The Industry-Level Analysis Report of the European Patent Office (EPO) and the Office of Harmonization in the Internal Market (OHIM) was presented by the European Observatory on Counterfeiting and Piracy in September 2013. The study shows how the intellectual property intensive industry influences the European economy. The Intellectual Property Intensive Industry Intellectual property (IP) intensive industries are defined as those having an above-average use of intellectual property rights per employee. The study also distinguishes between the different sectors of intellectual property rights. Patent, trademark and design‑intensive industries are dominated by manufacturing activities like manufacture of power driven and hand tools, leasing of intellectual property, pharmaceutical and chemical products. The copyright industry completely belongs to the service sector and is especially strong publishing books and newspapers. The Influence of Intellectual Property Intensive Industry to the GDP The influence of the IP intensive industry to the European economy is determined by the Gross Domestic Product (GDP). The GDP is the total value of goods and services produced in a specified territory during a certain period of time. The European GDP is around € 12.3 trillion. According to the study, nearly 40% of the GDP and therefore of the European economic activity depends on the intellectual property industry (see below).       Manpower in the Intellectual Property Intensive Industry The IP intensive industry also creates many jobs. Taking indirect jobs into account, during 2008 - 2010, 35% of the workplaces in Europe derive from industries with a high usage of in IP. 26% of the jobs in Europe depend directly on the IP industry. The manpower breakdown within the different sectors of IP rights is as follows: 20,8 % in the trademark, 12,2 % in the design, 10,3% in the patent, 3,2 % in the copyright and 0,2% in the GI intensive industry.In addition, the IP industry creates a lot of well paid jobs. In general, the salaries in these industries are on average approx. 40 % higher than in other industries.       Influence of Intellectual Property Intensive Industry to Export and Import Also, the role of the IP intensive industry in external trade is extremely important. In volume terms, about 88% of EU imports and 90% of EU exports are accounted by IPR-intensive industries.     To see the whole study please see the following link from which the above charts have been extracted: http://documents.epo.org/projects/babylon/eponet.nsf/0/8E1E34349D4546C3C1257BF300343D8B/$File/ip_intensive_industries_en.pdf        

The European Patent Office (EPO) carries out a survey every year. The study helps estimate the number of patent filings in the next three years. This information of the probable filing developments helps the EPO to forecast the budget and manpower. It also helps to foresee economic trends.

Introduction

For the survey, applicants from the 400 largest EPO clients and a group of approx. 2 800 from the general population were contacted and with a random sampling method, that preferentially selected larger applicants was applied.

New Survey 2014

This year, the study is taking place between April and September 2014. The survey is carried out by the market and opinion research company Ipsos. The EPO encourages everybody who is approached by Ipos to take part in the survey.

Forecast

The EPO has previously also published their results of the survey made for 2013, 2014 and 2015, in the year 2012:

For 2013, the survey promised an increase of patent filings of 1,7 %. Therefore, the survey predicted 252 305 total filings for 2013. In fact, there were 258 090 actual total filings (see below). The forecast is also in fair agreement with the growth rate of 4.0% actually observed from 2012 to 2013.

For 2014, the survey forecasts 266 948 total filings at the EPO. This means a growth of 7.6% contrary to 2012. For the final year 2015, a growth of 10.3% versus 2012 is expected, resulting in 273 621 filings.

 

The World Intellectual Property Organization (WIPO) is organizing a workshop for Mediators about Intellectual Property Disputes. The workshop will take place on May 22/23,  2014 in Geneva in Switzerland. Introduction into Mediation Intellectual Property is an essential basis for the success of companies. As a result, disputes between business partners often arise because of license, franchise, distributorship, research and development contracts or manufacturing arrangement. Therefore, parties are looking for new dispute resolution mechanisms which are cost- efficient, flexible and do not disturb commercial relationships too much. Some of the intellectual property disputes have features that favor the use of mediation. Mediation is a possibility of solving problems in a non-confrontational and establishes business relationship. Nowadays, many companies use mediation to solve their controversies. In several US states, e.g., mediation is a prerequisite before the parties may go to court. WIPO Workshop The WIPO workshop is intended for lawyers, business executives, patent and trademark attorneys, and others wishing to learn more about the mediation process and to receive training as mediators. All of them get an intensive two-day training course in mediation. They will learn different mediation techniques and be trained in effective communication in the intellectual property area. At the end, all participants will receive a certificate. If you want to read more about this topic go to the following link: http://www.wipo.int/amc/en/events/workshops/2014/mediation/

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Interbrand, started in 1974 with its approximately 40 offices around the globe, is one of the biggest and oldest brand consultancy companies around the world. Every year, Interbrand conducts and publishes various studies relating to brands, their value and the impact on companies and consumers. The most recent study published relates to the “Best Retail Brands 2014″, which does not just give an in-depth insight, but, also an overview of different countries, including the USA. The most valuable retail brand 2014 is the North American mark WALMART with a brand value of 131,9 billion US-Dollars. Number one in Asia is Woolworth and the most valuable brand in Latin America is the Brazilian cosmetic brand Natura. Europe’s Top Brand is H&M from Sweden with a brand value of 18,2 billion US-Dollars. Seven German brands are in the Top50 of the Best Retail Brands of Europe this year. The most valuable of them is Aldi, worth 2,94 billion US Dollars. The 50 Best Retail Brands of Europe can be found below. The statistics show that the most valuable retailers significantly increased their business model by selling online. To stay competitive, retailers have to put an emphasis and invest in E-commerce.  According to Interbrand, e-commerce in Europe only accounts for an estimated 5% of all retail sales. However, sales via ecommerce are rising. A good example is Amazon. The company continues to dominate as the world's biggest e-tailer. Their net sales increased 22% in 2013.    

History The World Intellectual Property Office’s (WIPO’s) member states designated April 26 – the day on which the WIPO Convention came into force in 1970 – as World Intellectual Property Day with the aim of increasing the general understanding of Intellectual Property, including trademarks, designs, patents, utility models etc. Each year, a special topic and focus is picked. This year’s World Intellectual Property Day 2014 focuses on “Movies – a Global Passion”. This theme is focused on because watching movies has affected people for over 100 years now and also gives work to the thousands of people who are employed in the film industry. And movies are protected by the copyright law. Events 2014 Accordingly, a lot of events for interested people are planned all over the world. In Germany for example between 22-27April 2014, Microsoft Berlin is holding an exhibition in their local   cafe     “The Digital Eatery” during which visitors can understand the value of Intellectual Property.In Munich, there will be a workshop about designs, trademarks and patents. To find a summary of all events in Germany please be referred to the following link: http://www.dpma.de/service/seminare_veranstaltungen/welttagdesgeistigeneigentums2014/index.htm Especially interesting will be the WIPO Film Festival between 24 and 28 April, 2014 at the Grütli Cinémas in Geneva, during which five films on IP, creativity and innovation will be shown.

On 11 April 2014 the Higher Regional Court of Cologne overturned the first instance decision in the trademark battle between the two well-known candy manufactures Haribo (gummi bears) and Lindt (chocolate). The Regional Court Cologne came to the decision that there is likelihood of confusion between the “Lindt Chocolate Teddy” and the “Haribo Goldbär”(LG Köln on 18.12.2012; Decision 33 O 803/11). The Higher Regional Court instead decided totally different and has to come to the conclusion that the Haribo Goldbär is not infringed by the sale of the Lindt Chocolate Teddy (see: press release in German OLG Köln on 11.04.2014; Decision 6 U 230/12). This decision is especially interesting because there is no settled case law in Germany yet whether two dimensional design or pure word marks can be infringed by three dimensional objects.    Goldbär/Gold-Teddy                        word mark   +    two- dimensional design mark vs. three- dimensional object   Background of the Case and Subject Matter In the present case, the well-known German company “Haribo” filed an opposition against the “Lindt and Sprüngli AG”. Both are famous producers of sweets. Haribo has various German trademark rights for the words “Goldbär” and “Gold-Teddy”, the shapeless color mark “gold” and a word/design Community Trademark for “Goldbär” (see above). Haribo is of the opinion that the “Lindt Chocolate Teddy” infringes their protected word marks and their design marks (see above). Of importance to know is that the Haribo “Goldbär” can claim a high reputation of 90 %. “Lindt” instead argued that the “Chocolate Teddy” for the Christmas time is a logical development of the “Lindt Rabbit” for Easter. Attention should also be paid to the selling time around Christmas. During this time the customers are used to a wide range of chocolate animals with many different designs and in countless variations, especially in gold foil with red bows and ribbons. Also, Lindt’s sweets are made out of chocolate and quite different from the gummi bears of Haribo which are made out of wine gummi. Finally, Lindt’s “Choclate Teddy” is three dimensional and Haribo’s protected marks are two dimensional or words marks. All in all, Lindt sees no likelihood of confusion. Decision In first instance the Regional Court of Cologne decided that a likelihood of confusion exists. The court’s decision is based on the fact that Lindt and Haribo are from the same industrial sector, the high reputation of Haribo’s “Goldbär” and the fact that even during Christmas time only Lindt’s “Teddy” has the same form, color and ribbon like Haribo’s “Goldbär”. As a result, the Chocolate Teddy can be seen as an infringement of the protected word “Goldbär” and the word/design mark of the “Goldbär”. Therefore the Lindt “Teddy” as a three dimensional object infringes Haribo’s trademark rights. Lindt appealed this decision and has succeeded before the Higher Court of Cologne on 11 April 2014. Their point of view is totally different and overruled the first instance decision. In the opinion of the Higher Court, the first instance put too much emphasis on the color and the shape of the bear. In the court's view, the focus in this case should be on the product as a whole and how customer perceives it. The court also especially takes into account the well-known name “Lindt” located in the middle of the Choco Teddy which indicates the origin of the product. The court does not expect that Lindt wants to capitalize on the high reputation of the Haribo “Goldbär” because Lindt’s brand is very famous as well. Rather, the “Choclate Teddy” is in consistency based on the success of the “Easter Chocolate Rabbit” of Lindt. Consequently, Lindt may still sell its “Chocolate Teddy”, whereas, both parties wish this case to be decided by the German Supreme Court... therefore, the battle is likely to be continued.

The German government last year decided to modify parts of its national patent law. Therefore, as of April 1, 2014, the following most important modifications in German Patent Law have entered into force: - The time period to submit translations of English or French patent applications filed has been extended to 12 months after the filing date or 15 months after the priority date. If the filer does not submit the translation in time, the application is deemed to be withdrawn. - The content of the search report is extended to a provisional assessment of the patentability of the invention. As a result, the fees increase by 50 Euros. Thereby, the patent filer should have a better basis for the basis to decide if he wants to continue the patent prosecution process. - An official hearing within the examination process must now be granted in case it is requested and such hearings are in general public. - The opposition period has been extended from three (3) to nine (9) months. - Additionally, a new explicit legal structure has been created for the online access to files. This modification was necessary because of data protection and copyright laws.

Just recently, WIPO published statistics on trademark, design and patent filings in 2013. The growth of the filings per country is ranked, as well as the top technologies and largest files. Additionally, the annual statistics reflect industry Trends and also indicate future developments. For a company it is of upmost importance to protect their intellectual property by filing patents, trademarks and designs. There are a lot of reasons why it is so important for every company to apply for and seek registration of their intellectual property rights. The most important one is that if the patents, trademarks or designs of a company are not protected properly, anybody can use their intellectual property and participate in their success. WIPO Statistics The 2013 WIPO statistics reveal. 5,1 % more patent applications, 6,4% more international trademark applications and 14,8 % more design applications than in 2012. This increase sets a new record this year.     Patent Filing Industry Focus Especially USA, Japan and China increased their patent applications significantly. Most of the patent applications were filed in the sectors: electrical machinery, apparatus, energy, computer technology as well as in the area of medical technology and measurement apparatus. The Japanese company Panasonic outperformed the Chinese company ZTE Corporation, which was the largest filer in 2012. Even through Germany had fewer applications than in 2012, it is ranked no.4 worldwide. The German company “Robert Bosch” counts to the largest filers in 2013.   Trademark Filings The most active users 2013 of the international trademark system here Germany, USA and France. All in all European, countries dominate the 50 applicants’ list. Trademark applications are mostly in the fields of computer electronics, business and technology services. The Swiss pharmaceutical company Novartis was the largest trademark filer in the world in 2013. The German pharma company, Boehringer Ingelheim, is ranked 3rd.   Design Filings The growth of design applications was paramount. Switzerland had the most applications for designs, followed by Germany and Italy. Packages, container, clocks, watches and furnishings were the main sectors. The Swiss watchmaker Swatch continued its leading position with 113 different design applications. The German companies Daimler and Volkswagen are ranked 4 and 5.   Conclusion These statistics show that it is becoming more and more important to protect patents, trademarks and designs in our global innovation system. A good and strategically aligned protection is not just a significant part of the value for a company, itself, but also a prerequisite to keep competitors away and be successful.

On Thursday, 13 March 2014, the 2nd INTA IP Paralegal Roundtable was hosted at the Munich Bar Association. The four-hour event - thanks to the organizing committee, speakers and sponsors - with approx. 70 attendees - was an overwhelming success.

As a member of the INTA Trademark Administrators Committee and also on behalf of the members of the organization team (Ingrid Fuchs, Melanie Schulze, Susanne Ferstl, Erna Aigner, Tess Gamon, Angela Mamuzic, Kathrin Geyer, Yvonne Bender) who all spent and invested their free time to make this event happen, we would like to thank everyone for either supporting or attending this year's IP Paralegal Roundtable.

Close to 70 persons again attended this year's meeting hosted in Munich, Germany. A special thanks goes to INTA and its team, the TMA Committee and our sponsors, Coresearch, a Wolters Kluwer company, and GSI Office Management, who sponsored the After Networking Event at the Vino Caffé. If anyone who attended the event did not receive a certificate of attendence, please contact the bar association directly at: seminare@rak-m.de

The speakers were so kind enough to send us their presentations (in German). You are welcome to download the documents and pictures.

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1. Schedule and Presentations INTA_Schedule_RT_2014 Vortrag_Dr_Kinkeldey_Haftung_Internetplattformen Vortrag_Dr_Kinkeldey_Rechtserhaltende_Benutzung Vortrag Tess Gamon Kanzlei Unternehmen Vortrag Herr Hochmuth_DPMA_Recherche Vortrag_Herr_Vyshnetskyy_Selbstaendigkeit Vortrag Yvonne Bender Weiterbildung Networking ---------------------------------------------------------------------------------- 2. Pictures at the Munich Bar Association and at the After Networking Event The 2nd INTA IP Roundtable again was a great success. This time the Munich Bar Association was so kind as to host the event and issue certificates of attendance for the approx. 70 participants. Below please see pictures of the workshop held and the After Networking Event.