Francis Gurry Speaks at IP Function in Tel Aviv

May 31, 2010

Dr Francis Gurry, the head of WIPO, came to Israel to receive the accession papers for Israel to join the Madrid Protocol. He addressed the profession in a joint event held at the Dan Hotel, Tel Aviv, and co-hosted by the AIPPI, the AIPA and LES, that was attended by some 60-70 practitioners.

The attendance was a little disappointing but it  will be noted that there is a large overlap between the organizations and a lot of practitioners, like myself, are still jet-lagged from INTA – and some are still in the States.

Dr Gurry was supposed to speak about patent agent privilege and the importance of having international standards. He dealt with this quite quickly and explained why Israel would need both developed and developing world countries to support the move for it to have a chance of being adopted. He went on to relate to international harmonization, and, in light of the growing number of patents filed in the Far East, to call for International Search Reports to be produced by an international team of examiners.

Regrettably, harmonization of patent practice across the globe still seems to be held up by some 150 or so rogue states that continue to illogically resist to conforming their practice to the generally accepted international norms like first-to-invent, grace periods and the like.

Words of welcome were delivered by Tal Band represented the AIPPI, Michal Hackmey represented the AIPA and Hananel  Kvatinsky represented the LES.

Tal Band spoke about Israel joining the OECD and the country’s prominence in creating patents. He suggested that criticism of Israel IP practice (i.e. the US Special 301 report) was more politically motivated than factual and that the correct balance between private interest (patents) and the public interest (generic, non-patented technologies) was jurisdiction specific, and that the Israel balance was reasonable.  

The refreshments were excellent, with a milky buffet including vegetables, rolls, crackers and cheeses. We note that a couple of cheeses were mouldy, but that may have been the point. The coffee was good, the wine disappointing, but there was wine – which is one up on the usual standard of these affairs. There were also a range of fresh fruits and some really excellent chocolate brownies.


Israel joins the Madrid Protocol

May 31, 2010

Last week, the Israel Government voted to join the Madrid Protocol for the registration of trademarks,and today, on behalf of the Minister of Trade and Industry, Dr. Meir Noam, Israel Commissioner of Patents and Trademarks presented a letter to Francis Gurry, the Director of the World Intellectual Property Office (WIPO).

Israel amended her laws to facilitate this a couple of years ago, but, due to problems with the trademark website, implementation was put off indefinitely. Now the treaty will come into effect in three months time on September 1, 2010.

Dr Noam, Nurit Maoz, Li Maor and everyone else who was involved behind the scenes are to be congratulated.


End of the Road for Victor’s Little Secret

May 30, 2010

After going up to the US Supreme Court and back, Victoria’s Secret have managed to obtain a 2 to 1 majority in the courts to prevent a shop selling sex goods calling itself Victor’s Little Secret. The US Supreme Court ruled that the standard to be considered was likelihood of dilution, not actual, demonstrated dilution.

We suspect that Victor has made a fortune over the past decade due to the publicity that this case has brought him. Victoria’s Secret, on the other hand, comes over as a Goliath like bully (albeit in her undies).  Like the famous South Butt case, where an unknown student working from a garage has become known nationally, I am not convinced that there was much sense in filing suit in the first place.

We think that a better strategy for the corporate giant is to get a small timer to sue them for infringement, to pay his costs and to milk the publicity for all it’s worth. Romour has it that the naked cowboy vs. M&M case was funded in this manner.


UK Prime Minister fast tracks patent applications with a positive IPER

May 30, 2010

UK Prime Minister David Cameron has announced (Circular PN013) that UK National Phase Patent Applications having a positive International Preliminary Examination Report (IPER) will be fast tracked and within two months of entering national phase in the UK, the applicant will receive a Notice or Allowance or an Official Action detailing what needs to be done to put the patent application into a position for allowance.

We note that in this regard, the Israel Commissioner of Patents has been there, done that.

Nevertheless, we are pleased to see that the new  Prime Minister has an awaremenss of IP and hope that other regimes will follow suit.  Ideally, the PCT mechanism should be a fast track not a delaying tactic.


Hebrew University Sue General Motors

May 30, 2010

Jerusalem’s Hebrew University has filed a lawsuit against the American automotive giant General Motors over an advertisement containing a likeness of Albert Einstein.

Einstein willed the University his publicity rights, and has been generating royatlies for them since his depth in 1955.

GM ran a four-page ad in People magazine last fall, that included a photo of a shirtless model with Einstein’s face, and a tattoo on his shoulder reading “E=MC2″. On a separate page, the GMC Terrain was featured with the slogan “Ideas can be sexy too”. The ad was created especially for People’s “Sexiest Man Alive” issue.

According to suit filed by Adv. Antoinette Waller on behalf of the university, “the tattooed, shirtless image of Dr. Einstein with his underpants on display is not consummate with and causes injury to [the university's] carefully guarded rights in the image and likeness of the famous scientist, political activist, and humanitarian,”.

Forbes magazine ranked Einstein as the fourth most lucrative famous dead people in 2008, with profits of some $18 million a year.


INTA II – Looking for Leslie

May 30, 2010

The big problem with INTA is that there are so many participants that setting up a meeting with someone you’ve never met can create difficulties.

I had a meeting set up with ‘Leslie’, in-house counsel of a Fortune 500 company. We arranged to meet at the entrance to the exhibition center. Unfortunately, so did a further couple of hundred patent and trademark attorneys. I wasn’t even sure if Leslie was male or female, so found myself checking the name cards on everyone else. It took me back to my single days when, on occasion, I was set up for blind dates.

Most participants suspended their cards from a ribbon around their neck, so one has to read cards on people’s chests. This can be somewhat embarrassing.

We didn’t manage to make contact as planned, but Leslie came past the stall later and we rescheduled.

Next time, I am going to ask people to send me their photo in advance.


Boston 2010 – INTA Conference

May 30, 2010

I am just back from INTA in Boston – a great tea-party with 8300 participants and perhaps a further 1500 on-schleppers who came for the receptions, etc. but didn’t bother registering.

As we had a booth, I was busy with that and didn’t manage to attend any of the lectures. Instead of reviewing the sessions, which have been covered by other bloggers anyway, I shall, instead, review the freebies!

The following is the consensus reached with my ultra-critical progeny:

Fancy Dress

  1. Soei win hands down with their kimono ninja costumes in blue and pink
  2. Global Estimator come second with their Hawaii flower necklaces in non-crush artificial silk
  3. Acharya‘s cricket fielder’s hat is also worthy of mention being lightweight and comfortable

Back to School – Stationary

  1. Lehmann Lee distributed some very nice pencil cases
  2. OceanMoto had the best pens, which were also nicely boxed
  3. The Pencil division was won hands down by Canadian firm Fasken Martineau who had some really cool pencils having a curly end that was almost treble-clefian in complexity and which matches their logo. I am notm sure how it was manufactured.
  4. Innovia / Pipers gave out some slide-rules for calculating PCT dates, but the kids weren’t very impressed, neither with the functionality not with the product being made of flimsy cardboard
  5. Patrafee gave out a set of 12 wax crayons

Memory Sticks

The highest volume disk-on-key is won by the Office of Harmonization with a 4 Meg mammoth capacity memory stick, that, for some reason, was very bulky. WIPO were giving out very nice leather-bound memory sticks, preloaded with Madrid Info.

Cuddly toys

Lehmann Lee were the only competitor in this section with a furry lion key ring that seems a little large as a key-fob but a bit small as a comforter.

Presents for spouses and assistants

Soei had some nice Japanese business card holders and Kangxin had both passport covers and a sort of vanity purse (I think). I explained to the wife that I’d chosen these items specially after going into innumerable stores, but I am not sure she was convinced.

Office Ornaments

Grant Thornton Yafi & Co. a Lebanese firm had a nice Phoenician knickknack that could add a touch of class to many reception areas. The firm is also worthy of mention due to their authentic Lebanese bakhlava – which is less sticky than the Turkish variety that is more commonly available in Israel.

Party Section

 Finnegan gave a great bash in a blues club, with Electric Light Orchestra providing the entertainment. Soei‘s Japanese themed party attracted some 1500 participants and is also most worthy of mention.

Michael Chesal of Perretz Chessal Herrman deserves a special mention for hosting a Kosher dinner in China Taam, a Kosher Brookline restaurant. Their dessert chocolate business card was delicious.

Incidentally, the INTA opening reception also had a Kosher table, and Sandy apparently held his annual reception with its trademark chopped liver.

I understand from Jeremy Ben-David that in previous years, there were more and more ostentacious parties, but things were toned down due to the recession.


Come visit us at INTA

May 17, 2010

IPadNeedle2

We will be having a stall at INTA next week – Booth 146 – alongside Thompson Delphion.

 I will be delighted for any reader to pop over and introduce yourself

.

As well as a selection of articles on patents and trademarks, prosecuting in Israel, etc., there will be a unique opportunity to see an attorney threaded through the eye of a needle. This variation of the Talmudic threading a camel through the eye of a needle is the first tie the stunt has been performed at INTA.


International Standard Seminar on US IP Litigation – In Israel

May 17, 2010

In the latest initiative offered by IP Resources Ltd., Israeli patent professionals, CEOs, lawyers and others, can attend a quality seminar offered by litigators from U.S. patent litigators from one of the top patent firms in the United States, Finnegan, Henderson, , Garrett & Dunner, LLP.

The course, featuring Jeffery Berkowitz and Gerson Panitch runs over the 23rd and 24th of June 2010 at the Dan Accadia Hotel Herzliya and covers

  • strategies for responding to threats of infringement
  •  Considerations when deciding whether to assert a patent in the U.S.
  •  Pre-suit litigation planning techniques to maximize chances of success
  •  Techniques for accelerating resolution of a case
  •  The anatomy of a U.S. patent lawsuit

There will be lectures on pre litigation analysis, discovery, testimony and deposition, summary judgement, mediation and appeals.

The seminars is the latest initiative offered by Kimberly Lindy of IPResources, Ltd. who also intends offering courses for passing the exams for the Israel Patent Bar.

The event, costing NIS 3,950. (+ 16% VAT) is not cheap. then again, The same event costs a similar amount when held in the US or Europe, and for most Israelis, flights and hotels will be redundant. For those interested, the course qualifies for CLE credit in California and New York and the organizers will provide a certificate of attendance to attendees who wish to seek CLE accreditation from other jurisdictions.
 
Although I don’t know the speakers, we have an ongoing relationship with Finnegan, and I have always been impressed by their professionalism. I assume that the program is in English, but with names like Berkowitz and Gershon, suspect that the speakers will have at least a smattering of Hebrew.

For more details, contact kim@ipresources.co.il


Rad Ophir Organizes STN Showcase in Israel

May 12, 2010

Rad Ophir, data consultants, hosted a comprehensive seminar on new features of the science and technology databases avaiable through STN, and data searching techniques.

 The event was held in the Green Villa conference facility in Tel Aviv University and included a number fo experts that flew in specially from Germany.

There were a small number of patent attorneys present, but a number of examiners from the Israel Patent Office and some staff from Teva. In all, about 50 people turned up for the event.

Very few patent attorneys in private practice attended. This is somewhat worrying as it is rather difficult to do a decent job drafting patents without a handle on the prior art.

The lunch afterwards was, however, delicious.


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