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A Global Need

A Global Need. International Patent Application and Enforcement Agency David Levy. Sources. Global Patent Statistics (WIPO) Global Patent Litigation US Census Business Data Samsung v Apple Dispute Samsung v Apple Dispute continued. Patents. First patent was issued in 500 BC by the Greeks

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A Global Need

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  1. A Global Need International Patent Application and Enforcement Agency David Levy

  2. Sources • Global Patent Statistics (WIPO) • Global Patent Litigation • US Census Business Data • Samsung v Apple Dispute • Samsung v Apple Dispute continued

  3. Patents • First patent was issued in 500 BC by the Greeks • Recognized as important for commerce ever since • US Patent applications steadily rose from late 1800’s through today • Today, everything is patented (shoes to software)

  4. Patent Data

  5. Data Continued

  6. Global Patents

  7. Patent Issues • More patents, more problems • Global litigation has skyrocketed • National borders marginalized by technology • Courts jammed

  8. TRIPS & PCT • The world has tried, but failed, to solve the patent dispute issue • Trade-Related Aspects of International Property Rights (TRIPS) • Administered by WTO • Focus on IP issues, not patents specifically • Patent Cooperation Treaty (PCT) • Lack of enforcement capability • 1970, PCT standardized procedure for filing patent applications by creating “international application” • Means nothing

  9. Samsung v Apple • Began in 2011 when Apple filed first suits • Filed in over 10 countries • South Korea, Japan, Germany, France, Italy, Netherlands, Australia, UK, and United States • Apple alleged that Samsung had infringed upon its patents for trademarks, user interface, and style

  10. Samsung v Apple • Apple won $1.049 Billion in US • UK Judge said “Samsung’s products are not ‘cool enough’ to be confused with Apple’s iPad” • South Korea ruled in Samsung’s favor • Apple won “bounce back” counter suit • Samsung won in Japan, but lost “bounce back” • Apple won full ban in EU by German court, later overturned • Samsung lost in Netherlands • Apple granted sales ban in Australia, but PM intervened……?

  11. Policy Proposal • Litigation is costly and time consuming • Need a global patent office • Makes sense in a globalized world

  12. Global Patent Office • International Patent Issuance Office housed in the WTO • WTO already recognized and has power • Modeled off existing DRS • Level the playing field for smaller firms (patents cost $)

  13. Questions

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