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IP-Watch Summer Interns

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

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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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    Infojustice: The Topsy-Turvy US International Trade Commission

    Published on 17 June 2013 @ 6:58 pm

    Intellectual Property Watch

    Infojustice.org examines the evolving responsibilities of the US International Trade Commission (ITC) and its decision to bar imports of older Apple iPhones and iPads, finding that they infringed patents held by Samsung.

    Infojustice reports:

    “The U.S. International Trade Commission (ITC), a once-sleepy tribunal that, until recently, devoted its time to stopping imports of counterfeit handbags and pirated DVDs, has gone rogue.  The purpose of the ITC, originally chartered by Congress in 1916, is “to adjudicate trade disputes between U.S. industries and those who seek to import goods from abroad.”

    But recently matters coming before the ITC have expanded, primarily in the area of patents.  In a 2011 paper, Professor Colleen Chien reports that the number of patent suits at the ITC has increased fivefold over the past 15 years, and the number has only increased since then.

    Unlike trademark and copyright disputes, many of the patent disputes brought before the ITC are between domestic companies that simply have their products manufactured overseas.  So long as a product is manufactured abroad, the ITC has the authority to block its import into the U.S.  Thus the ITC, which was created to adjudicate international trade disputes, is hearing an increasing number of cases between U.S. companies.  But that’s not all.  In order to bring a suit at the ITC, a company need only show that it has a “domestic industry” to protect, a test that, these days, is not hard to satisfy.  For example, patent trolls that do no more than license patents for a fee have been found to be engaged in a domestic industry (patent licensing).  And foreign companies that sell products in the U.S. are also engaged in a domestic industry.  Thus Samsung, Korea’s largest industrial concern and one of the largest vendors of smart phones and tablets in the U.S., can seek to block infringing imports through the ITC.  Even if those “imports” are made by a U.S. company like Apple.”

    Read the full article here.

     


    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.

     

     
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