Contents. LES-Arab Countries Newsletter. LES-AC Holds Training of Trainers Course in Jordan

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with Razzaz, Donates 100 TAGITOPs to King Abdullah II Schools for Excellence Luay Abu-Ghazaleh: Today Our Relations with China are Stronger than Ever Licensing Patents to Competitors Could Weigh

1 LES-Arab Countries Newsletter Issue No. 73 June 2017 Contents LES-AC Holds Training of Trainers Course in Jordan LES-AC Holds Training of Trainers Course in Jordan Abu-Ghazaleh Patronizes IP Rights Workshop Abu-Ghazaleh Signs Agreement with Razzaz, Donates 100 TAGITOPs to King Abdullah II Schools for Excellence Luay Abu-Ghazaleh: Today Our Relations with China are Stronger than Ever Licensing Patents to Competitors Could Weigh against Granting an Injunction AMMAN- The Licensing Executives Society- Arab Countries (LES-AC), presided by HE Dr. Talal Abu-Ghazaleh, has recently held the Training of Trainers (TOT) course certified by the Institute of Leadership & Management (ILM) in cooperation with the Arab International Society for Management Technology (AIMICT). Over seven days, the course focused on several key themes, most importantly: providing participants with practical training using the best practices and most effective and efficient technologies in training needs assessment, design training, presentation, assessment and development. / les@lesarab.org 1

2 The course witnessed the participation of a number of trainees representing different sectors and companies. Another course will be held on August 5, 2017 in Amman, for more information: Ext: 1654, or via les@lesarab.org LES-AC is the first Arab regional society specializing in the field of licensing and technology transfer. It is a non-profit society concerned with the development and education of the business community on the economic importance of licensing, protection of Intellectual Property Rights and technology transfer. LES- AC is a member of the International Organization of Experts Licenses (LESI) which comprises 32 national and regional societies around the world. Abu-Ghazaleh Patronizes IP Rights Workshop AMMAN HE Dr. Talal Abu-Ghazaleh patronized the Interaction between IP Rights and Pharmaceutical Products workshop organized by the Licensing Executives Society-Arab Countries (LES- AC) in cooperation with Abu- Ghazaleh Intellectual Property (AGIP) and the Arab Society for Intellectual Property (ASIP). The workshop was held in conjunction with the celebrations of the World Intellectual Property Day, observed annually on April 26 and established by the World Intellectual Property Organization (WIPO) to promote the significance of creativity and innovation. Dr. Abu-Ghazaleh stated that AGIP has exerted enormous efforts to become the largest firm in the field of Intellectual Property protection, when it changed its operations to become a digital business firm keeping up to date with the latest ICT development noting that the world is changing very fast and we should embrace this change. Regarding pharmaceuticals, Dr. Abu-Ghazaleh affirmed that patent protection of pharmaceuticals lasts for 20 years according to the law, however, the future would be for the so-called mapping genes that are suspected to be responsible for inherited diseases and consequently preparing the way for treatment through genetic therapy. Meanwhile, participants at the workshop dealt with various IP relevant issues; AGIP Executive Director Mr. Charles Shaban gave a presentation on trademark registration in the Arab countries. Jordan Food and Drug Administration (JFDA) Legal Advisor Mr. Wael Armouti talked about data exclusivity for biological products. Managing Director of Intellectual Property Commercialization Office (IPCO) Dr. Mohammad Al Jafari discussed patent / les@lesarab.org 2

3 commercialization of the true value of the invention. AGIP Patent Manager Ms. Nadeen Nusair gave a presentation about patent search, types and search mechanisms. Ms. Maha Shaban from the International Business Legal Associates talked about the legal measures against counterfeiting of pharmaceuticals under the Jordanian legal system. LES-AC is the first Arab regional society specializing in the field of licensing and technology transfer. It is a nonprofit society concerned with the development and education of the business community on the economic importance of licensing, protection of Intellectual Property Rights and technology transfer. LES-AC is a member of the International Organization of Experts Licenses (LESI) which comprises 32 national and regional societies around the world. Abu-Ghazaleh Signs Agreement with Razzaz, Donates 100 TAGITOPs to King Abdullah II Schools for Excellence Ghazaleh and the Organization for their ongoing efforts in the field of CSR and their support to the educational institutions whether by donating computers or training teachers. AMMAN The ministry of Education, and Talal Abu- Ghazaleh Organization (TAG- Org) have signed an agreement to donate 100 TAGITOP computers to King Abdullah II Schools for Excellence. Ten TAGITOPs will be donated to each School to be used for learning purposes in the computer labs. The agreement was signed by Minister of Education HE Dr. Omar Razzaz and TAG- Org Chairman HE Dr. Talal Abu-Ghazaleh in the presence of the Ministry s Secretary General for Administrative Affairs Mr. Sami Al Salaitah and a number of directors. Razzaz underscored the significance of using technology in developing the educational process mainly in an era that witnesses a revolution in communications technology. Dissemination of knowledge depends on ICT, which necessitates the need to provide students with computers to motivate and encourage their creativity and innovation, Razzaz further elaborated. Dr. Razzaz expressed his appreciation for Dr. Abu- The Minister pointed out that this agreement is the first step in a plan, which Dr. Abu-Ghazaleh pledged to accomplish. The plan incorporates the establishment of computer labs in different governorates throughout the Kingdom. Dr. Abu-Ghazaleh expressed the Organization s readiness to cooperate with the Ministry affirming that this support is part of his duty and responsibility towards the country as a whole. He also revealed that the Ministry has been implementing a set of creative ideas in the last few months which necessitate collective action and assistance to enable it achieve its goals for the / les@lesarab.org 3

4 benefit of the students and the country. Dr. Abu-Ghazaleh also highlighted the importance of providing support to students who will become the future leaders of this country mainly in the field of knowledge education. During the signing ceremony, the two sides discussed means of cooperation between the Quality in Education and Accountability Unit, recently founded at the Ministry, and the Arab Organization for Quality Assurance in Education (AROQA) chaired by Dr. Abu-Ghazaleh, as well as the mechanisms to develop teachers skills particularly in the field of English language proficiency. TAGITOP is the first state-ofthe-art Arab laptop designed and developed by Talal Abu- Ghazaleh Organization (TAG- Org) and manufactured at Samsung factories. TAGITOP initiative aims at introducing an affordable top of the line laptop to every Arab citizen, in an effort to increase the level of computer literacy in the Arab region, bridge the digital gap, and build sufficient ICT skills and capacity to boost the economic standing of the region and steer it towards a knowledge-based and innovation driven society. Luay Abu-Ghazaleh: Today Our Relations with China are Stronger than Ever AMMAN - HE Mr. Luay Abu-Ghazaleh, vice chair of Talal Abu-Ghazaleh Organization (TAG-Org) said, Since the beginning, we were keen to establish a comprehensive partnership with our Chinese counterpart and today our relations with China are stronger than ever. Speaking at a seminar that marks the 40 years of diplomatic relations between Jordan and China organized by Al Rai Center for Studies, Mr. Abu-Ghazaleh affirmed TAG-Org s keenness to maintain good relations with China which was the main drive for the Organization to expand its presence in this great country. In 2003, we have opened three offices in Shanghai, Beijing and Hong Kong and we have been serving more than quarter of a million Chinese companies since 1972 through Abu- Ghazaleh Intellectual Property (AGIP), he said. We highly respect the great Chinese civilization starting with its language and that is why Talal Abu-Ghazaleh Confucius Institute was established to teach the Chinese language and culture; we have also partnered with Hanban and Shenyang Normal University and today with the excellent cooperation and relation between Amman and Beijing, more Jordanian young people are beginning to excel in learning Chinese, he added. Mr. Abu-Ghazaleh expressed readiness to / les@lesarab.org 4

5 provide Chinese courses in other Arab countries, adding that TAG-Org is working on teaching Arabic in China as per the directives of HM King Abdullah II. Education has always been a priority for HM King Abdullah II and we are currently working on providing accredited courses in Arabic in China and we hope to have a network of Chinese schools here similar to the British and American schools, he said. We hope to receive the support of China in producing a Phablet which is a combination of a phone and tablet that can be used by students everywhere, a step forward towards the Smart School Bag, he added. Since 2009, the Chinese Embassy in Amman and TAG-Org opened Talal Abu-Ghazaleh Chinese Visa Section (TAG-Visa) as the only center for travelers to China in Jordan. We had the honor of receiving Vice Premier Liu Yandong during her official visit to Jordan in which she and the accompanying delegation visited TAG Confucius and Talal Abu-Ghazaleh University. We are proud that HE Dr. Talal Abu-Ghazaleh, Chairman of TAG-Org, was presented with the China-Arab Friendship Outstanding Contribution Award during President Xi Jinping s visit to Egypt in 2016, Mr. Abu-Ghazaleh said. The Chinese Ambassador to Jordan HE Mr. Pan Weifang underlined the relations between Jordan and China and that this unique partnership will be beneficial for the two nations. Meanwhile, HE Mr. Issa Murad, Member of the Jordanian Senate and Chairman of Amman Chamber of Commerce commended the role of Talal Abu-Ghazaleh Organization in teaching Chinese to Jordanians and introducing the Chinese culture. Participants from public and private sectors underlined the impact of Chinese economy on world markets and its vital importance to the Jordanian economy in particular. Licensing Patents to Competitors Could Weigh Against Granting an Injunction By John Paul, Brian Kacedon, and Lauren Dowty After succeeding on an infringement claim, a patent owner may seek a permanent injunction to prevent the infringer from marketing or selling infringing products in the future. Injunctions, however, are not granted as a matter of course. Rather, a patent holder must prove that it would suffer irreparable harm without the injunction. Recently, in Nichia Corp. v. Everlight Americas, Inc., the U.S. Court of Appeals for the Federal Circuit found that prior licenses granted by the patentee to some of its competitors could be considered in determining whether the patentee would be irreparably harmed without an injunction. Relying in part on these prior licenses, the court affirmed the district court s denial of Nichia s request for an injunction. Background Nichia sued Everlight for infringing its patents covering LED manufacturing methods and package designs. Following a trial, the court issued a ruling that Everlight infringed the patents and Nichia asked the court to issue a permanent injunction preventing Everlight from marketing or selling its infringing products. The district court denied Nichia s request, finding that Nichia failed to prove that it would be irreparably harmed without an injunction. To be entitled to a permanent injunction, a patentee must prove: (1) that it has suffered an irreparable injury; (2) that remedies available at law, like monetary damages, are inadequate to / les@lesarab.org 5

6 compensate for that irreparable injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. Nichia provided evidence of only one lost sale to support its claim of irreparable harm. The district court concluded, however, that Nichia s evidence did not even prove a single lost sale because there were several other lower-priced and licensed competitors that had the same sales opportunity. And because several of Nichia s licensees sold competing products at lower prices, the district court found that Nichia did not prove that Everlight s infringement caused any price erosion that damaged Nichia. The district court found, instead, that Nichia s licensing activities and the resulting sales of competing products changed the market by making multiple low-priced alternatives available. Nichia appealed, arguing in part, that the district court improperly considered Nichia s licensing activities in determining whether Nichia would be irreparably harmed absent a permanent injunction. The Federal Circuit Decision The Federal Circuit explained that although patent ownership grants a patentee the right to exclude others from practicing a patented invention, an injunction in patent law requires proof, under the four-factor test, that the patent holder would be irreparably harmed without one. The Federal Circuit rejected Nichia s argument that courts cannot consider patent licenses in determining irreparable harm under the four-factor test, finding instead that the patentee s licenses could weigh against a finding of irreparable harm. The court explained that Nichia s granting of licenses, the identity of licensees, the experience in the market since granting the licenses, and the identity of the accused infringers could all affect the court s analysis of whether irreparable harm. The Federal Circuit stated that regardless of the district court s licensing analysis, it properly treated the licenses as an independent ground for denying Nichia s request for an injunction. More particularly, rather than relying on its licensing analysis alone, the district court found the licenses bolstered its separate finding that Nichia failed to establish market competition, lost sales, and price erosion. The Federal Circuit agreed with these findings all of which weighed against concluding that Nichia would suffer irreparable harm absent an injunction. Strategy and Conclusion Granting patent licenses to competitors may make it difficult to get injunctions against other competitors, allowing them to stay on the market with an ongoing royalty despite infringement. Source: Recent-U.S.-Decisions-Affecting-Licensing. htm For more information, please contact us: LES- Arab Countries P.O.Box: Amman Jordan Tel: Ext: 1654/1140 Mob: Fax: les@lesarab.org Website: / les@lesarab.org 6

ASIP News. In this Isuue. ASIP held a workshop on the occasion of the World IP Day 2016

ASIP News. In this Isuue. ASIP held a workshop on the occasion of the World IP Day 2016 ASIP Newsletter - Issue3 May 2016 ASIP News In this Isuue ASIP held a workshop on the occasion of the World IP Day 2016 Under the patronage of HE Dr. Talal Abu-Ghazaleh, the Arab Society for Intellectual