SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


Latest Comments
  • 'Business methods were generally not patentable in... »
  • Big win for humanity! It's great to see that in Ec... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    Some Major Trading Partners Are Biggest IP Violators, USTR Says

    Published on 1 May 2012 @ 4:32 pm

    By , Intellectual Property Watch

    The United States Trade Representative’s office yesterday issued its annual report naming countries that it says are the biggest infringers of US intellectual property rights, among them some of the country’s biggest trading partners. Meanwhile, questions were raised about the close adherence to industry views in the report.

    In its Special 301 report, in which USTR places countries on lists by degrees of severity of the problem, is used to threaten countries with the loss of unilateral trade benefits if they do not improve.

    This year, USTR tied the IP efforts to jobs in the United States. “When trading partners don’t protect IPR, they threaten those critical jobs and exports,” US Trade Representative Ron Kirk said in a release.

    This year, the trade office looked at 77 countries and placed 13 on the “priority watch” list, the highest concern. The list suggests a political element as well as containing some of the biggest US trading partners and closest allies: Algeria, Argentina, Canada, Chile, China, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine, and Venezuela. There were 27 countries on the “watch” list.

    Russia is notable because it is joining the World Trade Organization this year, meaning it will be held to compliance with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

    Although being placed on USTR’s unilateral list could eventually lead to sanctions against a country, it mainly represents bilateral talking points for the coming year. Ukraine, a country whose imports into the US actually were sanctioned several years ago for failing to address US concerns, had improved but this year is back on the list. Spain and Malaysia, meanwhile, were praised for getting off the list.

    “Malaysia has been removed from the Watch List after making significant strides, including passing copyright amendments that strengthen copyright protection, stepped-up IPR enforcement, and promulgating regulations to protect pharmaceutical test data,” USTR said in the release. “In addition, Spain has been removed from the Watch List because of its adoption of regulations implementing a law to combat piracy over the Internet.”

    But, it added, “Ukraine is being moved to the Priority Watch List from the Watch List in light of serious and growing concerns relating to counterfeiting and rampant piracy, including piracy over the Internet.”

    The 2012 Special 301 report is here [pdf].

    Essential Policy Tool or “Fact-Free” Industry Pap?

    In assembling the report, USTR carefully consults US industry, among others, and it is well-established that the report usually reflects many of the industry concerns.

    Lobbying groups representing IP-intensive industries issued releases yesterday hailing the report and the importance of protecting IPRs.

    “The Special 301 process is an important mechanism for policymakers to assess who is playing by the rules of the global trading system, and more specifically, whether countries are adhering to their intellectual property obligations under trade agreements,” said Mark Elliot, executive vice president of the US Chamber of Commerce Global IP Center. “Strong rules and effective enforcement regimes are an essential measure of the climate for companies small and large who wish to conduct business with foreign countries.”

    Elliott signalled that USTR followed much of the Chamber’s advice on the eight countries on which it commented. “We are encouraged that USTR recognizes many of our same concerns in these eight countries,” he said.

    Steve Metalitz, counsel to the International Intellectual Property Alliance (a consortium of the nation’s largest IP trade associations), said in a release: “By seeking concrete solutions to piracy and barriers to market entry in those markets most affected by these distortions, USTR’s Report signals strongly the Administration’s commitment to protect one of our nation’s most valuable assets.”

    Meanwhile, from the public interest perspective, serious questions were raised about credibility of the report and the US government’s close relationship with industry.

    “Once again the US Trade Representative has produced a fact-free report that ignored any point of view except that of big media companies,” Rashmi Rangnath, director of the Global Knowledge Initiative at Public Knowledge, said in a release. “We are distressed that countries which have yet to pass harsh legislation being pushed around the world remain on the watch lists, while countries which give in to US pressure, such as Spain, are removed when they pass punitive legislation.”

    “We are particularly distressed that Canada remains on the Priority Watch List, even though Canadian laws provide greater rights to copyright holders than US laws,” Rangnath said. “It appears that these rights are not stringent enough for the special interests pushing for even stronger measures.”

    Michael Geist, a University of Ottawa law professor, criticised the report for lacking a legal basis. “While inclusion on the list is designed to generate embarrassment in target countries, this year’s report should elicit outrage,” he said. “Not only is the report lacking in objective analysis, it targets some of the world’s poorest countries with no evidence of legal inadequacies and picks fights with any country that dare adopt a contrary view on intellectual property issues.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. PHL stays on US intellectual property watch list – GMA News | Law Attorney Magazine | Law Attorney News says:

      [...] amendments to the copyright law, according to the US government.US retains PH on watch listMalayaSome Major Trading Partners Are Biggest IP Violators, USTR SaysIntellectual Property WatchPH remains on US piracy watch listABS CBN Newsall 16 news [...]

    2. USTR Releases 2012 Special 301 Report says:

      [...] William New for Intellectual Property Watch.  Some Major Trading Partners Are Biggest IP Violators, USTR Says. (Story) [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 106.120.173.72