INTELLECTUAL PROPERTY – OBTAIN, EXPLOIT OR ATTACK?  

Experience of IP performance and the consequences of IP infringement are generally known by those who battle IP theft in world markets but a new Global Intellectual Property Index, underpinned by statistical evidence provides a useful assessment of the best and worst jurisdictions to obtain, exploit, and attack particular types of IP. The index has been launched by Taylor Wessing (TW) in conjunction with Managing Intellectual Property. Michael Frawley Managing UK Partner of Taylor Wessing,  (UK) said, “IP law is developing rapidly in order to meet the challenges of the ever increasing change in technology and no jurisdiction can afford to be complacent about its legal system for IP.” 

UK RANKS NUMBER ONE IN IP

Designs seems to have been excluded (yet again!) in any analysis of IP rights, however, in focusing on the Big 3, trade marks, patents and copyright, the general level of country performance is fairly clear. (Through ACID Lobby, ACID is assured by the UK Intellectual Property Office (UKIPO) that more acknowledgement of “Designs” as a legitimate IP right will be given in future!)

The index is based on TW’s analysis ranking 22 jurisdictions in order of IP competitiveness (1 being excellent – 22 bottom of scale) with the creation of 5 tiers which can be seen by clicking below.

Global IP Performance Chart 

The new president of WIPO (World Intellectual Property Organisation) is a highly respected Australian within the world of IP, Francis Gurry – let’s hope that a down under, down to earth approach to the problems that the world faces through blatant IP theft will receive a no-nonsense practical approach, something the Australians are fairly good at! Francis Gurry was welcomed by Jeremy Phillips of IPKat http://ipkitten.blogspot.com/search?=Francis+Gurry  as, ”A sincere and committed IP enthusiast” and looks forward to his reign. Gurry is also the founder and head of WIPO’s Arbitration and Mediation Center.

Some further observations from the report: 

• Two thirds of respondents say that the time their organisation spends dealing with IP has increased over the past 3 years.

 

• China is improving almost monthly as it becomes more aware of the value of IP and the need to protect its own IP. Similarly Brazil has improved its IP enforcement efforts.

 

• Although the UK is ranked first, it is a high cost litigation jurisdiction. Unsurprisingly given the low-cost, quick and effective ex parte interim junctions available in Germany in relation to enforcement, Germany scored higher than the UK.

 

• For the third time in a decade Russia is undergoing an overhaul of its IP laws.