marcus evans IP Law Summit Spring 2012 in Amelia Island, Florida, March 18-20, Voegtli shares her thoughts on protecting IP in China and India, and discusses her experiences in the software industry where patentability is unclear.
- What is unique about IP protection in the software industry? What could IP Counsel learn from your experiences?
Protecting software IP can involve fundamental questions about whether the IP is patentable subject matter under the US Patent Law. The Supreme Court recently has weighed in on the patentability of software, providing some guidance; however, the full impact that the Supreme Court's decision will have on the Patent Office, the courts and, ultimately, our IP strategies, remains unclear. Further, the Supreme Court will be considering the patentable-subject-matter issue again during its current term, in the context of IP relating to diagnostic medical tests. Another decision by the Supreme Court on what constitutes patentable subject matter could greatly affect the software industry.
In addition, the standards for patentability of software in the US differs from those of many other countries, so it is important to keep in mind key countries' patentability standards when seeking protection for software, including the preparation of patent applications. This can be challenging.
A significant development is Congress' recent landmark patent legislation, which includes many new and amended laws that differ among the software, pharmaceutical and chemical industries. Some of the amendments are favorable to the software industry, but a few amendments that the industry supported did not make it into the final legislation.
- How could IP Counsel safeguard IP in emerging countries?
IP protection systems are still evolving in emerging economies, such as China and India, and multinational companies are hoping that those protection systems will improve in many areas.
In countries with well-established IP laws, like the US, IP Counsel have viable litigation options and a clearer understanding of how to negotiate and license IP rights. But when doing business with China and India, IP Counsel need to be more creative and also more understanding of local practices and customs. For example, it might be worth getting support from government officials outside of the court system and exploring "win-win" situations with those believed to infringe. Enforcing a judgment against an infringer can also be difficult, thus, requiring the help of local IP Counsel to implement enforcement solutions outside of the court system.
In China, it is national policy to increase domestic ownership of IP, so IP Counsel cannot depend on traditional methods for protection and enforcement. Many IP Counsel are not aware of this, however, and do not significantly modify their practices and strategies when dealing with China.
- Is this similar to negotiating with a hijacker or a kidnapper? What if there are several IP infringers?
I would phrase it differently and do not see it this way at all. The IP laws are very young and evolving at a fast past in China, for example, and we must take a wait-and-see approach to see how much progress China makes over time. My expectation is that it will improve substantially; it is just a matter of time. Chinese pro-national IP policy will affect the ability of a non-Chinese company to enforce its IP; thus, in devising an enforcement strategy for China, it is important to consider lobbying the Chinese government and cooperating with the US government to encourage change in China.
- What is your outlook for the coming years?
The US Supreme Court has shown great interest in patent law and policy over the past several years, which I expect will continue. It is thus important for IP Counsel to maintain a flexible approach so that they are able to adjust their practices and strategies as the IP laws and the IP climate changes.
There also has been some anti-IP sentiment amongst some policy makers and academics in recent years, which may affect the Supreme Court's outlook on IP matters involving software. In the face of this anti-IP sentiment, the industry should respond and make clear the importance of having adequate IP protection on software technology.
About the IP Law Summit Spring 2012
This unique forum will take place at The Ritz Carlton, Amelia Island, Florida, March 18-20, 2012. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on safeguarding IP, developing sustainable brand protection strategies, global IP portfolio management and maintaining competitiveness with IP litigation.
For more information please send an email to info@marcusevanscy.com or visit the event website at www.iplawsummit.com/NaomiAbeVoegtliInterview
marcus evans group - Legal Sector Portal
The Legal Network - marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.
LinkedIn: www.linkedin.com/groups?mostPopular=&gid=3676301&trk=myg_ugrp_ovr
YouTube: www.youtube.com/user/MarcusEvansLegal
Twitter: www.twitter.com/meSummitsLegal
SlideShare: www.slideshare.net/MarcusEvansLegal
Legal Sector Portal: www.marcusevans.com/marcus-evans-legal/marcusevans-legal-sector.asp?sectorID=37
Please note that the Summit is a closed business event and the number of participants strictly limited.
Contact:Sarin Kouyoumdjian-Gurunlian
Press Manager,
marcus evans Summits
Tel: +357-22-849313
Email: press@marcusevanscy.com
Source: marcus evans Summits
Sectors: Daily News
Copyright ©2025 ACN Newswire. All rights reserved. A division of Asia Corporate News Network. |
Latest Release
Revenue of LEQEMBI(R) (Preliminary Basis)
Jul 31, 2025 18:27 JST
| 
Transfer of Sharp Mie Plant No.2 and part of the land at Mie Base
Jul 31, 2025 17:11 JST
| 
TANAKA PRECIOUS METAL GROUP Announces Business Partnership with JEPLAN to Realize a Decarbonized, Circular Society
Jul 31, 2025 15:00 JST
| 
DENSO Announces First Quarter Financial Results
Jul 31, 2025 11:25 JST
| 
Honda Launches All-New Prelude Teaser Page Ahead of Scheduled September 2025 Market Introduction
Jul 31, 2025 11:20 JST
| 
MHI Demonstrates Transport of Relief Supplies in the Event of a Disaster Using Uncrewed Aerial Vehicles Currently in Development
Jul 31, 2025 11:00 JST
|
Early Alzheimer's Patients Continue to Benefit from Four Years of LEQEMBI(R) (lecanemab-irmb) Therapy New Clinical Data Presented at AAIC
Jul 31, 2025 09:30 JST
|
New Data Presented at AAIC Demonstrates Investigational LEQEMBI(R) (lecanemab-irmb) 360 mg Subcutaneous Maintenance Dosing Could Offer a New Option for Ongoing Treatment of Early Alzheimer's Disease
Jul 31, 2025 09:20 JST
|
Two-Year Real-World Study of LEQEMBI(R) in the United States Presented at Alzheimer's Association International Conference (AAIC) 2025
Jul 31, 2025 09:10 JST
| 
Introducing the Meshy 5 Preview: Smarter AI, Cleaner Models, Bigger Animation Potential
Jul 30, 2025 22:41 JST
|
Production, Sales and Export Results for June, 2025
Jul 30, 2025 18:24 JST
| 
Sales, Production, and Export Results for the First Half of 2025
Jul 30, 2025 18:06 JST
|
Collaborative Development of Ultra-Compact and Lightweight Satellite Communication User Terminals for Mobility with Mitsubishi Chemical, NICT, and TECHLAB
Jul 30, 2025 11:00 JST
|
Mitsubishi Heavy Industries Concludes Agreement with Modius to Provide DCIM Solutions for Data Centers Worldwide
Jul 29, 2025 20:00 JST
| 
Set at the Osaka-Kansai Expo venue! Detailed program announced for the "OSAKA JAPAN SDGs Forum"
Jul 29, 2025 14:30 JST
|
LENVIMA(R) (lenvatinib) in Combination with Pembrolizumab and Transarterial Chemoembolization (TACE) Approved in China for the Treatment of Unresectable, Non-Metastatic Hepatocellular Carcinoma
Jul 29, 2025 09:01 JST
| 
Olympus Enters Strategic Partnership to Develop Endoluminal Gastrointestinal Robotics
Jul 25, 2025 16:00 JST
|
Eisai Listed for 24th Consecutive Year in FTSE4Good Index Series, an Index for Socially Responsible Investment
Jul 25, 2025 13:31 JST
| 
Fujitsu and Nagoya University develop simulation tech to combat transportation gaps
Jul 24, 2025 12:30 JST
|
Honda Reveals Details of its Support of the World Athletics Championships Tokyo 25
Jul 24, 2025 12:03 JST
|
More Latest Release >>
|