IP protection key to export success: Carr

THE Federal Department of Innovation, Industry, Science and Research has launched a national seminar series aimed at reducing risks faced by small businesses in trying to protect their intellectual property when exporting.

Innovation Minister Kim Carr said the seminars, to be conducted in all Australian states and territories between now and the end of the month, were a tool for small businesses unsure of how to protect their intellectual property when venturing overseas.

The ‘IP Passport’ seminars explain how Australian businesses can better protect their valuable IP, including patents, trade marks and designs, before they export their goods and services.

“IP protection overseas can be a minefield for businesses, particularly in Asia” Senator Carr said. “I encourage small businesses to familiarise themselves with the IP laws in export markets so they can effectively manage their IP assets when dealing with overseas business partners.”

Recent research estimates there are over 40 000 exporting businesses, with around 15 per cent of all small to medium enterprises (SMEs) now actively engaged in exporting.

Many SMEs are also moving beyond traditional exporting and importing and are globally engaged through licensing, franchising, strategic alliances and global supply chain. IP can be an integral bargaining chip in negotiating deals to access new markets overseas.

“Intellectual property is something that a business needs to get right from the start if they want to be successful,” IP Australia director general Phillip Noonan said.

“If you make an IP mistake when you first commence exporting, it can be virtually impossible to recover.”

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Hollywood hails Vic pirate bust

HOLLYWOOD movie production houses have hailed a Victorian Police operation that netted the largest ever haul of pirated DVD’s ever found in Australia.

The Victorian Police operation, conducted in conjunction with the Australian Federation Against Copyright Theft (AFACT), the local anti-piracy lobby, seized more than 250,000 copied DVDs and 100 DVD-R burners.

The operation shut down the largest known piracy operation in Australia.
The Motion Picture Association of America (MPAA), the industry lobby represent Hollywood studios, applauded the action.

“The Australian authorities have done it again … their aggressive enforcement efforts send a clear message that piracy will not be tolerated,” said the MPAA’s Asia-Pacific senior vice-president Mike Ellis. “We congratulate them on another successful raid and look forward to working with them on the next one.”

Last November, AFACT joined the MPAA’s Operation Blackout, an aggressive anti-piracy enforcement initiative scheduled to run until the end of January in 13 countries Asia-Pacific countries including Australia.

Operation Blackout is focused on the prevention of illegal camcording of newly released titles in cinemas, internet piracy, and the continued production, distribution and sale of pirated DVDs.

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IBM lodges Asus patent complaint

IBM wants the US government to ban the imports of Taiwanese OEM manufacturing giant Asustek, claiming the company infringes IBM patents in a broad variety of its tech products.

Asustek, which is best known for manufacturing PCs, notebooks and other products on behalf of big brand companies, has in recent years established it own ASUS brand in a growing number of international markets.

IBM claims it has made “repeated attempts” to reach licensing agreements with Asustek and its subsidiary in the US, ASUS Computer International.

Big Blue has now filed a complaint with the US International Trade Commission outlining three specific breaches concerning patents covering power supply, automatic fan speed control, and computer clustering.

“The infringing Asustek computer products include notebook computers, so-called barebones computer systems, servers, routers and various computer components,” IBM said in a statement.

The US International Trade Commission is an independent federal agency that has the authority to ban the importation of products found to infringe the patents of US companies.

Asustek, which builds products on behalf of companies like Dell and Hewlett Packard, has denied the allegations.

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Apple settles Burst patent dispute

APPLE has signed an agreement to end two years of litigation with audio software specialist Burst.com, saying it will pay Burst.com a one-time payment of US$10 million (A$11.4 million.)

The one-time payment will give Apple non-exclusive license to Burst’s patent portfolio, except four specified DVR technologies.

The $10 million patent license provides Apple with the right to use Burst’s intellectual property in its own technology and products, without further consideration. Burst, however, retains the right to enforce its patent portfolio against others.

Court costs, expenses and attorney’s fees in connection with the settlement of the litigation with Apple will reduce proceeds to the Company to approximately $4.6 million.

The Apple litigation related to audio compression software used in iPod players, iTunes, iLife and QuickTime.

Burst settled a similar dispute for US$50 million last year.

“Burst plans to continue identifying and evaluating companies who represent licensing opportunities and intends to diligently pursue those likely to yield suitable returns,” the company said in a statement.

“Burst does not plan to announce specific names of suspected infringing products or companies in advance of negotiating with them or filing litigation to enforce its patent rights.”

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Content giants join IP action against Google

AN orderly queue of content giants seeking to deliver Google and its subsidiary YouTube a legal punch is growing, with UK Premier League soccer among a group to joint the class action.

English Premier League Soccer, music publishers Bourne & Co, the Rugby Football League, the Finnish Football League and various boxing promoters, authors and other video content producers have joined a class action against YouTube in the US District Court for the Southern District of New York.

The content providers argue that YouTube has encouraged copyright breaches through its video-sharing site, and that the company’s entire business model is based on breaches of intellectual property law.

Viacom, the US media giant and owner of the MTV music network, sued Google and YouTube in May for US$1 billion, alleging copyright breaches.

Google and YouTube have denied the charges of content providers, saying the companies all misunderstand the nature of the Digital Millenium Copyright Act, which seeks to balance the rights of content owners with that of users and the internet services they use.

Premier League soccer spokesman Dan Johnson said the organisation was pleased that so many companies have joined the action.

“The clear and growing message to YouTube and Google is simple: their callous and opportunistic business model is contrary to right, contrary to law, and must and will be stopped,” Mr Johnson said.

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Apple to deliver YouTube to TV

APPLE has signed a deal with Google’s YouTube unit that will deliver the internet video catalog to television screens via the Apple TV set-top box.

Starting this month, Apple TV will wirelessly stream videos directly from YouTube and play them on a user’s widescreen TV. Using Apple TV’s interface and Apple Remote, viewers can browse, find and watch free videos from YouTube in the comfort of their living room.

“This is the first time users can easily browse, find and watch YouTube videos right from their living room couch, and it’s really, really fun,” said Apple chief executive Steve Jobs.

“YouTube is a worldwide sensation, and Apple TV is bringing it directly from the Internet onto the widescreen TV in your living room,” Mr Jobs said.

Thousands of the current and popular YouTube videos would be available on Apple TV at launch, with YouTube adding thousands more each week until the full YouTube catalog is available.

Naturally, nothing is ever as simple as it seems, and pundits are already saying Apple may find itself in the middle of the copyright row between YouTube and a host of content providers.

In March, media giant Viacom (owners of MTV and a host of other media properties) sued YouTube for US$1 billion for alledged breaches of copyright.

Viacom’s suit complains bitterly that YouTube did not adequately police what its users uploaded to the site – and consequently it content frequently breached the copyright of others.

Apple also launched this week its iTunes Plus service, which allows music downloads that have no copy-protection that limits how consumers can use the songs. iTunes Plus features artists from EMI, which include Coldplay and The Rolling Stones.

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Truss talks tough on China’s IP record

JUST as Australian Trade Minister Warren Truss stepped into a growing fight between the US and China over intellectual property, Austrade has announced a series of seminars for Australian companies on protecting IP rights in China.

Mr Truss said last week that Australia was considering joining the US in lodging complaints against China with the World Trade Organisation (WTO) over IP infringements.

Mr Truss will travel to China this week to co-chair a meeting of the Economic Cooperation Dialogue, and to meet with China’s Commerce Minister.

Austrade said last week that it had teamed with IP Australia to host ‘View in 2007: Intellectual Property and new markets in China’, a seminar series that will provide exporters with updated perspectives on IP from experts direct from the coalface in China.

The day-long seminars will be held through May at various locations around the country, including Canberra, Sydney, Melbourne, Brisbane, Adelaide and Perth.

Speakers will include Mr Truss, as well as Australia’s senior Trade Commissioner to China Peter Osborne, Rouse and Co International manager Anna Booy, and Day Consultants founder Mark Day.

Exporters will also be able to network with speakers and get their questions answered by representatives from Austrade, IP Australia, the Department of Foreign Affairs and Trade and the Attorney General's Department as well as Australian exporters with current in-market experience.

Meanwhile, one of the nation’s most powerful business lobbies, the Australian Industry Group has backed Mr Truss statement on joining the US in complaining about China to the WTO.

“A lack of enforcement arrangements against IP infringement in China is a critical issue faced by Australian companies in their dealings in China,” Australian Industry Group chief executive Heather Ridout said.

“As a member of the multilateral trading structure, China must meet its WTO commitments on IP and this issue, along with China's undervalued currency, has been central to all the discussions with China over recent years.”

“(The Australian Industry) Group has also suggested to the Australian Government that a consultative mechanism be established now so that IP infringement matters can also be addressed at senior administrative government levels in the context of the Australia-China FTA negotiations,” she said.


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