WIPO SMEs Newsletter December 2008

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WIPO SMEs Newsletter December 2008 By the SMEs Division of the World Intellectual Property Organization (WIPO)   WIPO SMEs Newsletter is a monthly e-publication providing readers with useful intellectual property information contained in articles, case studies, forthcoming IP/SMEs relevant events, and published presentations featured on our web site.  We hope you will find it useful and informative.  We encourage you to share the newsletter or items of interest with friends and colleagues.  For past issues and information on the activities of the SMEs Division, please visit http://www.wipo.int/sme .   LINKS   Advanced Copyright Issues on the Internet   This paper by David L. Hayes deals with the multitude of areas in which copyright issues arise on the Internet.  It argues that the ubiquitous nature of ?copying? in the course of physical transmission gives the copyright owner potentially very strong rights on the Internet and that fair use and implied license doctrines will take center stage in resolving the balance between copyright holders? and users? rights on the Internet.  More   Defensive Publishing:  An Empirical Study   This article by Joachim Henkel and Stefanie Pangerl gives some findings about defensive publication (DP) strategies of German Companies based on empirical study.  It finds that 70 percent of the companies in its sample use DP, for up to one third of their inventions. Explaining the merits of DP, in particular cost effectiveness and securing freedom to operate, it argues that the use of DP will increase in the future.  More   The IPR Ststem, Venture Capital and Capital Markets ? Contributions and Distortions of Small Firm Innovation?   This article by Jesper Lindgaard Christensen discusses how capital markets and recent trends in the patent system influence innovation activity and financing of small businesses.  It argues that patents have become a strategic asset to an extent that may impose excessive costs on the overall function of the innovation system, which may be unequally distributed among small firms.  More   Nordstrom?s State Tax Gambit Fails   This article by Robert Willens explains the recent U.S. tax court decision about transferring intangible assets based on its definition of nexus.  The judge ruled that in the Nordstrom case, its two subsidiaries lacked real economic substance as separate business entities and its way to avoid tax through transferring intangible assets to such subsidiaries may not be justified.  More   Identifying Valuable Intellectual Property in Bankruptcy   This article by Weston Anson defines ways of approaching the issues of identifying, valuing, and disposing of intellectual property in a bankruptcy situation.  It provides overview of how to identify intellectual property and intangible assets and how to group those components into bundles of discrete value.  More   What?s Your Software Worth?   This article by Soumitra Dutta questions the customary view of most companies to consider their core software assets as an expense item rather than as a value enhancing item based on an INSEAD survey of 250 CIOs and CFOs.  Recalling the rapid increase of software assets in organizations, it emphasizes the need to pay more attention from the business board to the organization?s software assets.  More   Get a Legal Physical for Intangible Assets   This article by Timothy Matson stresses the necessity of regular and systematic IP Audit likening it to a yearly visit to the family doctor.  It provides some explanations on the three steps (Investigate, Identify, and Analyze) of IP Audit.  More   Parallel Imports of Medical Products   This article by Marga Wolpert questions the Article 30 sentence 1 EC Treaty in balancing the opposing interests between the free movement of goods and protection of trademark rights holders.  Explaining the case law of the ECJ (European Court of Justice), it also analyzes some recent decisions of the BGH (German Federal Supreme Court).  More   Top Ten Questions You Should Ask Your IP Attorney; And The Answers You Should Look For   This article by Benjamin A. Katzenellenbogen provides some guidelines in choosing your IP law firms and attorneys.  More   How Confidentiality Agreements Protect You and Your Business   This article by Judith Silver explains issues related to when, how much, and to whom you may disclose your business information using the confidentiality agreement.  More     PAST EVENTS   WIPO-SCIPS Training Program on Intellectual Property for Small and Medium-sized Enterprises (WIPO Headquarters, Geneva, Switzerland, November 25 to 28, 2008) More    WIPO Workshop on Intellectual Property Rights (IPRs) System and the Competitiveness of SMEs in the Syrian Arab Republic (Damascus, Syrian Arab Republic, Nov 17, 2008 to Nov 18, 2008)  More   IP PANORAMA Business School for Korean Companies (WIPO Headquarters, Geneva, Switzerland, October 6 to 10, 2008)  More   NOTE:   The SMEs Division welcomes voluntary contributions of articles, case studies, news items, useful links and relevant information concerning forthcoming events of interest to entrepreneurs and SMEs for inclusion in future issues of this newsletter; contributions may be sent by email to sme@wipo.int.   If you have received this newsletter from someone and would like to subscribe yourself, then simply send an e-mail to sme@wipo.int with "subscribe" as the subject, and indicate your language preference (English, French, Spanish, Arabic, Chinese or Russian).   The past issues of this newsletter, since August 2001, may be accessed here.   Copyright (c) 2008 World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva, Switzerland

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