Greatest Start of the Year: Global Forum on Intellectual Property 2011 Singapore

The Global Forum on Intellectual Property (GFIP) 2011 in Singapore (6-7 January), a bi-annual event, was greater than ever before. It is clear Singapore is committed to becoming a IP hub. Over 95 professors and practitioners (lawyers, judges, inhouse counsels, business people), bloggers and readers who gave speeches about their reflections on the past, their thoughts about the present, and their forcasts for the future of IP. Theory, practice, strategies and tactics on the protection and enforcement of IP were all evocatively conveyed to an audience that was as learned as the speakers. Professor David Llewelyn, chairman of the GFIP and external director of the IP Academy of Singapore, mastermind behind the whole operation has outdone himself. The theme 'Turbulant Times: Onwards and Upwards for Intellectual Property?' was well chosen and during the opening ceremony even Mr K. Shanmugam, minister of home affairs and law gave his acte de présence.

IP rules the world economy

The first keynote address by Professor Peter Williamson (Judge Business School, University of Cambridge and co-author of 'Dragons at Your Door: How Chinese Cost Innovation is Disrupting lobal Competition') was talking about IP and China.

Chinese innovation: using seemingly obsolete technology to gain cost reductions

Professor Williamson asserted that China's innovation did not fall out of the sky. Rather, it was an evolving innovation after 25 years of simple innovations. Look for example to BYD, the car manufacturer who started as a battery manufacturer. The 1990s had an emphasis on cost cutting, according to Professor Williamson. Now Chinese companies look at technologies that seem obsolete and see whether they can transform it into an innovative product. "Can I use low costs to do innovation? It's the thrust of Chinese innovation." Professor Williamson gave the example of the digital direct x-ray equipment. The market for x-ray equipment was first dominated by GE and Philips. The Chinese companies applied their low cost invention to mainstream application. It's not patentable, but it changes the market. Innovations are fast in China, because the cycles they make are frequent. In the West there are less developments between innovations. These Chinese innovations are on a large scale and made for commercialisaton.

Williamson said that patents in China were quite isolated; not many collaborations were going on. He said that China is going to find its own kind of institutional structure, unlike Japan who copied US institutions. which was not such a great success.

During a judges' debate which included the retired Chief Justice of the IPR Tribunal of the Supreme People's Court, Dr Jiang Zhipei, who is now senior advisor to Fangda Partners, a Chinese law firm in the commercial field, the Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Washington D.C., Hon. Randall R. Rader, made an appeal to all judges present: to learn as much as possible from each other and to look at the consequences of their judgments, and if they would not they will be sanctioned by the market.

Judge Rader: "If you [as a judge] will not oversee the consequences of your actions, you will be punished by the market"

Photo panelists from left to right: Justice Andrew Phang (Judge of Appeal, Supreme Court of Singapore), Judge Joachim Bornkamm (Presiding Judge, Federal Supreme Court of Germany), Hon. Randall R. Rader (Chief Judge, U.S. Court of Appeals for the Federal Circuit, Washington D.C.), Professor Llewelyn (moderator), Sir Richard Arnold, Judge of the High Court, Chancery Division, Hon. Robert van Peursem, Vice President, District Court of The Hague, the Netherlands. Dr Jiang Zhipei part of the panel is 0n the next photo.

To facilitate and not only regulate the market. Judge Rader was not only very informative but entertaining as well and he inspired at least two other speakers to give the audience a choice about the topics on which he was willing to speak. Judge Rader's dramatic descent from the stage to level with the audience was only replicated by Mr Tilman Lueder, head of the unit Copyright and Knowledge-based Economy, Directorate-General Market and Services, who gave attribution to the judge. Judge Rader's singing was only replicated by himself.

Dr Jiang Zhipei is the author of China IPR Law. He asserted that the patent system in China, that has just been amended in 2008, must be reformed and perfected. He offers 8 suggestions:

Dr Jiang: 8 improvements to China's patent law

1. China should deepen its reform and opening up policy, and constantly improve the development mechanism;

2. A stronger, more mature, transparent and consistent China is a prerequisite for the litigation process. Litigants should have confidence that China's litigation process system operates objectively and fairly;

3. Chinese courts should realize uniform and efficient IP judicial protection according to the Compendium of China's National IP Strategy;

4. The Supreme People's Court should establish and perfect relevant litigation procedures such as judicial IP authentication, procedures for expert witnesses, technical investigation and pre-trial interim measures;

5. Chinese courts will explore the possibility of establishing specialised IP tribunals accepting civil, administrative and criminal cases together, and to integrate and optimize resources;

6. Enhancing communication between countries is important;

7. To raise the level of enforcement judgments, strengthening of law enforcement cooperation between difference departments;

8. Summarizing the experience in the process is sometimes more important than just continuing.

More postings about the GFIP 2011 event will follow.

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IP Dragon's Book Review: Invisible Gold in Asia

Professor David Llewelyn (King's College London and IP Academy, Singapore) wrote an exceptional book that will appeal to both laypeople and IP professionals. Although Invisible Gold in Asia does not aim to be a scholarly book (for example there are no footnotes), the book could not be written by a non-scholar. For laypeople the book lays out the intricacies of intellectual property rights and their relationships to wealth creation, a topic incredibly comprehensive and therefore almost unmanageable, in digestible parts. For the IP professionals the book is a treasure of anecdotes worth knowing and sketches the whole field of IP in Asia, and thereby giving some crucial context even to IP professionals, since most of them cover only some part of intellectual property rights, and their focus is often geographically limited. Professor Llewelyn's educational capabilities are charged by years of teaching a critical mass of students. Therefore when he touches upon a complex subject, he goes just deep enough into the matter to convey the essence of the subject. When you read the easy flowing book, you will notice that Professor Llewelyn not only wants to illuminate the obscure world of IP, but he has a message as well: basically he wants to wake up everybody inside and outside of Asia that IP, will be of crucial importance for Asia in the coming years. Professor Llewelyn rightly divides two markets for the world of IP: the USA and the rest of the world. But the role of Asia and the role of IP in Asia will become ever more important. And he tries to make the reader aware that IP rights are not mere liabilities, but they could be valuable assets. The book is structured in two parts. In part I Professor Llewelyn is going on a tour de force as he gives an overview of all intellectual property rights and their different characteristics. He can do this like no other, see here. In part II he gives describes the Asian IP landscape: Japan, the Little Dragons/Tigers (Taiwan, Hong Kong, Republic of Korea and Singapore), China, India, Malaysia, Indonesia, the Philippines, Thailand, Sri Lanka, Pakistan and Vietnam, Bangladesh, Laos, Cambodia. My favorite chapters where about the Little Dragons (or Little Tigers) and China. Professor Llewelyn sketches in a few sentences a mini-biography of some highly interesting Chinese companies with iconic brands and IP, such as Li Ning, Haier Group, Mengniu, Huawei, ZTE etc. Before the text Professor Llewelyn put a great maxim: "Don't make the mistake of thinking something is valuable merely because you can measure it. It is far better to work out what you can value and then see if you can measure it." That same maxim could not only be applied to IP, but to reading a book such as Invisible Gold in Asia as well.

If you want to get an overview of IP in Asia, this is the book to read. If you are an IP professional the book is the perfect present to give to clients, so that they can learn about the importance of IP, or to give to your spouse, or friends, so that they can get a clue about what you are doing.

Invisible Gold in Asia, Creating Wealth Through Intellectual Property, can be bought at Marshall Cavendish Business.

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IP Dragon Speaks at 3rd Global Forum on Intellectual Property, Singapore, January 6 and 7, 2011

IP Dragon is very honored he is invited by the IP Academy of Singapore to speak at the 3rd Global Forum on Intellectual Property, Raffles City Convention Centre, on January 6 and 7, 2011. This years theme is very actual: "Turbulent Times: Onwards and Upwards for Intellectual Property?"

I am very impressed by the learned line-up and I am very sure special things will happen when so much IP passionate scholars and practisioners fill up the same Singaporean space.

The Chairman of the IP Academy, professor David Llewelyn, and author of the book 'Invisible Gold in Asia' which will be reviewed on this blog soon, and the following IP scholars and practisioners will be present:

• Stan Abrams, Author of China Hearsay blog / Of counsel at Golden Gate Law Firm /IP Professor, Beijing’s Central University of Finance and Economics Law;
• Dr Tanya Aplin, Reader in IP Law, King's College, London;
• Justice Richard David Arnold, Judge of the High Court, Chancery Division;
• Ms Toe-Su Aung, General Counsel, Anti-Illicit Trade, BATMark Ltd;
• Mr Shamnad Basheer, Founder, Spicy IP Blog, Ministry of HRD Professor in IP Law, National University of Juridical Sciences, India;
• Mr Bruce Berman, CEO, Brody Berman Associates (US);
• Judge Prof. Dr. Joachim Bornkamm, Presiding Judge, Federal Supreme Court of Germany;
• Prof Robert Burrell, Professor of Queensland;
• Mr George Chappelle, EVP, Chief Operating Officer, Solocup;
• Ms Peggy Cheung, Partner, Jones Day (Hong Kong);
• Mr Dimitrios Drivas, Partner & Chair, Global Intellectual Property Practice Group, White & Case LLP, New York;
• Ms Karen Fong, Managing Partner, Rouse Legal (UK);
• Mr Danny Friedmann, Consultant, IP Dragon Blog;
• Ms Dominique Grigg, Barrister (Dominique Grigg Chambers), Queensland;
• Prof Hugh Hansen, Professor, Fordham University School of Law, New York
• Mr Albert Ho, Head of the Intellectual Property Investigation Bureau, Hong Kong Customs & Excise Department;
• Prof Justin Hughes, Senior Advisor to the Under Secretary of Commerce for Intellectual Property / Professor of Law, Cardozo Law School, New York;
• Mr John Hull, Partner and Head of IP, Memery Crystal LLP (London),
• Dr. jur. Kristina Janusauskaite, Attorney at Law (Lithuania);
• Prof Anette Kur, Research Fellow, Max Planck Institute for Intellectual Property, Competition and Tax Law;
• Prof Spyros Maniatis, Director, Centre for Commercial Law Studies, Queen Mary, University of London;
• Mr Batur Oktay, Director and Corporate Counsel at Starbucks Coffee Company;
• Ms Marilee Owens, General Counsel, BetBrain;
• Ms Anna Panka, Associate, Jacobacci & Partners (Milan);
• Hon. Robert van Peursem, Vice President, District Court The Hague, The Netherlands;
• Mr Guy Proulx, Managing Director, Transpacific IP Management Group Pte Ltd;
• Dr Meir Perez Pugatch, Senior Lecturer, University of Haifa in Israel, IP Policy & Commercialisation of Knowledge Assets/ Director of Research, the Stockholm Network;
• Hon. Randall R. Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit, Washington DC;
• Mr Robert Raskopf, Partner, Quinn Emanuel Urquhart Oliver Hedges LLP;
• Prof Jan Rosén, Professor, University of Stockholm;
• Ms Gayatri Roy, Partner, Luthra and Luthra;
• Mr David Ruder, VP (Memberships), RPX Corporation / Chair of Trademark Asset Management Committee, IAFS / Founder of Terrier IP Investments LLC;
• Mr Mustafa Safiyuddin, Partner, DSK Legal
• Prof Wang Qian, Professor, East China University of Political Science and Law, Shanghai;
• Mr Victor Wang, Senior Partner, Allbright (Shanghai);
• Mr Richard Wilder, Associate General Counsel for Intellectual Property Policy, Microsoft Corporation;
• Prof Peter Williamson, Professor of International Management, Judge Business School, University of Cambridge / Chairman, Tactical Global Management / Joint Author of “Dragons at Your Door”
• Prof Marry Wong, Professor of Law & Chair, IP Programs, University of New Hampshire School of Law
• Prof Peter K. Yu, Kern Family Chair in Intellectual Property Law / Director, Intellectual Property Law Center, Drake University Law School, Des Moines, IA
• Dr Daphne Zografos, Lecturer, University of Reading

For an updated list of speakers, see here.

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Professor Llewelyn Asks Rhetorical Question About IPRs: "Too Important to Leave to the Lawyers?"

Tonight, IP Dragon is looking forward to attend the lecture of Professor David Llewelyn about the relevancy of Intellectual Property Rights for everybody.

"As Premier Wen Jiabao has been saying since 2004, world competition in the 21st century will revolve around competition for intellectual property rights (IPRs). But what are these rights, what can you do with them and how can we foster the innovation and creativity they protect?"

Professor David Llewelyn is Honorary Professor IPR Law at the University of Hong Kong and King’s College in London. He is also Deputy Chairman and External Director of the IP Academy in Singapore, and Partner and Head of IP at international law firm White & Case in its London office, and Chairman of IPR-X (Asia Pacific) Pte Ltd, a Singapore-based IP strategy and investment company. Professor Llewelyn is one of the world’s leading experts on the protection and commercialisation of IPRs.

Professor Llewelyn is well known for his co-authorship of the book: Cornish, William & David Llewelyn, 'Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights'.

See the blog 'Professor David Llewelyn Explains All IPRs in One Hour' about his lecture here.

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