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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.


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    Revolving Door: US Copyright General Counsel Joins Music Industry

    Published on 29 August 2012 @ 6:51 pm

    By , Intellectual Property Watch

    Continuing the revolving door tradition between the United States government intellectual property and trade officials and the industries they represent, David Carson, general counsel of the US Copyright Office, will join the top international music industry association in September. Carson will assume a role of influencing policymakers in drafting legislation to protect and promote copyright. His is latest in a series of moves blurring US industry and government lines, and extending to the UN.

    Carson will become the head of global legal policy at IFPI (the International Federation of the Phonographic Industry), the London-based international association of the recording industry.

    Carson will join IFPI on 24 September, according to an IFPI release. He will report chief executive Frances Moore and will “help coordinate the organisation’s outreach to policymakers worldwide,” IFPI said.

    “At IFPI, Carson will coordinate the recorded music industry’s legal policy strategy worldwide, working with governments, lawmakers, other industries and international organisations on a wide variety of copyright issues, including the need to achieve robust legislation to help tackle online piracy and establish a sustainable digital music market,” it said.

    Carson, a frequent participant in negotiations at the World Intellectual Property Organization, has served as general counsel at the Copyright Office since 1997, with a term as associate register for policy and international affairs in 2007-2008.

    “He has been involved on behalf of the United States government in virtually every significant copyright law and policy matter in the past 15 years,” IFPI said.

    Carson came to the Copyright Office from a career in private practice in film industry centre Beverly Hills, California, and New York. He graduated from Harvard Law School and Stanford University, as well as international studies at the Fletcher School of Law and Diplomacy.

    Carson is only the latest in a series of moves involving US officials with deep ties to the copyright industry.

    Earlier this year, Shira Perlmutter left the top global legal policy post at IFPI to become the lead official for international affairs at the US Patent and Trademark Office.

    Perlmutter filled the post at USPTO after Albert Tramposch returned to the private sector at the American Intellectual Property Law Association in Washington, DC.

    (see IP-Watch coverage here and here.)

    Examples of US industry-policymaker ties also extend to WIPO. This summer, Michele Woods was named director of the Copyright Law Division for the Culture and Creative Industries Sector for the next two years. Woods came from the US Copyright Office, and before that was an industry lawyer representing clients such as major league sports.

    Other WIPO officials from the United States have come from strong industry backgrounds as well. On the patent side, the top WIPO official for patents and global issues, James Pooley, was a long-time industry lawyer.

    And in the newest twist, WIPO this year has brought on a top lawyer from US-based Intellectual Ventures, Matthew Rainey, to oversee the new innovation division. Intellectual Ventures is a multi-billion dollar non-practicising entity, sometimes referred to as a patent troll, which is expert at buying up IP and defending it.

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

     

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    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.

     

     
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