The Women's IP World annual 2019/2020 by Northon's Media PR & Marketing Ltd

Contents

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AIPPI Opening letter by Olga Sirakova, AIPPI Secretary General.

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Genius, Creativity, and Endurance: all in the long journey of women’s recognition By Renata Righetti Pelosi, AIPPI President.

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The Importance of Women in Innovation by Bobbie Carlton, Founder, Innovation Women.

Law firm profiles, bio’s and article

Africa page

Anku.Anku At-Law - Partner profile & article Trademarks Exclusivity: THE HAMPATA CASE by Sarah Norkor Anku, Senior Partner at Anku.Anku At-Law.

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OAALaw - Partner profile & article - IP Funding a key to entrepreneurial development through IP asset ownership in Africa by Mary Concilia Anchang - partner at OAA Law.

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Stillwaters law firm – Profile & article - The importance of Intellectual Property to Small and Medium-Sized Enterprises by Amaka Okafor Associate, Stillwaters Law Firm

Corner Stone & Partners, Partner profile & Article - Cross-Class Protection of Well-known Marks Should Accord with Their Popularity by Brenda Zhao of Corner Stone & Partners.

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Ms. Elvin Hassan - Editor & Head of International liaisons

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LexOrbis Partner profile Manisha Singh, Co- Founder and Partner at LexOrbis

Europe page

Dr. Helen G. Papaconstantinou and Partners, Partner profiles & presentation Women as lawyers and leaders in IP in Greece.

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Estrategia Juridica, Director & Attorney at Law profile Claudette Vernot.

IP Service provider profiles, bio’s & articles

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Patent Seekers - Women of Science by Freya Shepherd, member of the Biotech team at Patent Seekers.

Patpol Partner profile Izabella Dudek-Urbanowicz.

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North & Central America U.S.A

Minesoft, Co-Founder & Managing Director profile, Ann Chapman-Daniel - Article, taking out the trash: big industry starts clearing up the mess made by our ‘throwaway’ society by Moira Sivills, Business Development Executive, & Caitlin Kavanagh, Marketing Executive, Minesoft.

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Advitam, Partner profile & Article - The Myth of Work-Life Balance by Michele S. Katz Founder Advitam IP, LLC.

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Dumont, Partner profile & Article - Why is everybody talking about cultural misappropriation? by Laura Collada, Dumont.

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South America page

Litvin Marzorati Legalis, Founder Partner profile Melisa Litvin.

Women in Intellectual Property Law by Anomi I Wanigasekera - Partner at Julius & Creasy.

Eproint, Partner profile Gabriela Bodden.

Asia page

We are delighted to present you with the launch edition of The Women’s IP World Annual 2019/2020, celebrating women at all levels working in IP Law and Innovation. From the very beginning, the response and feedback we have had was amazing, and we would like to thank all of the incredible women involved. Our aim was to celebrate a group of diverse women, from all over the globe, showcasing their achievements and also their personalities to inspire and inform. We have taken an unbiased approach and kept the articles & profiles as authentic as possible, to keep the author’s own personal style. This has resulted in a cocktail of inspirational women coming together to share thoughts, ideas, and experience positively. We hope you enjoy this issue as much as we have enjoyed putting it together.

www.womensipworld.com

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Dantofon, Co-Founder & Strategic Operations Manager profile, Lee-Ann Picoto - Article Innovation in its modern meaning is a new idea, creative thoughts, new imaginations in form of device or method.

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Brand Enforcement UK LTD, CEO profile Lisa Lovell.

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Carlton PR & Marketing. Innovation Nights, Innovation Women, Founder profile Bobbie Carlton.

Carlos Northon

Founder & CEO Northon’s Media PR & Marketing Ltd Publisher of The Global IP Matrix & Women’s IP World carlos@northonsprmarketing.com

Elvin Hassan

Editor for The Global IP Matrix & Women’s IP World Head of International liaisons for Women’s IP World elvin@womensipworld.com

Craig Barber

Head of Design for The Global IP Matrix & Women’s IP World info@northonsprmarketing.com

Letter from AIPPI OLGA SIRAKOVA -

My name is Olga Sirakova, and I am writing this opening letter in my capacity as Secretary General of AIPPI. It has been my honour and pleasure to serve AIPPI in different roles, including as Secretary and President of the Bulgarian group of AIPPI, four years as a member and four years as Chair of the Nominating Committee, and the last five years as Bureau member. These roles have been voluntary, limited in term, and which I perform alongside my daily professional engagements. I am a Bulgarian patent and trademark attorney, Bulgarian attorney at law, European patent attorney, European Trademark and Design Attorney, and partner of Bulgarian law firm Interius. Most importantly, I am a mother of two wonderful grown-up children. Trying to combine all these roles, I am no exception from the other IP professionals. It takes a lot of passion to reconcile these different roles and social responsibilities; none of us could do it alone. We are grateful to our teachers for all lessons learned – easy and difficult ones.

Genius, Creativity, and Endurance:

SECRETARY GENERAL OF AIPPI

We work together with our partners and colleagues from all over the world to best protect and help our clients, across different cultures, jurisdictions, and time zones. We discuss, negotiate, and fight. Sometimes we win, sometimes we lose, and every time we get a little bit stronger. This is the daily routine for IP lawyers. For us, women, the choice is not whether you pursue a complicated case with the help of a man, or of a woman. As long as you have a reliable and trustworthy partner to work together with, you will be strong and successful. My experience shows that the reverse is also correct - male colleagues are looking for professional support – men or women, and this is what matters. However, has it always been like that? Is it like that all over the world? Maybe not, as this publication is launching only now. Maybe women still need to share their success stories to encourage others. All women may still need to express the challenges they experience and get inspired by how others face them and deal with them. Northon’s Media, PR & Marketing’s publication“, Women’s IP World,” is a platform. A platform for women to demonstrate their achievements, to learn and get a shared creative impulse from each other. It is also a platform where women could receive recognition for their work showing their professional experience and their unique personalities. AIPPI is happy that this publication is launching at the occasion of the AIPPI World Congress in London and that we could support this endeavour.

AIPPI is an organisation which was once regarded as a “men’s club.” These times are long gone. Our bylaws explicitly require gender diversity for all positions in all the institutional bodies of the association. Therefore, the current Bureau comprises of 15 members, 7 of which are female, including the President and the Secretary General. Women mostly do the day-to-day work at the General Secretariat of AIPPI. The composition of our membership, as well as our committees, (which are the cornerstones of AIPPI), show true balance and commitment of both men and women. This makes this organisation one of the most influential and respected non-governmental IP organisations in the world. We are all engaged in this volunteer work in the best way we can be.

all in the long journey of women’s recognition. As discussed by Renata Righetti Pelosi, President of AIPPI www.aippi.org

All along with the entire human history we women were always, approximately, half of the total number of human beings. However, recognition of the female contribution to the development of culture and society has always been neglected.

Diversity and equal rights need to be practiced in our daily work environment, not only in the IP profession. Tremendous progress has been made, and we see it all around; however, there are things to be improved. I am therefore confident that this publication will find an interested audience in the IP World.

The ‘names’ of our ancestors of which we are aware of are disproportionately male names, remembered, regardless of the specific reasons why.

What keeps us all together is the shared passion for what we do. We will be successful if we continue sharing it. Share it with us!

Of course, all of us know the names of some powerful women; for example, empresses or queens, and the names of a few outstanding creators, poetesses, and artists. However, the more we go back through the centuries, the more difficult it is to find memories and traces of the contribution of women to the development of knowledge, inventiveness, and understanding.

No need to recall Bertoldt Brecht to recognise that most of the ‘History,’ as we know it, did not report the names of those who were not so powerful, women or men, but against ‘the other side of Heavens’ damnatio memoriae worked even more efficiently. Too often, when a female scientist or scholar proved herself to be outstanding, the social and political environment cut her off. An example is the well-known case of Hypathia, the very first notable woman in mathematics and astronomy, who was murdered by insurgent Christians, in

Alexandria, Egypt, during the second half of the IV century AD. Furthermore, let us remember the thousands of women who, many centuries later, were burnt at the stake in Europe and America as witches and who were probably the only healers in their communities who took advantage of the traditional female knowledge of herbs and plants. Closer to our times and moreover, as we are mentioning names, it is essential also to remember the name of Maria Sklodowska. She was twice a winner of the Nobel Prize for two different scientific fields; her name

has almost been forgotten as she is better known worldwide under her husband’s name, Curie, instead of her own! Notwithstanding all the difficulties still existing, we must reecognise that thanks to the fighting and endless efforts of many women all over the world, most countries now acknowledge women’s skills, capacities, and equal rights; it is at least partially, achieved.

We can see it in any field, and the IP world is not an exception. The number of women in all the professions linked to IP has significantly grown in less than half a century, which is a period so short that several of us are witnessing the process and the actual changing in our own professional lives. Nowadays, in most jurisdictions, there are no longer rules limiting the enrollment/ election/activity of female Judges, Lawyers, Patent and Trademark Attorneys, IPO Directors, Examiners, Researchers, etc. As a consequence, also, the number of women reaching top positions in their respective fields has increased very much. It brings a more favourable ambiance from the very beginning for any woman in her career in IP. Looking back at my experiences, I am certainly not the only one of my generation who was often approached as the “secretary,” at most the assistant, of a male colleague when meeting clients or associates. We do not hear this much of younger female colleagues. It hopefully means we have progressed. Sometimes in private practice, it is more difficult to reach the highest positions than in the public sector because their rules must always be applied, and the selection and promotion process is more ‘neutral’ and objective. However, of course, many women presently are at the top of IP Firms in many jurisdictions.

IP Associations often take a similar attitude to public sectors. Within AIPPI, for instance, Art.1.5 of the Statute states that the Association “shall not discriminate, especially concerning religion, race, national origin or gender.” The above is an obvious principle considering its International vocation and to implement it the Nominating Committee and the Bureau are always very careful to suggest for any election members with different geographical and professional backgrounds as well as gender diversity.

The implementation of this diversity principle has allowed AIPPI (over the last few years) to substantially increase the involvement of women in all the Committees as well as, for the first time after more than a century, to have at an international level a female Reporter General, Secretary General and President. The same principles apply to the National and Regional Groups, that are the backbone of AIPPI, and the numbers of female delegates and presidents of Groups increases every year. Also, other “sister” Associations have been, and are still going, through a similar process of renovation and modernisation. It is not a completed process as yet and AIPPI, like other IP Associations, support networking, mingling and exchanging experiences and opinions among its female members.

It is very appropriate in this connection to mention that in June 2019, in Vienna, EPO honoured the winners of the Inventor Award 2019. For the first time, an inventor won in two categories: Lifetime Achievement and Popular Prize and the winner was Margarita Salas Falgueras for her inventions on DNA amplification for genomics. A considerable achievement, indeed!

Many women are also IP owners in their own right or because of their position within Companies.

To conclude these few lines, I wish to share with you a personal dream and hope.

Unfortunately, I am not aware of any study nor statistics on this specific area of IP. Perhaps someone knows better or would think of conducting studies? Even then the vast majority of IP owners are companies and consequently any statistic will not have a definite significance

Recently we received some interesting, good news concerning inventors’ gender, from a survey conducted by WIPO among PCT applications updated to 2018. It shows that last year, 33% of all filed PCT applications mentioned at least one woman among inventors and that 17% had woman/women as inventors. These numbers are certainly not good enough but show that the trend of women being patent inventors is continuously increasing over the last monitored years (2000-2018). Women only inventors increased by 54,5% in the previous two decades, and invention with a woman among inventors increased by 65%. The other good news is that the increasing rate seems to be accelerating. It is interesting to remark that, not surprisingly, in the field of Pharma, Biotech and Biology, Food Chemistry and Organic Fine Chemistry, the majority of inventions have at least one woman among mentioned inventors.

Unfortunately, we do not have any data on creators of trademarks/logos or design, though I am quite sure that the creativity of women is very present, strong and influential in those sectors. In my personal opinion, women always have a better taste and the finest touch on aesthetical works and activities.

Despite any reasonable likelihood, I like to hope that exclusive rights granted to cooks who invented new recipes - according to the so-called Sybaris Patent, from the Greek colony in Southern Italy, dating to the VII Century BC - were occasionally granted to female cooks too.

The hope is that younger women in IP, but not only, could witness a better tomorrow that – resounding Kahlil Gibran – ‘We cannot visit, not even in our dreams.’

Women in The Importance of

Innovation

Bobbie Carlton, Founder, Innovation Women www.innovationwomen.com

Gender equity discussions and initiatives in recent years may feel trendy, and momentum may seem like it is on our side, but we still must face sobering statistics when it comes to women in business, women in tech and women in innovation. We need to ask - are we driving important potential innovators and innovations out of business? Are we losing or delaying innovations because half the population doesn’t see the Innovation Economy as welcoming or a realistic setting for their talents? How do we entice them to stay? Consider career growth – promotions, pay equity, bonuses, and new job opportunities. Add in a dose of business growth and success. Ponder funding a startup. How about attracting investment in an existing business? Have you looked lately at board seats? C-level executives. Market leaders. Acknowledged experts. Thought leadership. Even mentions in the media and social media? Alternatively, as we have been calling them, the 6 “C’s” – Cash, Career, Customers, Credit, Credibility, and Community. These are just some of the places and opportunities where women are left behind or left out. Starting at the top: – Deloitte looked at nearly 7,000 companies in 60 countries. In 2017 women held 15 percent of all board seats globally, up from 12 percent of board seats just two years prior.

– According to Fortune, women held 15.7 percent of board seats at Fortune 500 companies 15 years ago. Today, women hold 25.5 percent of those seats. – The number of women running Fortune 500 companies is at a record high; there are 33 female CEOs among the Fortune 500 (with presumably one CEO per business) in 2019, up from 24 in 2018. This is just a little over 6 percent. However, female CEOs tend to leave quicker than their male counterparts, so we could see these numbers drop quicker than we’d like. Women stay for less than 4 years, where the average male CEO stays for 5 years. Some women leave these positions, or the positions that could succeed the top positions, to start their own companies. They often cite stalled careers, pay inequities, and a lack of meaningful work (a big issue for women who work or want to work on the forefront of innovation). Worst case, they point to unsafe, abusive, or just plain uncomfortable work environments.

If you only look at funding, the numbers for female entrepreneurs are just as or more so dismal: – According to data from Pitchbook and All Raise, in 2018, 482 female-led U.S. companies raised $2.88 billion, or 2.2 percent of all venture money invested. The number of deals by female founders is growing, but the percentage of the overall amount remains stagnant due to the increase in so-called mega-deals. One mega-deal example, Juul ($12.8B), represented $10B more than all the female founders in the U.S. combined. So, forget startups, because high growth companies often need outside investment in order to scale. Let’s look at small businesses. – A 2016 Amex OPEN report revealed there were 11.3 million women-owned businesses in the U.S., and those businesses generated $1.6 trillion in revenues. – The same report showed that women start small businesses at a rate five times the national average, or about 1,000 new women-owned businesses every day.

– Women apply for fewer and smaller small business loans, but when they do receive loans, it’s at a higher annual percentage rate (the actual yearly cost of funds over the term of a loan.) – Women-owned businesses account for only 4 percent of the U.S’ business revenue, and women entrepreneurs employ fewer workers - about 8 percent of all workers. Are women focusing on small businesses that don’t need outside investment because they know their chances of receiving funding are so low? Almost two-thirds of women selffund their businesses or bootstrap. Are they hamstrung by a lack of working capital, or are they taking other paths to success? Seventyone percent of women business owners said their business was profitable according to Guidant Financial and LendingClub’s 2019 Small Business Trends report. Outside financing can make the difference when it comes to the survival of your startup or small company. Twenty percent of small businesses fail in the first year, and half fail before five years – why pile on the challenges when you might be able to focus your energies on starting and growing a business that doesn’t need funding or investment? More and more data are surfacing that points to the existence of diverse teams as a way to speed success, to solve problems faster, and to produce fresh innovation. (Note that diversity is not just gender-oriented but involves race, economic strata, sexual-orientation, and more.) Two heads are better than one when it comes to innovation. Why? Moreover, why women in particular? When we talk about innovation, we’re often talking about new products and processes. When conceiving and designing these, it’s always helpful to test theories and prototypes on your target market. In addition to products designed specifically for women, are we ready to write off the opinions of half the potential market? Making sure women are represented on your team helps you design with them in mind. Having women on your team speeds the overall process. Also, it’s not just the teams; it’s the team leaders. Have you ever wanted to offer up a new idea or concept and rejected the thought yourself before you shared it with others? Maybe you didn’t share your idea because you were fearful of rejection, scarred by repeated and persistent rejection? According to Sylvia Ann Hewlett, Melinda Marshall and Laura Sherbin, writing in the 2013 article “How Diversity Can Drive Innovation” in the Harvard Business Review, “Without diverse leadership, women are 20 percent less likely than straight white men to win endorsement for their ideas; people of colour are 24 percent less likely; LGBTs are 21 percent less likely.”

Head spinning yet? The odds are indeed stacked against us. Or are they? Perhaps it is time to throw aside the scary negative data and focus on results: – According to data from First Round Venture Capital’s 10-year Project, female founders outperform their male peers by 63 percent in terms of value created for investors. – The Small Business Association concluded in 2017 that venture firms that invested in Women-Led Businesses (WLB) saw an improvement in their fund’s performance. – According to David Rock and Heidi Grant in an article in the Harvard Business Review, various studies point to companies with more women being more likely to introduce radical innovations, and “cultural diversity is also a boon to innovativeness.” If results are better for female founders and diverse teams, why are we still so far behind and so far away from gender-parity? The World Economic Forum estimated in 2018 that at the current rate of progress toward equity in pay, it will take 202 years to reach parity. (Progress – in 2017, the estimate was 217 years. However, this was a significant jump from the previous year – in 2016, the estimate was “only” 170 years.) How do we move beyond the scary data and the challenges represented by the numbers? 1) Start by examining your biases – both conscious and unconscious. When we say entrepreneur, who do you see? When we say, scientist or engineer? Lawyer? Doctor? Nurse? (Biases cut both ways.) What do they look like in your mind’s eye? We all have biases formed by our life experience. Know your bias. How do you treat the team? Who is shouldering extra office work and chores? Often, it’s the women. 2) Think about how you inform and influence the unconscious bias of others. Who do we see as thought leaders, experts, and influencers? Often these are the speakers at conferences, the expert sources in the media and the (very visible) executives? Visibility drives business opportunities and shows the next generation what a leader looks like. Don’t turn down that speaking opportunity. Don’t assume that only the (more-likely male) CEO can speak for your company. Stand up and be counted. Mentor. Speak to classes. Show the flag. Also, when you can’t take the stage, don’t automatically pass the opportunity off to one of the usual suspects – look to the women on the team, even if this might be their first time on-stage. (You may wish to consider speaker training or specifically targeted practice opportunities.) 3) Consider family-friendly policies for everyone. Flexible schedules. Working from home. Paid leave for both maternity and paternity. When men have flexibility, their partners have options that could include staying with your company where before they might have dropped out or pulled back from their careers. (This applies to same-sex couples too.)

4) Expand your thinking. Don’t stop at gender equity. Diversity and inclusion should be our approach. While white women have challenges in the workplace, the challenges multiply when you bring women of color into the fold. Pay equity gets farther and farther away. So diversity is more than gender and race – consider economic status, physical abilities, national origin, political beliefs, and sexual orientation too. 5) Have a goal. Track and measure your progress toward your goal. If we want to have an impact, we need to know where we are starting (setting a benchmark) and what success looks like. 6) Don’t just focus on the top layer. Think long term and consider in-depth succession plans. It’s tough to move up when there’s no one to backfill what you do. 7) Don’t settle. Our goal should be 50/50 when we look at gender equity. We should receive equal pay. Women should sit on boards, lead companies, and countries. 8) Consider legislation to move stalled efforts forward. No Manel Zones. Board equity. In 2018, California passed a bill requiring companies to have a minimum of one on their board of directors by the end of 2019. This is modeled on the requirements from European countries. At the end of July 2021, companies with five-person boards will need two women and boards with six or more will need three. It’s important to us all that we tap the entire population if we want to make real and timely progress toward the biggest challenges of our age – disease, climate change, privacy, an aging population, racial and gender inequality, ethical use of artificial intelligence, income inequality, hunger, clean water…the list goes on. Half of us can’t sit on the sidelines and hope the other half come up with the answers. Bibliography:

https://www.weforum.org/projects/closing-the-gender-gapgender-parity-task-forces https://www.sba.gov/content/venture-capital-social-capital-andfunding-women-led-businesses https://hbr.org/2016/11/why-diverse-teams-are-smarter https://s3.amazonaws.com/mentoring.redesign/s3fs-public/ SCORE-Megaphone-of-Main-Street-Women%E2%80%99sEntrepreneurship-Spring-2018_1.pdf https://www.urban.org/research/publication/competitive-andspecial-competitive-opportunity-gap-analysis-7a-and-504programs/view/full_report https://www.fundera.com/blog/2017-spotlight-womenentrepreneurs

IP LAW FIRM

PROFILES & ARTICLES

https://fortune.com/2019/01/28/funding-female-founders-2018/ https://www.catalyst.org/research/women-on-corporate-boards/ https://www.cnbc.com/2019/05/16/the-number-of-womenrunning-fortune-500-companies-is-at-a-record-high.html https://www.cnbc.com/2019/05/16/the-number-of-womenrunning-fortune-500-companies-is-at-a-record-high.html http://10years.firstround.com/

Sponsored by

https://www.guidantfinancial.com/small-business-trends/ women-in-business/ https://www.forbes.com/sites/allbusiness/2019/05/04/womenentrepreneurs-self-fund-new-business/#7751e732256e

G HA NA Name: Sarah Norkor Anku

Africa

Law firm name: Anku.Anku At-Law Country: Ghana Position: Senior Partner & Intellectual Property Consultant Website: www.ankuatlaw.com

Sarah Norkor Anku is an astute legal practitioner, intellectual property expert, Lecturer and Public Speaker with decades of experience covering Intellectual Property (IP), in particular, Patents, Trademarks, Industrial Designs, and IP Assets Management. She is currently the Senior Partner and Intellectual property Consultant at one of the leading law firms in Ghana, Anku.Anku At-Law. Born in Accra, she spent her formative years in Ghana. She holds an LLM in Alternative Dispute Resolution (ADR) from the University of Ghana, and a Master’s Degree in Intellectual Property from Africa University, Zimbabwe, and MSc. Food Chain Management from Imperial College of Science, Technology, and Medicine, University of London. She is the first President of Intellectual Property Network - Ghana (an IP Think Tank and Advocacy group) and has represented Ghana at different fora on matters relating to Intellectual Property Rights. She was the first ViceChairperson for the 18th and 19th Sessions of the Standing Committee on the Law of Patents of the World Intellectual Property Organisation (WIPO). Sarah has served on numerous committees of the African Regional Intellectual Property Organization (ARIPO) including the Working Group on the Improvement of ARIPO Protocols Relating to Industrial Property, Staff Affairs Committee, Administrative Council and Technical Committee on Industrial Property.

Sponsored by

Sarah Norkor Anku began her working life as a Research Assistant and National service person at Water Research Institute of CSIR in Ghana and subsequently with the (then) Food and Drugs Board as a Regulatory Officer. After being called to the Ghana Bar, she progressed to Lawfields Consulting as an associate, and

then to the Registrar General’s Department as an Assistant Registrar General and a State Attorney. She also worked with the Danish Technological Institute as a Key Expert and IP Consultant on the ACP-EU-TBT Programme in the United Republic of Tanzania. Sarah was recognised for her contribution to the field of IP and organisations at the just ended Litigation & IPR Gorilla conference. The event which served as a platform for professionals in the field to chart the course for IP practice saw Anku.Anku At-Law, where Sarah is a senior partner, being awarded as one of the Top 50 Legal/IP companies globally. Under the leadership of Sarah, the Intellectual Property Network – Ghana, in collaboration with the Registrar-General’s Department, organised the maiden National Intellectual Property Forum, and two subsequent successful Forums. She also led a team, comprising some selected members of staff to establish a procedural framework for the grant of Utility Model Certificates in Ghana, which led to the grant of Ghana’s first Utility Model Certificate. Sarah has contributed significantly to the upgrade of the workflow of the Patent Application Process at the Ghana Industrial Property office, developing a manual for Patent Administration in Ghana, and training support staff to facilitate Patent Administration. Sarah is passionate about using her expertise to support businesses to grow through the effective management of their Intellectual Property. She is a leading voice on IP in Africa and currently leading a campaign to raise public awareness on IP practice and its role in the economic development of countries. She blogs regularly on the subject via her social media handles and also on www.ankuatlaw.com.

G HA NA

TRADEMARKS EXCLUSIVITY: THE HAMPTA CASE1

As discussed by Sarah Norkor Anku, Senior Partner at Anku.Anku At-Law - www.ankuatlaw.com

Businesses thrive on strong brands and invest significantly in creating and sustaining brand leadership. A brandmark is a creation of the intellect of an individual or a group of individuals for the business. Such marks ought to be recognised and protected, oftentimes as Trademarks. Intellectual property rights encourage creativity by protecting owners of intellectual property from copying and in the case of trademarks, from Trademarks squatters, among others. Being Intellectual Property Rights, Trademarks are negative rights, as against positive rights created by other property rights. Therefore, where a party to a Trademark dispute is found not to have a right, that party cannot prevent others from freely using the Trademark.

EXCLUSIVE RIGHTS OF TRADEMARKS Trademarks are generally defined as marks which distinguish the goods and services of one enterprise from the other. They are assets of value to businesses and can further be exploited through licences. Businesses invest significant resources in their Trademarks and take steps to protect such Trademarks from being infringed by competitors. Trademark protection, like any other Intellectual Property Right, is territorial in nature; thus, protection in one country does not guarantee

protection in another. In this regard, it is not surprising that businesses aware of the value of their intellectual property develop strategies to manage their Trademarks. Strategic management of Trademarks include strategies for protection, exploitation, and enforcement of their rights. The rights acquired by a Trademark owner confer the right to exclude others from using the mark on the same or similar goods and services without the consent of the rights owner. Despite the exclusive rights conferred on a Trademarks owner, it does not obtain a monopoly. As aptly stated in a plethora of decided cases, “[I]intellectual Property Rights are not monopolies.” Trademark rights may be obtained through registration or the common law right of use. Where there is a conflict in ownership of a Trademark between parties, municipal laws provide the answer. Some jurisdictions apply the first to file system as against the

first to use common law rights. The first to file system confers the right to the mark to the first applicant who files an application with the relevant statutory body. On the other hand, the first to use system confers the right to the first party to use the mark. Most jurisdictions follow the first to file system with its incidental challenges such as the menace of Trademarks squatters.

THE HAMPTA & SONS CASE The Ghanaian case of Hampta & Sons vrs Afua Konadu & Anor, currently on appeal, reveals the challenges of the first to file system as against the first to use, and the misapplication of certain principles of Trademarks law.

Trademarks Act, 2004 (Act 664), as amended, governs Trademarks in Ghana. The Act confers on a Trademark owner the right to prevent others from using the Trademark without authorisation of the registered owner. This is particularised in Section 9 of the Act. Section 9 (2) is to the effect that it is only a registered owner of a Trademark who has a right to institute court action against any person who infringes the registered Trademark. In Aremu v. Lilaram Thawards , it was held that “A person is only entitled to have absolute and exclusive right to the use of a trademark if a certification of registration in respect of the trademark has been issued to him. In this case, since no certificate had been issued in respect of the trademark, the plaintiff’s action against the defendants was not maintainable.”

BRIEF FACTS OF THE CASE Both the Plaintiff, HAMPTA, and the 1st Defendant, Konadu, trade in spices at Kumasi, the second-largest city in Ghana. While the HAMPTA trades in spices under the unregistered Trademark MINAZEN, the Konadu trades in spices under the Trademark REMIE. In July 2018, HAMPTA, decided to register its mark MINAZEN at the Trademarks Office, 2nd Defendant, only to realize that Konadu had applied to the Office to register the mark in her name. Based on the application for registration, Konadu solicited the help of the Police to harass the HAMPTA officials. All efforts to restrain her from these acts of unfair competition failed. HAMPTA, therefore, resorted to the High Court of Ghana for redress. While the substantive matter was pending, Konadu filed for an interlocutory injunction against HAMPTA. Subsequently, the trial judge injuncted both parties from using the mark MINAZEN even though Konadu had stated in her processes that she does not trade in spices with the mark MINAZEN. The judge stated in his interlocutory ruling dated 26th October 2017, on page 11, as follows: “I do not intend to go into the merits of the conflicting claims of the parties, the vexed question of who owns the exclusive right to the MINAZEN trademark will be determined after a full trial. What is apparent is that none of the parties has an exclusive right to the use of the MINAZEN trademark, as the applications of both parties are yet to be determined by the Registrar General’s Department. Indeed, the rights of parties

Municipal laws and common law confer the negative rights of excluding others from using the registered Trademark, As against positive rights created by other property rights. In the case of Campomar Sociedad, Limitada v. Nike International Ltd, the Court cited Buckley

HAMPTA & SONS VRS AFUA KONADU (TRADING UNDER THE NAME & STYLE AS REMIE FOODS VENTURES) & THE REGISTRAR-GENERAL (Suit No. P/OCC 02/2017) (see Glaxo Group Ltd v. Dowelhurst Ltd [2000] EWHC Ch 134 [UK]; DRISTA Trademark [1986] RPC 161 (SC) [India]

LJ in Lyle and Kinahan Ltd, where Buckley LJ, “…pointed out that the only right conferred by registration was a right to prevent others from using the trademark as a mark for their goods.”

could only be determined after parties have led evidence in support of their case, and all the pieces of evidence have been evaluated. It will, therefore, be prejudicial to conclude that a party, particularly the applicant, has a right to which ought to be protected… In conclusion, the judge held on page 12 of his ruling that, “Both the applicant and respondent are, however, restrained forthwith from using the MINAZEN trademark to package their products and subsequently marketing, distributing and selling the same…”

ANALYSIS AND CHALLENGES Enforcement of Trademarks hinges on the municipal laws of each State. In Mattel Inc v. 3894207 Canada Inc 2006 SCC 22 [Canada], the Supreme Court of Canada cautioned, in the case of the enforcement of a registered Trademark, that “[f]airness, of course, requires consideration of the interest of the public and other merchants and the benefits of open competition as well as the interest of the trademark owner in protecting its investment in the mark. Care must be taken not to create a zone of exclusivity and protection that overshoots the purpose of trademark law. The purpose of a trademark is to create and symbolize linkages”. The Protection Against Unfair Competition Act of Ghana, 2000 (Act 598) ensures that intellectual property rights are not abused to the extent of creating monopolies. In addressing matters of trade, one cannot lose sight of issues relating to competition as the propensity of some players of the market to apply unfair practices to compete unfairly. It is for this reason, among others that the law on Protection Against Unfair Competition seeks to regulate fair practices in trade, including Intellectual Property Rights. In the case of HAMPTA & Sons, did the judge err in law by injuncting both parties from using the mark “MINAZEN”? Did he overshoot the purpose of Trademarks law? Was he fair to the merchant who had acquired a reputation in the mark through use even though not registered? Was his decision in the interest of promoting trade? As stated by Oliver Wendell Holmes Jr.: “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law”… the law lies in the bosom of the judge.

Konadu was the first to file the mark “MINAZEN,” even though she does not use the mark, while HAMPTA is the first to use the mark and the later (in time) to apply to the Trademarks Office for registration. Konadu had emphatically stated that she does not trade in the mark “MINAZEN.” Therefore, it surmises that an injunction on both parties was an injunction against HAMTA only, which was busily trading in products bearing the mark while overlooking the adverse effect on the value of the brand. One would have expected that the judge would have considered section 9(2) of Act 664, which is to the effect that only a registered owner of a Trademark can initiate an action in infringement and refused the application of Konadu. Yet, he based his decision on a mere application for registration, despite citing the Aremu case supra. Again one would have expected the Court to have frowned on such acts of unfair competition, where a competitor squats on another’s Trademarks just because the user of the mark had not registered it. In this case, Konadu had no right in law to initiate an injunction application against HAMPTA to prevent it from using a mark that it had traded in for many years, particularly, where the judge had found that both parties had applied for the registration of the mark ‘MINAZEN,’ but none had been issued a certificate of registration. Surprisingly, despite his findings, the judge concluded without any legal basis, that both parties should be injuncted from using the mark even though none of the parties had the right to prevent the other from using the mark, as provided in section 9(1) of the Trademarks Act, 2003 (Act 664), as amended, and to institute a court action against the other for using the mark in the first place, as provided in section 9(2)(a) of the Act and as decided in the Aremu case supra.

CONCLUSION The rights conferred on a Trademarks owner is settled; however, the interpretation of the term “Exclusive Rights,” has been misapplied in some cases. There are a plethora of cases that expatiate the meaning of the term as negative rights, that is, a right to prevent others from using a registered Trademark as against positive rights of use. To avoid occasional misapplication of some of the basic principles of Intellectual Property Rights, it is highly recommended that businesses take steps to develop IPR management strategies that include seeking appropriate legal protection in markets of interest.

See Kirki AG v. Ritvik Holdings Inc 2005 SCC 65 [Canada]; DRISTAN Trademark supra; Campomar Sociedad, Limitada v. Nike International Ltd [2000] HCA 12 [Australia] (1964) GLR 253-256

CAMERO ON Name: Mary Concilia Anchang Law Firm name: Onambele Anchang & Associates Country: Cameroon Position: Managing Partner Website: www.oaalaw.cm

Mary Concilia Anchang is married and a mother of two wonderful children. Called to the Cameroon Bar in 1993, she offers a vibrant multicultural, international, bilingual, and bijural law practice experience. Managing partner at Onambele Anchang & Associates (OAALAW) she has demonstrated consistency and dedication in 26 years of advocacy. A full-service corporate law firm, OAALAW serves a broad range of businesses from various industry sectors. OAALAW offers loyalty, diligence, compliance, and optimum satisfaction. One of Cameroon’s most respected female lawyers, Mary is one of the most sought after contemporary lawyers in Cameroon and the Central African region. She is passionate, vibrant, and very engaging. Her peers often revere her resolve to address challenging matters. Her brilliance and a keen eye for detail have earned her great recognition from her clients. In 2016 OAALAW won the “AI AFRICAN “AWARDS of Excellence. Mary is a pioneer African IP lawyer, accredited with the African organisation of Intellectual & Industrial property (OAPI) since 1994. Her IP practice spreads into 17 countries, within French-speaking Africa. In 1998, Mary was appointed to advise the Cameroonian Association of ‘Inventor’s and Innovators on ‘’HEPASOR,” a cure for hepatitis, Mary founded “The Foundation for the Promotion of Innovation /Inventions and Artistic Designs” (FPI) to promote local research and the transfer of technology. FPI and OAPI Inventions/Inventors participated at the International Exhibition Fair (INPEX) with Dr. Nakammatz, the inventor of Viagra in 1999 at The BBC Tomorrow’s WORLD London Exhibition Fair. FPI received an award and Mr. John Trevor the inventor of the “Touch lamp” visited FPI. Furthermore, FPI and OAALAW accompanied the invention of VANHIVAX, a therapeutic vaccine for HIV/AIDS.

In 2006, Mary was appointed as arbitrator and court member of the International Court of Arbitration, at The International Chamber of Trade & Commerce (ICC) in Paris. She became the first Pioneer African Female appointed to this office since its creation from 2006-2010. A founding member of the Cameroon National Committee of The International Chamber of Trade & Commerce (ICC) she presided the IP and Arbitration commission from 2004-2014 and was a member of the same in Paris until 2014. In her finest hour, in 2015 coupled with her legal practice she became The Founding Chair of “The AFRICAN CHAMBER OF TRADE & COMMERCE” (ACC). During this initiative, Mary pledges to bring her experience and knowledge into a project that she is passionate about. “Institutional Advocacy for ‘Africa’s Socio-Economic Development.” She is convinced of the need to promote IP asset ownership in Africa for improved wealthcreating entrepreneurial activities. She believes validating African inventions and innovations derived from R&D and appropriation of the rich, diverse, mutating, and fascinating cultural heritage of Africans is mandatory to conquering new markets. In 2018 ACC organised the 1st International Forum on the Production and Transformation of Cotton, Textile & Accessories (FICOTA 2018) with the 2nd Edition in 2020. The Cotton, Textile, Accessories, and Fashion sector in Africa are a vision ACC works to optimise for wealth creation and job opportunities. (www.africanchamber-abo.org) In 2018, Mary was recognised amongst 100 of the finest professional women in a book titled “WOMEN PIONEERS IN DISPUTE RESOLUTION” by Arbitral Women. Mary is also an active member of INTA, ARBITRALWOMEN, AMOAPI, FPI, etc. When Mary isn’t working, she enjoys travelling, music, dance, sports, and supporting charities in any way she can.

CAMERO ON

Funding IP in Africa will open a floodgate of business ventures in a multitude of entrepreneurial activities for jobs and welfare creation in Africa through sustainable value chains.

Funding for R&D Policymakers must oblige the budgets and efforts to finance R&D.This requires the involvement of specialists and experts. Funding will facilitate the creation of prototypes needed to validate innovative ideas and discoveries for new investment opportunities and potential markets.

IP FUNDING; A KEY TO ENTREPREUNEURIAL DEVELOPMENT THROUGH IP ASSET OWNERSHIP IN AFRICA Written by Mary Concilia Anchang, Onambele, Anchang & Associates - www.oaalaw.cm Having travelled vastly through several parts of the world, I try to use my professional experiences to influence competitive business habits and policies, as the need occurs without complex nor bias. My goal is to contribute towards building a highly attractive business environment for the economic empowerment of African businesses and institutions and also push the much-needed gender agenda for African women. The world needs to be safe. However, extremes in the rich and poverty gaps between the tenants of the earth do not advance this debate. It is pertinent to note that Africa’s development requires a substantial financial boost. However, African markets and economies cannot develop if Africans are not owners of their intelligence in talents, skills, and resources. Also, that, the effort required to make this happen does not only depend on the understanding or appreciating of the fact of Africa’s richness in potential, as is often proclaimed. The burden lies with the continent, actually seeing that this translates into Africans being equally positioned to take proper advantage of their riches and resources for their wellness. Wealth creation and job opportunities cannot be imagined nor imposed. The continent needs to sort, organise, and see that what is happening is real.

R&D in Africa In the past three decades of law, business and comparative IP practice with little compliance mechanism observed, I have observed isolated researchers in Africa and also universities with recognised research units, make free publicity of their discoveries and know-how without consideration for the ownership nor money value of their intelligence worth. A considerable amount of training and research efforts through workshops and seminars have been going on in Africa in the past decades; even so, with minimal impact on the ownership aptitude of Africans - of their intelligence and virtual IP assets. At these seminars, resolutions are reached; however, implementation falls short. Right after these efforts, the institutions and concerned actors continue as if they have no obligation to undertake strategies; to either implement the resolutions or enforce policies to fund research for improved performance in the field.

In Africa, given the particularities and multicultural background of the people, the need to own virtual assets seems strange or a utopia. It has not been a tradition of the people. This leaves the ugly impression that IP asset ownership is a luxury. This may be interpreted as selflessness, hospitality, charity, or negligence. The reason may also sometimes be explained or excused by ignorance. However, such arguments can no longer prevail in the 21st century. The world order has changed. Value is in money and capital or assets ownership. Nevertheless, Africa need not be discouraged. With the increasing growth of African markets, and the continent acclaimed as one of the world’s “most attractive and competitive” as well as an exponential consumer population. By 2060 it obliges innovative ways of doing business and brings great hope to the continent of abundant sunshine and rain.

There is a need to adopt appropriate strategies and policies to fund African research. The time is ripe and Now. Less than 20 percent of the technology used in Africa is not African owned. Worse still, it is not free for transfer. It is expensive. If Africans do not own IP assets, they may never make headway in capital and industry. Most Sub Saharan IP offices and markets depend on a significant IP importation market in products and services to survive in business. This weakens the economy. Whereas, as IP asset owners, African businesses could witness increased exportation to influence market standards and statistics in brands for goods and services. While it is evident that old money belongs to asset owners of yesterday, more virtual assets are yet to be owned today. If targeted by Africans, the scope of intelligence is immeasurable. The establishment may be accused of capitalism. However, the only way Africa can make an entry into new markets is by owning their intelligence. This provides added value and competitiveness in the marketplace. African businesses must be seen to own more and more titles in designs and models, trademarks, patents, labels, geographical indications, etc. When this happens, African’s can make an exciting inroad in the IP marketplace. As such, an opportunity for African IP experts to sort and export IP services abroad.

While it is evident that the establishment only recognises conventional articles and concepts for use, the urge for new concepts and markets remains unequivocal. However, the burden to change the order of things rests irrevocably on efforts to be made by the aspirant. (Africans) Once an unconventional idea meets the recognised norms as internationally approved, the value becomes evident and open to the world market rules for pricing within the supply and demand rules. This involves a lengthy and very costly process prior. The facts hitherto argue in favour of the unequivocal need to adequately fund Africa research. The paradigms and impact on Africa’s development potential will shift upwards if Africans own at least 30 percent of their intelligence in IP assets. By doing so, they should apply adapted solutions to African problems. R&D in Africa must be accompanied as is in other parts of the world. Africans should be able to protect their findings to become owners of their intelligence. Private institutions like The AFRICAN CHAMBER OF Trade &Commerce (ACC) through her advocacy platforms, seeks to channel Africa’s trade and industry through a shared federated vision. The target is to build adapted infrastructures to guarantee Africa’s economic development with an emphasis on IP asset ownership by Africans. The Role of IP for Africa’s Socio-economic development is critical. While vehicles like the ACC work with experts, inventors,

businesses, and stakeholders to secure “sector-oriented inclusive business models to grow African markets, the need to fund research remains paramount. Competitiveness in value chains can only be experimented through entrepreneurial, innovative start-up initiatives for Africa’s economic growth. As asset owners, African markets will be more attractive with the potential and capacity to conquer new markets. Thus, owners and consumers of services and the tools they sell will result in African businesses and infrastructures witnessing substantial growth percentages. There is, therefore, urgent need to redirect our policies and resources towards funding research and development in Africa. With Africans owning solutions for African problems, the socio-economic impact will be friendly and attractive with an even playing ground for Africans and their development partners. In all fairness, better welfare resides in the ability to offer competitive goods and services produced locally for local consumption. As signatories to several bilateral regional and international binding trade tools (The recently ratified Continental Free Trade Agreement CFTA, AGOA, OMC, EPA, PCT, Madrid Agreement and Protocol, Paris Convention, ADPIC, The Bangui Laws, etc.) Africa may not take full advantage of these laws in the absence of IP asset ownership in exchange. If we consider that “ECONOMIC RIGHTS “are fundamental Human rights, Africa’s industrial development can no longer wait. This calls for institutional advocacy with skilled experts to address these concerns.

In conclusion Knowledge ownership is something Africans have shied away from, for centuries. However, IP constitutes an integral part of African assets in virtual capital worth. Acquisitions should be considerably funded for African economies to witness prosperity from their cultural heritage, with Africans as owners of their talents in quality and value.

Finally, the need to concert and forge reliable strategies for successful partnership initiatives to fund IP asset ownership in Africa is unequivocal. This should influence the pace and standards of business. The time is NOW not TOMORROW! 17

OAA Law

NCI G HE I NA R IA Name: Amaka Okafor Law firm name: Stillwaters Law Firm

ONAMBELE-ANCHANG & ASSOCIATES LAW FIRM Onambele, Anchang & Associates Law firm(OAALAW) was founded in 1990 by Joseph Antoine Onambele who was later joined by Mary Concilia Anchang. Both managing partners. Proud to be the pioneer bilingual and bijural firm practicing civil and common law in all jurisdictions of Cameroon, the CEMAC region and abroad, the firm owes its maturity in legal services through innovative and resilient research coupled with hard work for clients across the globe. OAALAW equally boasts of 3 decades of practice as a full-service corporate law firm. OAALAW represents and assists clients in matters that include Intellectual l Property Protection, filings, mergers, prosecution, litigation, telecommunication, mining, real estate, finance corporate, ADR, joint venture, IPP, BOT in infrastructure, etc Mary Concilia accredited with the OAPI is the pioneer IP lawyer of the African Union community IP system in Africa. Thus making OAALAW the pioneer IP agents and lawyers in the entire OAPI region. Mary Concilia is equally the 1st female African country member of the ICC international court of arbitration in Paris, a position she held from 20062010. She is the founding chair of the African Chamber of Trade & Commerce (ACC) created in 2015. Join us at OAALAW, the most dynamic one-stop-shop address for, quality efficiency, diligence, and competitiveness for total satisfaction.

Contact: Mary Concilia Anchang Partner Onambele, Anchang & Associates Opposite the United States Embassy Rosa Park Avenue- Golf Ntougou BP. 6262 Yaounde Cameroon Tel (237)2 22 20 97 76 M (237) 677 5815 51 Fax (237) 22 21 53 41 oaalawpartners2@gmail.com info@oaalaw.cm www.oaalaw.cm

Country: Nigeria Position: Associate Website: www.stillwaterslaw.com

Amaka Okafor has an LLM in International Trade Law from the University of Leeds United Kingdom and is an experienced Intellectual property lawyer located in Lagos Nigeria. She started her practice in 2014 with Stillwaters law firm; one of the leading intellectual property firms in Nigeria and has risen to the position of senior associate since then. In 2014, Amaka also founded Safari Renewals. Safari Renewals is a leading Intellectual Property maintenance and management company also in Nigeria. The company was primarily established to provide high quality and affordable Intellectual Property renewal and recordal services in all African countries (including OAPI and ARIPO). Safariâ&#x20AC;&#x2122;s vision is to become the global market-leading company in the maintenance and management of IP in Africa by delivering state-of-the-art services and laying down an international standard for quality reliability and value in the industry. Amaka has successfully built a team that is comprised of qualified and dedicated IP practitioners as well as diverse staff from various trademarks and patents Registries throughout Africa, with extensive expertise in dealing with Intellectual Property transactions and management, sharing a common goal of meeting their clientâ&#x20AC;&#x2122;s needs in the best way possible.

She has 5 years of working experience in intellectual property protection and enforcement in Africa and has a keen interest in branding and trademark protection in the digital age. During her practice, she participated in a wide array of IP matters. From searches to registrations, renewals, annuities, assignments, agency, distributorship, franchising, licensing, transfer of technology, copyright depository, piracy, infringement, passingoff, border enforcement measures, customs related assistance, product registration, and dispute resolution matters. She has filed over 1000 trademark applications and successfully registered over 500 in various African countries in the course of her practice. In addition, she has handled over 100 oppositions and refusal hearings. Amaka has also written several articles on diverse issues including but not limited to intellectual property, branding, counterfeiting, and bilateral investment treaties. She is also the assistant secretary at the IP Committee- Nigerian Bar AssociationSection on Business Law (NBA-SBL) and played in a vital role in the inauguration of the IP Committee in several tertiary institutions in Nigeria.

NCI G HE I NA R IA The importance of

Intellectual Property to Small and Medium-Sized Enterprises.

As discussed by Ms. Amaka Okafor Associate, Stillwaters Law Firm www.stillwaterslaw.com With the advancement of the internet, technology, social media and entrepreneurship becoming mainstream there has been a significant shift from school leavers seeking to work with traditional organisations (e.g. banks, schools etc.) or pursuing traditional careers such as law, medicine and accounting to setting up businesses/small and mediumsized enterprises (SMEs) and acquiring skill sets centered around information technology, innovation, media, digital marketing to mention but a few; otherwise known as the 21st century skills. Most SMEs, regardless of what product or services they provide, continuously use, and create IP daily. Every SME today, either has a trading name, an invention, valuable confidential business information, creative, original designs or may have significantly improved on a product or service. For example, László József Bíró was a Hungarian-Argentine inventor who patented the first commercially successful modern ballpoint pen. However, after him, there have been several improvements on this invention by other persons, which have likewise been patented. In addition to the pen being a patentable invention, the name on the pen is another form of protectable IP called trademarks. In this current era of creativity, invention, and innovation, there is no better time to stress the importance of Intellectual Property in SMEs. This article briefly addresses the meaning of Intellectual Property, the rights conferrable on the owner of an IP (i.e., Intellectual Property Rights -IPRs) and their relevance to SMEs.

Intellectual Property in a nutshell Every business enterprise broadly has two categories of assets; • Physical Assets: such as machinery, buildings and large warehouses • Intangible Assets (Intellectual Property): which includes the brand, trademarks, designs inventions and other intangible possessions of the business Previously, the value of the physical assets of a business to a large extent, determined the value of the business and were the significant sources of revenue for a business. However, recently, businesses have begun substituting these bulky physical assets with intangible assets, and as such, IP is fast becoming more valuable than physical assets in many SMEs. For instance, it can be observed that more companies are now relying more on innovative software and programs as a major source of income. This trend can also be observed in sectors that still require these physical assets (such as the manufacturing sector) as a lot of SMEs in these sectors rely more on creativity

rather than the size of their machinery to remain relevant in highly competitive markets. Intangible assets are indeed taking center stage in this new dispensation and SMEs need to be sensitised on its importance to adapt and benefit from this development adequately.

Intellectual property rights For SMEs to adequately benefit from their IP, one vital step is protecting these intangible assets by acquiring exclusive and enforceable legal rights in them. These rights are referred to as INTELLECTUAL PROPERTY RIGHTS (IPRs) and are usually acquired by registering or depositing (in cases of copyright) these intangible assets with the relevant agencies. IPRs are broadly classified into:

and could be very persuasive in attracting investment. • A well-structured and protected IP portfolio can be used as collateral for obtaining loans. • One of the major challenges faced by most SMEs is marketing. A successful marketing strategy shows a link between the product and services rendered with the SME. Intellectual Property is a vital factor in creating this link. It essentially differentiates, promotes diversifies and markets the products/services of the IPR holder. As crucial as IP may seem, it is still constantly disregarded by most SMEs and its relevance and potential for revenue generation grossly underestimated.

• Patents; protect innovative products (inventions) and processes

To Conclude

• Copyright; protects literary works

Intellectual Property is, in many ways, one of the most relevant parts of any business today. Trademarks, for example, are essentially the face of any business involved in the production of goods. It enables consumers to distinguish the Holder’s goods from those of its competitors. It serves as a guarantee to consumers of the quality to expect when purchasing an item. For example, the brand ‘NEW LOOK’ is associated with affordability, whereas “LOUIS VUITTON” signifies premium quality. Any customer buying a pair of shoes from either of these brands is guaranteed of what to expect.

• Industrial Design; protects a creative design (including textile designs) • Trademarks and Designs; protect distinctive signs/ brand

The relevance of acquiring IP rights • The most important benefit of protecting IP or acquiring IPRs is the exclusivity it grants the Holder. Trademarks, for example, prevent third parties from using and/or registering identical and/or confusingly similar marks. • IPRs afford the Holder the liberty to create a brand and niche of itself, without being susceptible to brand dilution by unhealthy competitors. • Due to the exclusivity IPRs confer, the Holder enjoys a higher return on investments. For example, the Holder could sell or franchise its IPR, which may not have been possible if its IP was not protected. • For SMEs dealing with inventions and seeking to attract investors, having a patent portfolio, demonstrates a high level of expertise,

IP, if properly developed and managed increases the competitiveness of any SME and could also create secondary revenue in terms of licensing, franchising or sale which may significantly raise its profit margins. IP also enhances the SMEs value in the eye of potential investors and could be used as collateral to obtain loans. However, like physical assets, IP must be legally acquired, monitored, and managed carefully before SMEs can reap its full benefits. Before this can be achieved, entrepreneurs must first acknowledge the importance and relevance of IP and begin to appreciate it as an investment and valuable asset. Once an IP has been legally protected and there are demands for the product protected by the IP, its value substantially skyrockets and, in most cases, becomes the most valuable asset of the business.

C H I NA Name: Brenda Zhao

Asia

Law firm name: Corner Stone & Partners Country: China Position: Senior Partner Website: www.cornerstoneip.com.cn

Brenda Zhao is a senior partner of Corner Stone & Partners with almost 20 years’ experience in the IP field. Brenda is very proficient in Chinese and foreign IP laws, regulations and policies and has sound knowledge and expertise on trademark matters. In the past, almost 20 years, Brenda has been engaged in IP protection, and also practicing the philosophy” A Foundation to Your Success,” addressing clients’ needs, and providing clients with high quality, efficient and thoughtful law services. She is renowned for her exceptional professional skills and down to earth, meticulous work attitude. As an excellent trademark attorney, Brenda is committed to providing clients with overarching IP protection and diversified dispute resolution methods to find the best cost-effective solutions. With her great legal expertise and remarkable communication skills, she has provided effective legal advice to many clients; especially handling several significant IP protection cases for many world-famous companies. Her service has achieved excellent results in the protection of clients’ rights and interest and earns her positive recognition.

With many years of experience, Brenda not only provides the necessary support for clients’ trademark affairs in China but also does well in handling high-end complicated cases and providing professional legal advice. She is an expert in trademark opposition and review, copyright and domain name protection, IP infringement and litigation, and other IP dispute resolution. Brenda has also written and published many professional articles in relevant national and international magazines. She has lectured at national and international IP forums and moderated IP round tables in the fields of trademarks. Brenda is passionate about sharing her experience in the IP field and contributing to IP protection and maintenance of a fair competition environment. She was awarded the Elite Women award in 2018, in the campaign against IPR Infringement and Counterfeit in China. Currently, Brenda serves as the chair of the Asia-Pacific Subcommittee of the ADR and Mediation committee of INTA and as a member of the Anti-Unfair Competition Team of Marques.

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Melisa has a long tradition in the area of Intellectual Property that dates back to the very foundation of the firm — consisting of highly experienced attorneys and agents who provide an outstanding track record of experience, skill, efficiency, and counsel.

Melisa maintains a robust global presence, regularly attending several international IP Congresses, including INTA, ASIPI, and MARQUES meetings. As a member of INTA’s Public and Media Relations Committee, Melisa understands the importance of maintaining professional relationships with lawyers and firms worldwide. You can read in Legal500 that Litvin Marzorati Legales receives rave reviews for its ‘outstanding service,’ ‘business-oriented legal advice’ and ‘great ability to structure cost-effective IP strategies.’ Trademark matters are a notable sweet spot, with founding partner Melisa Litvin lauded as a ‘trademark expert.’ Most recently, Melisa Litvin was nominated for the Chambers Women in Law Awards 2018 for Argentina Lawyer of the Year. She has also featured in several articles in the Argentinian magazine Noticias, where she addresses current issues in Intellectual Property Law and educates businesses on the importance of proactively protecting their intellectual property assets. It has been a constant working path for her in the face of adversity, not only because she is a woman and a mother of three. She has always known how to achieve a balance between her personal and professional life. For her, one of the keys is to have efficient and reliable team-work. For Melisa, relations with her employees and her clients are very important. International rankings and publications continue to show that LITVIN MARZORATI LEGALES is one of Latin America’s leading law firms in the intellectual property practice area. Melisa Litvin continues maintaining a strong global presence building professional relationships with lawyers and firms worldwide. LITVIN MARZORATI LEGALES is very proud of its IP professionals, who in addition to their recognised work for clients, maintain a leadership role in the local and international intellectual property community Furthermore, LITVIN MARZORATI LEGALES and especially, founder partner Melisa Litvin continues to be recognised in the leading legal directories such as Chambers, Legal500, WTR1000, with nominations to both, Chambers Women in Law and Luxury Law Awards.

C O L O M B IA Name: Claudette Vernot Law firm name: Estrategia Juridica Country: Colombia Position: Director & Attorney at Law Website: www.estrategiajuridica.co

Claudette Vernot has focused her career on studying and improving brand protection programs and IP litigation strategies in Colombia. After receiving her Law Degree from the Universidad Externado de Colombia, she completed a postgraduate diploma in the University Pantheon Assas in Paris. She is the Chair of the Anti-counterfeiting Sub-Committee for the Latin-American and Caribbean region in INTA and is also a member of ACPI, IPCA, and APRAM associations. Ms. Vernot is an expert in the protection of trademarks throughout Latin America and Central America. She advises several companies at the regional level in the definition of strategies to protect trademarks and enlarge markets while providing solutions to fight contraband and counterfeit. Ms. Vernot was Regional Outside Counsel for five years, assisting the General Legal Counsel in the fight against the Illegal Trade for the Company PMI, specifically covering the Latin American Region.

INTELLECTUAL PROPERTY brands patent trademarks invention licensing copyright protection

BRAND PROTECTION AND ENFORCEMENT IN COLOMBIA Corporate Law

Criminal Law

Intellectual Property Law Our firm is experienced in the handling of any sort of corporations. It also has the capacity to incorporate companies in Colombia and abroad.

Commercial Law

ESTRATEGIA JURIDICA provides review, evaluation, assesment and management of the intellectual property rights of our clients.

ESTRATEGIA JURIDICA has the capacity to advise clients in all those issues regarding possible legal infractions covered by our criminal ordainment.

Litigation

Competition Law The department of Commercial and Corporate Law at ESTRATEGIA JURIDICA offers comprehensive advisory service in those aspects typical of companies or corporations.

The attorney at ESTRATEGIA JURIDICA have specialized training in the fields of unfair competition and restrictive competition practices.

ESTRATEGIA JURIDICA enjoys ample expertise in the search of solutions regarding processes in the area of contentious administrativa, civil and commercial law.

Bogota D.C, Colombia Calle 90 # 12 - 28 (110221) Tel: (57 - 1) 638 10 71 E-mail: estrategia@estrategiajuridica.co

Claudette Vernot was the pioneer lawyer in Colombia for IP criminal cases for brands such as Louis Vuitton, Leviâ&#x20AC;&#x2122;s, Nike, Adidas, and Microsoft. New actions such as Customs Border Measures and Consumer law were part of the latest strategies for brand holders. She began programs for training Customs officers, members of the Police force, and different agencies in 1999. Her experience in the Intellectual Property field makes her one of the most recognised attorneys in Colombia. She has trained her team to understand that the client is a business partner and that they must collaborate to find strategies to protect their IP Portfolio. She works for several brand holders, advising the Latin American Region in order to find legal strategies against transnational counterfeiters. She focuses her programs in the main Ports of the country and has actively collaborated with The National Tax and Customs Direction in the modifications to Customs Law related to border measures in the country. She has worked as a professor in the area of Commercial Contracts related to Industrial Property Rights, Copyrights and New Technology at Universidad Externado de Colombia. Ms. Vernot is fluent in Spanish, English, French, and Italian. Ms. Vernot first embarked in her practice in IP Law in a French Company SODIAL in Paris. This was followed by working for three years in a Bogota law firm - Cavelier Abogados. Ms. Vernot then founded her own practice, Estrategia Juridica, in 1998. Estrategia Juridicaâ&#x20AC;&#x2122;s primary focuses include the litigation of IP cases, Consumer Law, Unfair competition, Brand Protection Programs, and the Enforcement of IP rights. Practice areas include Brand Protection, Criminal and Civil Law, Trademarks, Patents, Copyrights, Consumer Law, and Data Protection.

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UNITED C HKINGDOM I NA

Women

of science

By Freya Shepherd, Member of the Biotech team at Patent Seekers www.patentseekers.com

“A ship in port is safe, but that is not what ships are built for. Sail out to sea and do new things.”

— Grace Hopper

Bio: Freya Shepherd (Biomedical Science (Clinical Biochemistry) MSc) is an established member of the Biotech team at Patent Seekers (A leading patent research company based in the UK and Canada). She has worked on patent search cases from standard Toe-in-the-Water and Patentability searches, through to complex Freedom to Operate and Invalidity searches. Her specialisms are therapeutics, surgical devices, pharmaceuticals, and gene modification. Freya is passionate about women in science and intellectual property and relished the opportunity to write an article for the inaugural edition of the Women’s IP World.

Women inventors, scientists, and engineers have discovered countless revolutionary and life-changing inventions that have caused unprecedented breakthroughs in the history of the world. Why is it then that when we are asked to name a famous inventor, it is Thomas Edison, Benjamin Franklin or Alexander Fleming who comes to mind? These men undoubtedly made gigantic steps for mankind and science, and we are still very reliant on their inventions today. However, is their work any more noteworthy than that of Stephanie Kwolek, the inventor of Kevlar, whose groundbreaking work has protected countless army and police personnel across the world? Or that of Hedy Lamarr, a Hollywood actress who invented a secret communication system used by the US navy in order to send covert messages to sea? Over time, women inventors have become more documented and well-known. However, not nearly enough tribute, recognition or honour has been accredited to some of the greatest minds who have produced some of the most innovative ideas - without which we would not be in the advanced scientific place we are today. Some of the most influential inventions to reach our markets have come from the minds of female inventors; however, innovation and design have traditionally been viewed as maledominated environments. In recent years, significant efforts have been made to address this imbalance by promoting STEM (science, technology, engineering, and mathematics) subjects to women in education and to introduce government-led legislation to ensure men and women are equally represented in the workplace. This article will explore some of the most

significant inventions of the last 150 years and the female minds behind them, and using patent statistics, will explore how the current patent landscape is progressing towards an equally represented field. One woman who was arguably far too advanced for her scientific day, so much so that it was near 100 years until her ideas were fully understood and benefited from, was Ada Lovelace - a mathematician, scientist, and world’s first computer programmer. In the 1840s, in collaboration with Charles Babbage, Lovelace suggested to Babbage that she should work out a language for the analytical engine that Babbage was creating, based on her advanced knowledge of mathematics. The language she created (“Ada”) is now considered to be the first computer program. She predicted that such a language would be able to compose complex music, produce graphics, and could be harnessed for both practical and scientific use – ideas exponentially ahead of her time. Whilst Ada eventually received recognition for her computer language “Ada” it took a long time for her significant contribution to be recognised. Rear Admiral Grace Hopper was an American computer scientist, receiver of the Presidential Medal of Freedom and one of the very few women to ever reach the rank of Rear Admiral. After joining the US Navy during the Second World War, Hopper was assigned to work on a new computer, called the Mark I. By the 1950s, she was at the forefront of computer programming. As one of the first programmers of the Harvard Mark I computer, she was a pioneer of computer programming and invented one of the first linkers (originally called a compiler). She promoted the idea of machineindependent programming languages, which

led to the development of COBOL, an initial highlevel programming language which is still in use today. While working on the Mark II computer, Hopper and her associates found a moth stuck in a relay; disrupting communications. This has been suggested as the first instance of literal ‘debugging.’

Contrastingly, figures show that fields such as mechanical elements and engines, pumps and turbines are some of the least represented by women, a trend which has been apparent since 2000. Although the share of women inventors in mechanical elements and engines, pumps and turbines were joint lowest in 2018 out of all the fields, both of these have shown exponential growth in women inventors rising by 69 and 63 percent respectively, which may indicate that government legislation and STEMencouragement is having a positive effect on gender representation equality in these areas.

Hedy Lamarr was not your average 1940s Hollywood film star; she developed a secret communications system which would later be used by the US Navy. Born in Austria, where she began her Hollywood career - which included a star on the Hollywood Walk of Fame - she then moved to the United States where she met composer George Antheil. Together they developed a radio guidance system which used frequency hopping spread spectrum technology to overcome the possibility of interference. Their invention was granted a patent in 1942 (US2292387A) and is patented under her married name, Hedy Kiesler Markey, however, the technology was difficult to implement at the time, and the Navy did not like to use ideas from outside the military. In 1962, a current updated version of their invention finally appeared on Navy ships. Although the Navy was slow to implement the technology, various spread-spectrum techniques are incorporated into Bluetooth technology and are similar to methods used in legacy versions of Wi-Fi. After 50 years, the Navy gave her recognition for her ingenious invention which included an induction into the National Inventors Hall of Fame, in 2014. The National Inventors Hall of Fame, which works in collaboration with the United States Patent and Trademark Office (USPTO), honours the history of innovation with its some 581 inductees. However, only 39 of these are women – does this reflect the recognition women inventors have been given throughout history? The National Science and Technology Medals foundation follows suit with a staggering low number of 61 out of 707 of its inductees being women. This is not a true reflection of how many of the innovative ideas we rely on today that were developed by women. The Patent Corporation Treaty yearly review (2019), published by the World Intellectual Property Organisation, looks into current trends of those patenting under the act. This year it published that in 2018, women accounted for 17% of all inventors listed in PCT applications. Fields of technology related to the life sciences, such as biotechnology and pharmaceuticals, have comparatively high shares of women among inventors. Women account for over half of contributions in the biotechnology field in 2018, a figure which could be suggested will rise as figures have done so year on year since 2000 although more women than men are now going to university (in the academic year 2016/2017), ten percent less women than men are studying scientific subjects which could indicate that the climb to equality might be slowing down.

Figure 2 – Percentage increase in the share of applications with at least one women inventor by technology, from the period 2000-2018. Source: WIPO statistics database.

However, not all great inventions have come from women who studied at higher education level or those who studied scientifically. For instance, Josephine Cochran invented the dishwasher - a socialite with no formal education who invented the first useful dishwasher in 1886 out of necessity to prevent her servants from breaking her fine china. Cochran went on to found her own company to manufacture her dishwashers, which eventually became KitchenAid. The gender gap is still widespread. Even in progressive economies, there are still relatively low shares of PCT applications by women inventors, for example, in 2018, in the United Kingdom, only 26% of PCT applications had women inventors. Women may still be coming up against the notorious ‘glass ceiling.’ However, the landscape is undoubtedly improving; in all but one of the top 20 contributors, there have been impressive improvements; Sweden and Finland have increased their figures by over 100 percent Figure 2 – Percentage increase in the share of applications with at least one women inventor by technology, from the period in the last eighteen years. This suggests that although there is still a gap across the globe; the level of 2000-2018. Source: WIPO statistics database. women inventors has risen, and this will likely continue.

Figure 3 – Share of PCT applications with women inventors for the top 20 origins (2018) with the percentage difference between figures in 2000 compared to 2018 (value on the right). Source: WIPO statistics database.

In conclusion, the patent world is progressively recognising more women inventors, although this progression is more evident in some subjects more than others, and in some countries more than others. The drastic increases over the last eighteen years are encouraging and have led to a varied landscape from which we can conclude that women will in time play a more significant role in innovation, engineering, and design but at what point men and women become equals on this level is unknown. Note In order to attribute gender to inventors’ names recorded in PCT applications, WIPO produced a gender–name dictionary based on information from 13 different public sources. Gender is attributed to a given name on a country-by-country basis because certain names can be considered male in one country but female in another. [from World Intellectual Property Indicators] * Quote originally attributed to John Augustus Shedd, although adopted as a motto by Grace Hopper. Figure 1 - Comparison between the two highest and two lowest fields of technology for shares of applications with at least one women inventor. Source: WIPO statistics database.

UNITED C HKINGDOM I NA Name: Ann Chapman-Daniel Company name: Minesoft Country: United Kingdom

Specialist global search services for patent attorneys, universities, technology companies and SMEs

Patentability/Novelty Search Infringement/FTO/Clearance Invalidity/Patent Busting State of the Art Patent Mapping/Landscapes Patent Monitoring Patent Status Competitor Analysis

Position: Co-Founder & Managing Director Website: www.minesoft.com

Before starting Minesoft, the online patent software company, a love of language and literature inspired Ann Chapman-Daniel to choose publishing as a career at International Thomson’s Marketing Group in London. Partly due to her knowledge of German, Chapman-Daniel was asked to work on their international sales & marketing team (when they first moved into the online database business in the 1980s), launching Derwent World Patents Index online. Although she left the IP industry for a time, Chapman-Daniel returned to patents and sci-tech publishing with France Telecom Group (now QuestelOrbit). Here she worked as Director and Managing Director for 3 years before taking the leap with husband, Ophir Daniel, to start their own business: Minesoft. Minesoft has since gone through 20 years of innovation and development – an achievement in itself. In 2003, Minesoft and RWS launched PatBase, a new searchable database of patent documents designed by experts in the complex art of patent information research. Since the first critically acclaimed public demonstrations in 2003, PatBase has gone on to attract over 80,000 users worldwide.

Head Office: Newport, UK Tel: +44 (0)1633 816601 Email: mail@patentseekers.com

North America Office: Toronto, Canada Tel: +1.416-847-7309 Email: NA@patentseekers.com

Over the years, Minesoft has expanded its suite of products to include a range of alerting and tracking tools, chemical searching, and more. Most recently launching IPShare, a new collaboration tool aimed at IP law firms to work together on projects and share insights with clients, and Pat-KM, a workflow-based patent knowledge management system.

Ann and Ophir started the company around their kitchen table and have grown the company every single year for 21 years, now with clients and offices all over the globe – in every corner! With leading corporations, patent offices, and law firms among its customers, Minesoft has come a long way from its humble beginnings. It has achieved this without taking on outside investment but instead in always being forward-thinking in growing the company’s network and locating new partners. A testament to Minesoft’s ongoing innovation and the dedication of the development, sales and support behind the scenes, has been winning the Queen’s Award for Enterprise in 2009 and again in 2015. At the end of 2018, Ann Chapman-Daniel took home the award for Female Entrepreneur of the Year in the Regional Chamber of Commerce business awards and was more recently named Information Professional of the Year by the German publication, PASSWORD. With Minesoft going from strength to strength in the 20 years since the company was first founded, Ann Chapman-Daniel plans to continue travelling widely to learn about our globe and help develop new technologies for the future; she looks forward to spending much time both sides of the Atlantic and Mediterranean Seas.

www.patentseekers.com 50

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Taking out the trash: big industry starts clearing up the mess

However, since 2010, China’s share of the market has increased exponentially, surpassing Japan, as the leading innovator in this technology area. Being a global manufacturing powerhouse, China generates more waste than any other country; this is likely due to China’s growing consumerism. For example, consider the popular Chinese food delivery apps, MeiTuan, and Ele.me, these platforms on average conducted 34 million daily deliveries in the first half of 2018 – the level of plastic waste from all those orders would be huge. In order to offset their increasing waste production, several waste management companies have been coming up with new ideas; hence, we can observe the surge in the number of new patent families. Not only does China produce the most waste, they also import a lot of waste from other nations. However, as of January 2018, China’s National Sword policy came into effect restricting imports of 24 different types of waste material. The effects of the ban could be a catalyst for change, an opportunity for countries in the West to come up with breakthrough green technologies instead of ‘dumping’ their waste in developing nations. We may see a rise in innovation and a subsequent increase in the number of patent filings from other jurisdictions in the coming years.

The GDP gap hindering green growth Narrowing the search to the most recent 5 years, we can view the geographic breakdown in figure 2.

made by our ‘ throwaway’ society

Written by Moira Sivills, Business Development Executive, & Caitlin Kavanagh, Marketing Executive, Minesoft - www.minesoft.com

Over recent years, the public’s awareness of the impact of pollution and climate change has grown. As a result of this, big industry has been forced by governments and consumers alike to step up its game in reducing plastic usage, finding ways to recycle potentially toxic items like chemicals, aluminium or plastics, and mitigating their own carbon footprint. Unilever, Nestlé, and Coca-Cola were some of the well-known corporations that were recently named and shamed by international development agency, Tearfund. Contributing 3 million tonnes (Coca-Cola), 1.7 million tonnes (Nestlé) and 610,000 tonnes (Unilever) of plastic packaging in 2018. All 3 companies have since pledged to drastically reduce their plastic footprint over the next 5-10 years. Coca-Cola’s World Without Waste strategy, for example, aims to collect a bottle or can for each one sold by 2030. This is good news for Norway-based company Tomra, which dominates the market for vending machines that collect containers for recycling (shares in Tomra have unsurprisingly tripled over the past three years!). Meanwhile, other companies like BP are trying to find fixes internally, BP has described their new chemical recycling process as a “game-changer” and plans to commercialise it by 2025. By interrogating clean and comprehensive patent data, it’s easy to see which companies are putting their money on the table and investing in this area, rather than just ‘talking the talk’. Using a commercial database with integrated analytics, like PatBase, makes it easier to visualise and examine these larger datasets to better understand the technology landscape.

Although we have always produced waste, the rapid growth of the world population, currently at 7.7 billion, coupled with societies becoming richer and more consumeristic has given rise to a ‘throwaway’ culture. To protect the public and the environment from the harmful side effects of waste, research and development into solid waste management is crucial to establish new production and consumption patterns. In the following sections, PatBase Analytics V2 is used to show the key trends in climate mitigation technologies related to solid waste management, especially over the period 2012 to 2019. The dataset used consists of CPC classification codes such as waste collection, transportation, transfer or storage, waste processing or separation, landfill technologies, bio-organic fraction processing and reuse, recycling or recovery technologies. This search produced 142,642 results as of August 2019.

United States Gypsum has 51,893 forward citations, and Haliburton Co has 49,367 forward citations, from here the number of forward citations for the following 8 assignees in the top 10 drastically decreases. The number of forward citations is a useful predictor of patent value as a large number of forward citations suggests industrywide investment; indicating in this instance that valuable patents are owned by a select few assignees and knowledge sharing seems exclusive within a single jurisdiction – the US. The role of universities and research centres role appears negligible, suggesting lack of incentive for directing innovation towards environmental objectives. It is essential to narrow the gap between emerging and developed nations to increase international technology transfer, as well as increasing incentive and funding opportunities for more research centres to be actively involved in climate change technologies.

Landscape analysis The 3D landscape map in PatBase Analytics V2 groups patents according to semantically derived concepts – the height of the hill signifies number of families relating to the concept in question, e.g., carbon dioxide.

Figure 2: Solid Waste Management, World Map Chart R&D budgets are rising, but the share devoted to the environment remains stagnant. Low patenting activity in countries like Brazil, South Africa and India, which account for less than 1% of the world’s environmental technologies, suggests opportunity for inward technology transfer and diffusion. The lack of priority amongst the top filing countries suggests little transferal of patents have occurred outside the top filing jurisdictions. This is unsurprising as effective waste management is expensive, often accounting for 20%-50% of municipal budgets, making it unaffordable for developing countries. Looking further at the citation network provides an interesting picture. Studying the structure of the citations network can further our understanding of how innovation knowledge is connected and passed on between different assignees.

China leading the way in solid waste management technologies An initial ‘Years by Jurisdiction’ analysis was carried out to visualise patenting activity by country over the last 25 years. Patent activity from 1995 was on a slow upward trend with Japan being significantly ahead of other jurisdictions by 2000. The rise in the number of patent filings can be explained by the emergence of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992. They raised concerns worldwide over the necessity of uniting and combatting human interference with the climate system. This led to more and more ‘green technologies’ coming out of the research labs and being integrated into society.

Figure 4: Solid Waste Management, Landscape map Studying the landscape in figure 6 shows there is potential white space in this field. For example, there could be room for development in the concepts close to the most popular solid waste management concepts: ‘Carbon Dioxide’ and ‘Portland cement’, like ‘Waste Container’, ‘Processing Plastic’ or ‘Packaging Technique’. Recent investment into these areas include TOMRA, an advanced sensor-based sorting technology which can optimise sustainability by increasing the yield of recycled waste and Vegware, plant-based biodegradable packaging which emits less carbon and is completely disposable. Further analysis into these identified concepts could help investors to expand their solid waste management exposure, becoming a market leader and encourage global sustainability.

Conclusion Having access to a powerful patent searching and analysis tool can aid companies in discovering new opportunities, protecting their patent portfolio, and monitoring a technology area.

What is Solid Waste Management? Solid waste management is the handling of discarded materials; including paper, plastic, glass, electronics, food, chemicals, etc.

Taking a closer look at these assignees, mainly global corporations appear to dominate in Solid Waste Management, indicating their interest in applied research.

Figure 3: Solid Waste Management, Citation Network

Figure 1: Solid Waste Management, Recent 25 Years Analysis by jurisdiction

All charts and graphs featured in this article were created in PatBase Analytics V2, included in all PatBase subscriptions at no extra cost. Users can visualise a birds-eye view of market trends and key competitors, as well as identification of potential business partners and licensing partners. Visually appealing reports communicate the results of a patent analysis clearly to decision makers in a boardroom environment, even those without patent know-how!

SOUTH C H IAFRICA NA

Don’t miss the obvious...

Name: Lee-Ann Picoto Company name: Dantofon Country: South Africa Position: Co-Founder & Strategic Operations Manager

Ê Ê

...or the obscure Ê Ê

Identify potential partners and licensing opportunities Monitor market trends and key competitors Avoid infringement and parallel development with Minesoft’s web-based patent solutions

analyticsV2 Visit www.minesoft.com today to keep your business on track

global patent solutions

“In the right hands, data can be powerful, provide more knowledge than we could ever imagine and be the catalyst to greatness and success in every way. In today’s world, the smallest ideas can become the greatest innovations. One idea with a slightly different perspective on market trends or top players in your industry could spark a global novelty that could see your idea go from just that, an idea, to a global sensation. This is something that motivates me each day, seeing people grow not only as individuals with this knowledge but as companies, utilising this information to be nothing short of SUCCESSFUL”. My name is Lee-Ann Picoto, the Co-Founder of Dantofon, an IP Consultancy company with a very uniquely personal touch at the root of its core. A proud and devoted wife and mother of two beautiful children. Family is of great importance to me and keeps me grounded and gives me purpose. Born and bred in sunny South Africa, I love the beauty of this world we live in. I have been fortunate enough to travel and work abroad, which truly opened my eyes to truly fascinating aspects of the diverse cultures of this world. Travel is something I hope to continue doing until I’m old and grey (Well old, the grey was inevitable). Pinterest fanatic and hopeless romantic. Music and dancing are essential to my sanity.

I have always had a thirst for knowledge. I have interests in just about anything that has depth to it; from philosophy to psychology. I have studied everything from psychology to teaching; however, my true passion is seeing people succeed. I am a true advocate for women in business and technology. I have been fortunate enough to speak and work with so many beautifully intelligent women globally who have inspired me beyond words. Thankfully, times have changed, and women are soaring in any industry they set their sights on. More and more women realise that success is not just having a leadership position but being leaders who have the sensitivity and patience to empower others. This is an important role and one that could make the difference in a person’s life and career. My role at Dantofon has taken on a life of its own. Being able to speak to tech-minded individuals, IP attorneys, Academia, Startups, and SME’s means each day is a new and exciting one. My goal is to assist as many people or companies as possible in utilising IP to serve their best interests. Whether it be utilising patent data, Trade Secret Management, IP Risk Management, and Analysis or auditing of these. Also, using platforms that could assist any of the above. I look forward to eventually speaking to more people about the importance of IP and the great value it has in this ever-changing and innovating world we live in. I look forward to empowering and inspiring more beautiful minds as so many of you do. I am truly honored and excited to be representing South Africa in the Innovation sector of Women’s IP World and look forward to meeting so many more inspiring women.

SOUTH C H IAFRICA NA

Research & Development Dantofon provides patent intelligence services as well as a global search and analytical platform providing updated, comprehensive, and accurate IP information for global innovators, academia, R&D staff as well as IP Firms. Dantofon assists corporates in keeping track of the latest technology development, mitigating patent infringements and innovation, technology concepts, technology cycle analysis, risks, grasping the R&D trends of competitors and realising the business value of Intellectual Property. Dantofon and its partners are the leading IP information providers, focusing on deep integration and value mining of IP data.

Innovation

Strategy By making IP and analysis accessible and usable for non-IP experts, Dantofon provides IP, Innovation, R&D and all technical teams with a new source of information for use during research and to construct and implement processes and strategies that compliment your business goals.

Portfolio, Workflow and Process Management Organisations are now finally beginning to integrate their IP strategy with their innovation and business strategy to create better alignment and more efficient technologies. To endure the harmonic integration of protectable IP and the

IN IT’S MODERN MEANING IS A NEW IDEA, CREATIVE THOUGHTS, NEW IMAGINATIONS IN FORM OF DEVICE OR METHOD. Written by Lee-Ann Picoto, Co-Founder, Dantofon

“Innovation in its modern meaning is a new idea, creative thoughts, new imaginations in form of device or method. Innovation is also often viewed as the application of better solutions that meet new requirements, unarticulated needs, or existing market needs”. We couldn’t have a more apt description of the meaning of innovation and the applications or methodology of it. Even the synonyms ‘alteration’, ‘transformation,’ ‘metamorphosis’ and ‘renovation’ invoke the exact reason we do what we do. This is what inspires us to reach more companies, law firms, tech-minded individuals, and academia. There is nothing more exciting than seeing what might have seemed like a small idea turn into a disruptive one that leads to success. There are certainly ideas that with a bit of tweaking or a change in perspective could be the necessary change to bring about that truly disruptive idea. We want to see our clients realise their potential and assist with their growth, by offering the information and consultancy from ideology stage to getting to the patenting stage, Where the IP Law geniuses take control.

Our Co-Founder, Lee-Ann Picoto, has been predominantly involved in the educating of individuals or companies wanting to learn more about Trade Secrets, the management of this with the platform created by her mentor Donal O’Connell (The Hazel Tool). Another platform for IP Risk Management (the Alder Tool) as well as the auditing of these forms of IP. Lee-Ann has noticed that there is a lack of knowledge of these forms of IP and the need to protect these, as we can tell by the series of Trade Secrets stolen over the last few years. Lee-Ann is inspired to empower women in the tech industries as well as those in academia and IP Law by using these platforms to better serve them on their journey to success or lend a helping hand. There has, without a doubt, been an increase in the scope of women in these industries, and this is something that resonates deeply with her.

Dantofon is able to set up surveillance around any tech space or assignee to receive the latest updates according to the user’s setting including legal status, patent family, citation information, patentee, litigation events, re-examination invalidation to help keep track of the latest patent changes and development of technologies or competitors.

Commercialisation Dantofon is able to provide insight into newly protected inventions, able to assist with potentially coming up with new ideas in relation to possible cross-application technologies, tech scouting and potential leads for collaborations. There are three main commercialisation options. - In the Spin-Off scenario, the university keeps most control and owns, manages, and finances the technology. - If a start-up is founded, the IP is licensed, while control and funding come from outside the University. - Commercialisation in TTO’s alternatively, the IP can be licenced to an established company.

R&D vision, it is important to encourage a culture of collaboration and transparency. Cross-functional partnerships and divisional collaboration should be encouraged, sharing observations with your colleagues, and work off the same dataset. Capture and manage what you find, including your IP portfolio, competitor’s portfolio, market intelligence, and general technology searches. Should any assistance be needed regarding Process Management, Dantofon can assist.

IP Firms benefits to having these platforms IP firms would not only be able to benefit from the vast array of information, but these would be added services you could provide to your clients should they not want to research at ideology stage. A benefit as far as the tools for Trade secrets and IP Risk is that you are then able to either manage the client’s IP portfolio and due diligence or perhaps offer the auditing as a service. One thing that we have noticed in South Africa is that there are more IP Firms, turning to us to create service offerings within Innovation.

Whichever scenario Dantofon can assist.

Market and Competitor Research

A bit about us. Dantofon is a Global IP Consultancy Group that is powered by our global partners incoPat for our IP analytics and is in collaboration with Chawton Innovation Services for Trade Secret Management tools and services including IP Risk Management and auditing. Our Founder, Shane Picoto, with 16 years in the industry, noticed a gap in the market. Techminded clients, with no interest in IP or had no time to have to learn how to use a tool to have the global data at their disposal. In South Africa, it could take up to 3 years for a patent to be granted! IP attorneys could have spent hours and hours doing searches on an idea that could be irrelevant. Our Global partner, incoPat, had the tool we could work our magic with, with the know-how of our Founder, it made for one powerhouse of a team.

This allows for the tracing of the technology development trends, seeks and decides the R&D direction, evaluates S&T achievements, raises the starting point for research projects, grasping innovation layouts, competitive industrial situations, digs high-value innovative technologies to provide reference for innovation decision-makers.

Successful market and competitive intelligence will leverage all the data that is available in order to provide the most complete picture upon which to base decisions relating to market opportunities and company strategies. By aggregating all the data available in relevant patents, IP analysis provides an efficient way of uncovering information relating to these areas, while often uncovering new facts that could be vital in assessments or business negotiations. Trade Secret Return on Investment Calculator Tool Dantofon prides itself in offering its assistance in a custom way dependent on the clients’ needs. Some clients prefer to have these tools in house. Others prefer to work on a project to project basis, and then there are those who would rather use the consultancy side, which provides all they need to move forward with their requirements.

Searches and Analytical Tools Dantofon provides the analytical and search tools to support your innovations and strategy as well as the experience in the search operators, complex query construction, CPC, IPC and truncation to ensure the results are always relevant.

Should you ever have any need for the above offerings, please do not hesitate to contact LeeAnn Picoto dantofon2018@outlook.com or +27 (0) 81 058 7113. We look forward to taking this journey with you. Moreover, to the ladies in any of these industries, keep doing what you are doing! You are all an inspiration to our company and many ladies around you.

UNITED C HKINGDOM I NA Name: Lisa Lovell Company name: Brand Enforcement UK LTD

Your Upper Hand in Innovation, Strategy and IP Management

Country: United Kingdom Position: CEO

Specialising In: o o o o o o o

Website: www.brandenforcement.co.uk

Commercialization Searches and Analytical tools and Trade Secret and IP Risk Management tools IP Strategy Market and Competitor Research Intelligence Portfolio, Workflow & Process Management Innovation and R&D Technology Transfer

Since entering the world of Intellectual Property in 1998, Lisa qualified as a Solicitor in 2002, Lisa Lovell has over 20 years’ experience in this niche legal field. She has written extensively on the subject of intellectual property theft for various publications including; World Trademark Review, Trademark World, Copyright World, Entertainment Law Review, Home Entertainment Week, Licensing Today Worldwide, Total Licensing, Toy News, World Tobacco, and Global IP Matrix. Lisa was the Editor of the bi-annual special supplements on Intellectual Property published in The Times and a contributing author to the Handbook of European IP Management, published by Kogan Page in 2007. Lisa has spoken at various events including The EUIPO’s Growing Business with IP (Milan), the Intellectual Property Crime Congress (IPCC) (Brussels) and World Tobacco (Bali, Mexico, and Macau).

Shane Miguel Picoto FOUNDER & IP DIRECTOR

Contact: Tel+27 (0) 81 058 7113 Email: dantofon2018@outlook.com Cape Town, South Africa

Lee-Ann Picoto CO-FOUNDER & COO

Incorporated in March 2003 to exploit a clear gap in the market, Brand Enforcement UK Ltd (BEUK) was set up as an independent specialist legal consultancy and anti-counterfeiting service provider with experience in all aspects of both the criminal and civil enforcement of intellectual property rights (IPR). CEO of BEUK, Lisa runs various international test purchase programmes for many of the world’s leading brands, spanning across many industries including fashion, electronics, printer consumables, e-cigarettes, medical devices, eyewear, and fragrances. Lisa provides her clients with law enforcement liaison support in the UK, gathers evidence by conducting test purchases of physical goods and acts as a product expert for many of her brand owner clients.

Once the evidence has been examined and determined as counterfeit, Lisa then produces the relevant expert and continuity witness statements where required. She then engages with the relevant Trading Standards (TS) authorities and offers further support in gathering further physical evidence and/or intelligence as to the supply of the counterfeit goods. With 20 years’ experience in the British Army, Lisa was a member of the Royal Military Police and did an operational tour of Iraq in 2004 (Op Telic). A trained Military Diver, Lisa participated in Operation Cockney triangle, a diving expedition in the Bermuda Triangle. Lisa has also participated in the British Army Skiing Championships and has conducted many different exercises in many different countries, including two Exchange Programmes in both Indiana and Michigan in the USA. Due to the experience gained in her military career, Lisa also conducts investigations on counterfeit targets, including not only the individuals behind it, any Company information, and details of any addresses the business is operating from. If Trading Standards decide to bring a prosecution on behalf of the client, Lisa supports them with whatever they need in order to achieve this. If Trading Standards decide not to bring a criminal prosecution, we then work with the brand to establish a different course of action which may include a private criminal prosecution or civil enforcement. Lisa also attends raids on behalf of her brand owner clients and also training events where Customs, police and Trading Standards Officers are provided with examples of product, both counterfeit and genuine and are hopefully then enabled to conduct their own product identification on the ground.

U. S . A . Name: Bobbie Carlton Company name: Carlton PR & Marketing. Innovation Nights, Innovation Women Country: U.S.A. Position: Founder Website: www.carltonmarketing.com www.innovationwomen.com www.innovationnights.com Bobbie Carlton, founder of Carlton PR & Marketing, Innnovation Nights and Innovation Women, has been called Boston’s Innovation Den Mother and the Startup Fairy Godmother. She’s an award-winning marketing, PR, and social media professional. Bobbie regularly speaks on marketing, public speaking, and women’s issues. Her humorous approach and fiery “let’s make something happen” brand is supported by the real-world results she helps drive: 1400+ new products launched, $3B in funding, 3 million monthly views, and 1000+ women speaking at conferences and events. Currently a “parallel” entrepreneur (instead of a serial entrepreneur), Bobbie has spent the last 10 years building her own businesses as well as supporting client and community efforts. Previously, in addition to working with several Boston-area PR and marketing firms, she headed global PR at Cognos and PTC, both publicly held enterprise software companies. In 2006 she switched gears, joining a startup focused on supporting self-esteem and positive role models for preteen girls through a social network and book series. In 2008, she started her own company…the first one. • Carlton PR & Marketing is a boutique agency servicing a wide variety of startups and small companies, providing support for PR, content creation, social media marketing, and marketing programs.

• Mass Innovation Nights (MIN) is a social media powered new product showcase and networking event. MIN has launched more than 1400 new products for free. These startups have received more than $3 billion in collective funding. When coupled with Bobbie’s PR work, she figures she’s helped launch more new products than any other PR person on earth. • Innovation Women is an online “visibility bureau,” helping drive visibility for entrepreneurial, technical, and innovative women through speaking engagements. Bobbie’s goal is to eradicate “Manels” (all-male panels) and get 2400 additional women onstage a month. (This number should get us to gender-equity on-stage. Currently, more than 70 percent of all conference speakers are men.) In 2010 she was called one of the “ten Bostonians who have done the most for the startup community.” She’s also received numerous professional awards: Marketing Sherpa Viral Campaign of the Year, several PRSA Silver Anvils, Mass High Tech Luminary Award, Boston Business Journal Woman to Watch, PR News Gamechanger award and Boston’s “50 on Fire.” See her TEDx talk for the Innovation Nights and Innovation Women stories.

“ We provide legal consultancy in all areas of business law” Areas of expertise - Trademarks / Designs / Patents - Copyrights / Domain names - IP Portfolio Strategy, Filing, Prosecution & Management - Enforcement / Unfair Competition - Litigation / Alternative Dispute Resolution - Anti-counterfeiting Anti- Licensing & Consulting - Commercial and Company

Silvia Hernandez Founding Partner Acknowledged by WTR 1000 CHAMBERS & PARTNERS - IP STARS Campoamor, 18 28004 MADRID – SPAIN Tel.: +34 91 310 63 63 shernandez@santiagomediano.com

NexLaw Advocates is a law firm licensed to practice law in the United Republic of Tanzania and Zanzibar since 2007. Our IP services include • Trade and Service Marks (Tanzania and ARIPO), • Competition Law, • Patents and Design Rights, • IP Audit and Due Diligence, • IP Licensing and Technology Transfer, • Copyright, Media and Entertainment, • IP Litigation, • Domain management services and online brand protection services. NexLaw Advocates, Patents and Trademark Attorneys, 4th Floor, PPF Tower, Ohio Street/Garden Avenue, P.O.BOX 75578 DAR ES SALAAM, TANZANIA Tel: +255 22 2135677 | Fax No.: +255 22 2135678 E mail: info@nexlawadvocates.com Webpage: www.nexlawadvocates.com

pgg

Propiedad Intelectual / Intelectual Property

Paula Guerrero Guerrero Managing Attorney / Abogada

Colina de los Acónitos No. 41-202C, Fracc. Bulevares, Naucalpan, Estado de México, 53140 México (+5255) 2580.3366 (+52155) 5432.6646 | pgg@pgg.mx | www.pgg.mx

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