Eastern Bound. A seamless solution to securing your intellectual property rights throughout Asia

Transcription

1 Eastern Bound A seamless solution to securing your intellectual property rights throughout Asia

2 The patent practice attracts the attention of many international and large local companies and research institutes. They provide excellent guidance and advice across the multiple jurisdictions in which we file our patents, remarks a client. Another one of the firm s clients also praises its knowledge of specific country requirements when dealing with individual patent offices Managing Intellectual Property 2 Eastern Bound

3 Eastern Bound: The Solution to your IP Needs in Asia With 48 countries spanning the eastern and northern hemispheres, Asia is the world s largest continent and home to 4.4 billion people or 60 percent of the global population. Asia s size and diversity, matched only by its capacity to innovate and create, makes it an important source of future revenue growth for US and European companies. At the same time, Asia presents some of the most challenging and dynamic intellectual property (IP) frameworks. Many Asian countries have relatively young IP systems. Their governments are still reconciling the demands of foreign trading partners in relation to protection of IP, with their own internal systems, legislative frameworks and development objectives. However, remarkable progress has been achieved over a short period of time, with many Asian nations having installed relatively complex and robust systems for the protection and enforcement of IP rights that have been tried and tested over recent years. Asia s increasing recognition of the value of IP protection is evidenced by the rapidly increasing use by Asian nationals of global IP protection mechanisms, such as the Patent Cooperation Treaty (PCT) system, to protect their own innovations internationally. The developing interest in IP in Asia, both through utilisation of the system by Asian nationals and by others wishing to protect their IP in Asia, has resulted in the creation of many new IP firms and the expansion of smaller, established firms at an unprecedented pace. This has given rise to significant variance in the degree of skill and competence on offer, as well as wide variability in case management and monitoring systems, service levels and pricing. Coupled with divergences in the IP systems, communication difficulties and time-zone differences, our clients often find it hard to navigate the various IP regimes in Asia. Shelston IP has a wealth of experience, built up over decades, in obtaining and enforcing IP rights across Asia. Through our extensive network of Asian associates, stateof-the-art case management systems and highly skilled personnel, we strategically, seamlessly and cost-effectively coordinate the protection of our clients valuable IP assets across Asia, providing a fully integrated regional service solution and value proposition that are second to none. We invite you to explore the benefits of our Eastern Bound offering to your IP needs across Asia. We trust this will be of interest and welcome your queries regarding the integration of our Eastern Bound solution into your global IP strategy. Stuart Smith Managing Director Eastern Bound 3

4 As technology owners increasingly consolidate their panels of IP service providers, Shelston IP has often been a beneficiary. It has also won a number of beauty contests of late and has seen its stock rise significantly as a result. A key selling point is its big-picture thinking on protection, commercialisation and enforcement issues; it fields a mixed cadre of lawyers and patent attorneys who collectively see things from all angles. INTELLECTUAL ASSET MANAGEMENT (IAM) Eastern Bound

5 International and Independent Shelston IP acts for many of the world s largest, fastestgrowing, and most successful companies and brands, across a diverse range of industries, including 46 of the Fortune 500 companies. This requires us to work on a daily basis with attorneys and lawyers around the world. Our extensive knowledge of the IP landscape throughout Asia, accumulated over many decades, enables us to achieve highly successful outcomes for our clients. We are objective about the firms we engage on behalf of our clients. We work only with those Asian firms we consider to be best of breed - those that have the expertise and know-how required by our clients, and those that share our firm s commitment to quality, client service and value for money. PAKISTAN NEPAL BANGLADESH INDIA LAOS VIETNAM SRI LANKA THAILAND MALAYSIA CAMBODIA PHILIPPINES SINGAPORE BRUNEI INDONESIA PNG (PAPUA NEW GUINEA) AUSTRALIA NEW ZEALAND From our headquarters in Sydney, Australia Shelston IP attorneys and lawyers service the intellectual property needs of global clients throughout Asia. Eastern Bound 5

6 Challenges Facing In-house & External IP Counsel At Shelston IP we understand the special challenges faced by inhouse IP counsel and external attorneys and lawyers in obtaining strong IP protection across Asia. In particular we recognise the need to identify, often quickly, established reputable agents across the region who have: The requisite technical and/or legal expertise Access to translators who have both language proficiency and technical expertise The capacity to manage volume, be responsive, and meet deadlines Procedures and practices in place for dealing with conflicts, real and potential The ability to communicate in plain English. 6 Eastern Bound

7 Many Jurisdictions One Seamless Solution Through our Eastern Bound solution we seamlessly coordinate the management of your IP portfolio across Asia and remove the administrative burden of corresponding with firms in multiple jurisdictions and timezones. 1. You will receive detailed cost estimates of work to be carried out in each jurisdiction in a single document. 2. Upon receipt of your instructions, we will promptly identify, appoint and instruct agents and translators with appropriate technical and legal expertise. 3. We will confirm filing of the cases and provide relevant official reference numbers in a single document. 4. We will report outstanding formalities requirements in all the relevant jurisdictions and will provide all documentation for execution in a single communication to you. 5. We will monitor formalities deadlines in each jurisdiction and ensure compliance within all relevant timeframes. When necessary, reminders relating to outstanding matters in the various jurisdictions will be issued in a single document. 6. Unless otherwise instructed, we will issue one invoice in US dollars for all cases after filing. 7. To ensure consistency and to obtain the broadest possible protection, one attorney (supported by a team of attorneys with relevant expertise) will coordinate prosecution of related cases across all jurisdictions 8. We will seamlessly coordinate renewal and annuity payments in the chosen jurisdictions. 9. We will provide infringement and enforcement advice in plain English and coordinate these complex matters across jurisdictions if and as required. Our expertise and experience in Asia will streamline your Eastern Bound strategy. Eastern Bound 7

8 The Real Cost of Fake Goods Notwithstanding the capacity of Asian nations to innovate, the fact remains this region is responsible for the majority of the world s counterfeit goods. The International Chamber of Commerce estimated that the counterfeit goods market in 2015 would be worth $1.7 trillion. That s two per cent of the world s total economic output. The Federation of Indian Chambers of Commerce and Industry and KPMG estimate the Indian counterfeit market is growing at a rate of 44 per cent per annum. 8 Eastern Bound

9 Value for Money For IP owners and their attorneys, Shelston IP s Eastern Bound solution delivers real value for money by: Providing a single point of contact for all of your IP requirements in Asia Enabling you to interface with English speakers Providing peace of mind that comes from knowing one firm has line-of-sight of all your IP activities across Asia Proactively and effectively managing agents across a geographicallydispersed region and within fractured time zones Reducing the administrative burden of developing, maintaining and enforcing an IP portfolio across Asia Carefully and systematically assessing Asian firms (and continually re-evaluating them) based on their legal and technical expertise, client service, and language fluency Relieving you of the burden of identifying and managing translators who have language proficiency and appropriate technical expertise Mitigating the risks associated with cross-jurisdictional IP registration and protection Efficiently achieving greater consistency across your regional IP portfolio Leveraging Shelston IP s buying power with IP associates throughout the region to obtain the best value for you. Eastern Bound 9

10 Key Contacts Patents Trademarks Russell Davies Principal Mechanical Engineering RussellDavies@ShelstonIP.com Sean McManis Principal Trademarks SeanMcManis@ShelstonIP.com Paul Harrison Principal Chemical Engineering President, Asia Patent Attorneys Association (Australia) PaulHarrison@ShelstonIP.com Charles Tansey, PhD Principal Chemistry CharlesTansey@ShelstonIP.com Jack Redfern Principal Electronics & IT JackRedfern@ShelstonIP.com Commercialisation & Litigation Shelston IP Australia Chris Bevitt Principal Commercialisation/Licensing ChrisBevitt@ShelstonIP.com Mark Vincent Principal Litigation MarkVincent@ShelstonIP.com Jacinta Flattery-O Brien, PhD Principal Biotechnology & Pharmaceuticals JacintaFlattery@ShelstonIP.com Level 21, 60 Margaret Street Sydney NSW 2000 Phone: (+61) @shelstonip.com Web: 10 Eastern Bound

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