Top 50 contents: |
Introduction Jurgen Dressel, Novartis Colleen Chien, Santa Clara University |
AFTAB ALAM
FORMER JUDGE, INDIAN SUPREME COURT
Though Justice Aftab Alam has since retired from the Indian Supreme Court, one of his final written decisions will continue to have a big impact in patent law in India and the debate over the country's patent system. In Novartis vs Union of India, Justice Alam denied Novartis's patent application for its anti-cancer drug on the grounds that it failed to prove that Glivec, a different form of a known drug, failed to show enhanced efficacy over its previous form. This requirement stems from the controversial section 3(d) of the Patent Law, a provision unique to India's patent regime. The court's decision has raised a debate over section 3(d), which has bled into a worldwide argument about pharmaceutical patents and escalating prices, and whether advanced economies should have a section 3(d) equivalent in their patent systems. While Alam has moved on to the Telecom Disputes Settlement Appellate Tribunal, debate over his ruling on section 3(d) will likely continue for years to come.
ANNABELLE BENNETT
JUDGE, FEDERAL COURT OF AUSTRALIA
Well-respected among her peers, Judge Annabelle Bennett of Australia's Federal Court has drawn considerable media attention for her handling of the Apple v Samsung case. She has been credited for her no-nonsense approach and her efforts to streamline and speed up the case, in one instance admonishing the parties for their “ridiculous” dispute over 3G licensing fees and threatening to send them to mediation. Lawyers say she brings her thorough and efficient style to all matters before her, such as the recent decision where a registration for a "Superman Workout" was a bad faith allusion to the comic book hero. In addition to her duties as a judge, Bennett has also been involved in other activities where law and technology intersect, such as the Advisory Committee for Gene Patenting in the Australian Legal Reform Commission (she has a PhD in biochemistry). For her services to the legal profession she has been an Officer of the Order of Australia since 2005.
JACK CHANG
CHAIR, THE QUALITY BRANDS PROTECTION COMMITTEE
Jack Chang, the chairperson of the Quality Brands Protection Committee, seems to be a perennial fixture on Managing IP's Top 50, but one that it is easy to justify. For international companies doing business in China, it is hard to imagine a more valuable resource or stronger advocate for strong IP protection in the country. Chang and the QBPC have worked tirelessly to enhance cooperation between international companies and the Chinese government. Rather than merely lamenting the shortcomings in IP protection in China, Chang instead promotes dialogue with officials about best practices and the needs of all of the parties. One product of this exchange is the QBPC Yearly Best Practice list, where QBPC member companies nominate and celebrate successful enforcement actions. When brand owners mention Chang, they invariably speak of his dedication to enhancing IP protection in China. They also comment on his energy levels (the word "tireless" comes up often). Chang himself admits that he only sleeps four hours each night. Still, given the breadth of the QBPC's work as well as his responsibilities as senior IP counsel for GE, one lawyer said he wondered if Chang sleeps at all.
DENIS CROZE
DIRECTOR, SINGAPORE OFFICE, WIPO
Based in the strategically important Singapore office, Croze is driving international harmonisation of IP across south-east Asia. Croze spoke to Managing IP in June about his work at WIPO and the particular difficulties of operating in the ASEAN region, as part of his inclusion in this year's Top 50
Read the full interview here
KIM DOTCOM
MEGA
Opinions about Megaupload founder Kim Dotcom run the gamut from villainous conman undermining copyright to internet folk hero. Either way, it's hard to deny that he has a flair for the dramatic and savvy PR sense. Exactly one year after US and New Zealand authorities raided his home and shut down his Megaupload file locker service on the grounds that it breached copyright rules, he launched a new cloud storage site Mega. The website provides encryption and data redundancies across international borders to make it harder for the authorities to delete files. The launch party itself was defiantly gaudy, complete with a fake raid with helicopters, trucks, and dancers in military getup. In addition to Mega, he has taken his case to the internet masses: accusing US Vice-President Joe Biden of personally ordering the raid on Megaupload, and publishing his team's manifesto "Megaupload, the Copyright Lobby and the Future of Digital Rights: The United States vs You (and Kim Dotcom)". To his fans, Dotcom's claim to be an internet freedom fighter was reinforced after New Zealand's Prime Minister John Key said that the Government Communications Security Bureau illegally spied on him before the raid.
Dotcom may eventually be convicted, but for the time being, his keen ability to rally internet users makes him an influential voice
KONG XIANGJUN
CHIEF, IP TRIBUNAL, SUPREME PEOPLE’S COURT
At a time when IP litigation is on the rise in China (up 44% over the previous year), the influence of Kong Xiangjun, the Chief of the IP Tribunal at the Supreme People's Court, can be hard to overstate. Even though China is not a common law jurisdiction, decisions are still read very closely and lower courts are generally expected to follow the Supreme People's Court's lead. One area that both foreign and international rights holders are paying close attention to is the question of whether OEM manufacturing constitutes use of a trade mark. One brand-owner said that Kong seems to have taken a particular interest in this issue, though there are grumbles that he has not done enough to bring clarity. Late last year, the Supreme People's Court ruled in Ryohin Keikaku v TRAB (the Muji case) that OEM manufacturing solely for foreign markets does not constitute use for the purpose of establishing a brand's reputation in opposition proceedings.
However, a local lawyer said that there are still unresolved questions about the topic. For example, one official at the Trademark Office said that her understanding is that OEM manufacturing does constitute use in other situations, such as against claims of non-use, and it is unclear whether the Muji ruling has any effect on this.
Though while that case may not be the final answer that rights holders are looking for, China's role as the world's go-to manufacturing centre means that all eyes are on Kong's next step on this issue.
LIU CHUNTIAN
EXECUTIVE DIRECTOR, INTELLECTUAL PROPERTY TEACHING AND RESEARCH CENTER, PEOPLE’S UNIVERSITY LAW SCHOOL
Chuntian is one of the most influential people in the development of China’s IP law. And he likes a good argument. He spoke at Managing IP's International IP Forum earlier in the year, and made strong arguments for the way China's IP system needs to evolve as its economy evolves, from a planned to a free system.
Read the full interview here
JILL MCKEOUGH
COMMISSIONER, AUSTRALIAN LAW REVIEW COMMISSION
Jill McKeough has been tasked with leading the Australian Law Review Commission's (ALRC) inquiry into ways to update copyright law for the internet age. In June, her team released its highly anticipated paper "Copyright and the Digital Economy" for public discussion and debate. A major theme in the paper is the need for technological neutrality in the law in an attempt to deal with the rapid pace of change. One proposal involves extending Australia's re-transmission licensing schemes to any form of technology, including internet broadcasts. This has been a hotly debated issue not only in Australia since last year's AFL vs Optus case, but also in other countries such as the US and South Korea. The paper also recommends the adoption of a US-style fair use regime, or alternatively a greatly expanded fair dealing provision. McKeough's 18-month term on the ALRC will end in August, and she will return to her role as dean of law at the University of Technology, Sydney. But given the clamouring for legislative action since Optus, her work on the discussion paper may well have a far longer-term impact on the future of Australia's copyright regime.
SONG JIANHUA
DIRECTOR, TREATY AND LAW OFFICE, SIPO
You might not have heard of Song Jianhua, but the director of the Treaty and Law Office within SIPO is an important backroom figure in the development of China's IP system. While practitioners and scholars debate what the country's Patent Law should look like and what changes should be made to it, it is the Treaty and Law Office that gets to work preparing the drafts of revisions to the law and the controlling regulations, which are then sent to higher-level authorities for review and discussion. Discussions about patent policy might take place at a high level, one lawyer notes, but getting the details right depends on Song and her department. "In that sense, she is extremely important right now with the Patent Law being revised, because her department is the one that actually writes out what these statutes will look like."
SONG LIUPING
VICE-PRESIDENT AND HEAD OF LEGAL AFFAIRS, HUAWEI
PRABHA SRIDEVAN
CHAIR, INTELLECTUAL PROPERTY APPELLATE BOARD
The chairperson of India's Intellectual Property Appellate Board is retiring in August, but Prabha Sridevan's work during a period of rapid change for the country's IP laws will live on even after she steps down. India has grabbed headlines throughout the year with controversial rulings in the patent arena, and Sridevan and the IPAB have been at the centre of many of these holdings. Her biggest decision this year was upholding the Patent Controller's compulsory licence grant for Bayer's Nexavar cancer drug, the first compulsory licence issued in India. Sensitive to the high stakes and the issues involved, Sridevan took the somewhat unusual step of dedicating a seven-hour session to dictate the decision in open court (the written version has since been made available). In the decision, she defended India's use of compulsory licensing as compliant with TRIPs and stressed the need for patent laws that take into account the developmental realities of the country.
She reiterated these themes when speaking with Managing IP three days after the ruling: "IP laws say, 'these are the owner's rights, and of course this means ownership and control'." However, like laws that limit how land owners can use their property, she argued that IP rights are shaped and limited by compulsory licensing and that compulsory licensing balances innovator rights and the public interest.
In addition to guiding the IPAB through a number of high-profile matters, Sridevan has been universally praised for improving efficiency and procedural consistency at the IPAB. In June, she overturned the Patent Board's revocation of Pfizer's sunitinib patent, due to the Board's failure to forward to the Opposition Board a key affidavit from Pfizer's expert. Practitioners also point to her tight management of matters before the Board, noting that practices such as her reluctance to grant time extensions have led to cases being resolved more quickly. She has also been active in bringing attention to the practical challenges that the IPAB faces, such as a lack of funding and space. Even on this front, she has made progress by securing additional resources for the Board, though this is a challenge that her successor will continue to face.
Though Sridevan is stepping down from the IPAB, she will continue to speak and write about the law. A former judge with the Madras High Court, her legal interests extend beyond intellectual property into broader themes of justice and access to the law. She said that she will be writing a column in her native language of Tamil to explain to a non-legal audience the importance of the law and how it affects the lives of working people.
TIAN LIPU
COMMISSIONER, STATE INTELLECTUAL PROPERTY OFFICE, CHINA
Tian Lipu has been Commissioner of SIPO since 2005 and is, in many ways, the face of China's National IP strategy and the country's promise to transform itself from the world's factory into an innovation-based economy. Under his watch, China last year became the world's largest patent filer and is well on its way to reaching other targets, such as having 3.3 patents for every 10,000 citizens by 2015. However, despite the rapid pace of growth, critics say that the use of simple quantitative targets obscures the fact that most of the patents have little or no commercial value, with some claiming that the proliferation of low-quality patents actually obstructs the development of true innovation. The well-regarded Tian is set to retire from the role in October when he turns 60. However, he is already planning for the next stage of China's IP development to move beyond quantitative goals, with SIPO working to encourage companies to draft higher quality patents that can co-exist with well-established technologies.
Much of the work implementing the next phase of China's quantity-then-quality approach to innovation will be handled by Tian's successor. However, Tian's guidance of China's IP system through this period of hurried development will leave an imprint for years to come.
TEO MING KIAN
CHAIR, STEERING COMMITTEE, SINGAPORE IP HUB
Singapore has made impressive progress in its plans to becoming Asia's IP hub, and in many ways it appears to be ahead of other cities competing for the title. Teo Ming Kian, the chairperson of the IP Steering Committee, will play an important role in the city's continued development as an IP centre. In April, the committee released its master plan, which outlines a vision to make Singapore the centre for IP transactions and servicing, as well as a place for international filings and dispute resolution. The city has already made a number of bold moves in this direction, from revising its patent laws to dedicating S$65 million ($53 million) this year alone on its its IP Competency Framework to train workers for IP servicing jobs. The plan lays out Teo and his committee's vision of what Singapore's IP hub should look like. Given that governments around the world are touting the economic benefits of IP, Singapore's ambitions will be closely studied and perhaps even imitated.
