A Global Need

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A Global Need

• International Patent Application and Enforcement
  Agency
• David Levy

2
Sources

• Global Patent Statistics (WIPO)
• Global Patent Litigation
• US Census Business Data
• Samsung v Apple Dispute
• Samsung v Apple Dispute continued

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Patents

• First patent was issued in 500 BC by the Greeks
• Recognized as important for commerce ever since
• US Patent applications steadily rose from late
  1800s through today
• Today, everything is patented (shoes to software)

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Patent Data
5
Data Continued
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Global Patents
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Patent Issues

• More patents, more problems
• Global litigation has skyrocketed
• National borders marginalized by technology
• Courts jammed

8
TRIPS PCT

• The world has tried, but failed, to solve the
  patent dispute issue
• Trade-Related Aspects of International Property
  Rights (TRIPS)
• Administered by WTO
• Focus on IP issues, not patents specifically
• Patent Cooperation Treaty (PCT)
• Lack of enforcement capability
• 1970, PCT standardized procedure for filing
  patent applications by creating international
  application
• Means nothing

9
Samsung v Apple

• Began in 2011 when Apple filed first suits
• Filed in over 10 countries
• South Korea, Japan, Germany, France, Italy,
  Netherlands, Australia, UK, and United States
• Apple alleged that Samsung had infringed upon its
  patents for trademarks, user interface, and style

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Samsung v Apple

• Apple won 1.049 Billion in US
• UK Judge said Samsungs products are not cool
  enough to be confused with Apples iPad
• South Korea ruled in Samsungs favor
• Apple won bounce back counter suit
• Samsung won in Japan, but lost bounce back
• Apple won full ban in EU by German court, later
  overturned
• Samsung lost in Netherlands
• Apple granted sales ban in Australia, but PM
  intervened?

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Policy Proposal

• Litigation is costly and time consuming
• Need a global patent office
• Makes sense in a globalized world

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Global Patent Office

• International Patent Issuance Office housed in
  the WTO
• WTO already recognized and has power
• Modeled off existing DRS
• Level the playing field for smaller firms
  (patents cost )

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Questions