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

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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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    Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case

    Published on 24 October 2013 @ 1:11 am

    By , Intellectual Property Watch

    The government of Antigua and Barbuda is said to be taking steps to set up a platform to allow the tiny Caribbean nation to monetise or otherwise take advantage of the suspension of US intellectual property rights, as it is permitted to do by a World Trade Organization dispute panel. The WTO panel had ruled that Antigua could make up its loss in IP rights for US measures blocking Antiguan online gambling in the US.

    A WTO Remedies Implementation Committee in Antigua and Barbuda, made up of experts in IP and trade law, information technology, and economics has held a meeting “geared toward harvesting benefits” of the WTO case, according to a 23 October Antigua release. The committee is chaired by Attorney General Justin Simon, and includes Ambassador Colin Murdoch and chief legal counsel in the WTO matter, Mark Mendel.

    “The Committee is said to be recommending the establishment by the Government of Antigua & Barbuda of a statutory body to own, manage and operate the ultimate platform to be created for the monetisation or other exploitation of the suspension of American intellectual property rights authorised earlier this year by the WTO,” the release said. It is understood that the necessary domestic legislation to implement the remedies is in the final stages of preparation for submission to Parliament.”

    Additionally, it said, “an announcement regarding the opening of tenders for private sector participation in the operating of the platform should be announced shortly.”

    Antigua and Barbuda Prime Minister Baldwin Spencer expressed support for the committee’s work, the release said.

    “In the face of the ongoing failure of the United States to negotiate with Antigua and Barbuda a reasonable settlement of this dispute, the implementation of trade remedies awarded by the WTO is an important international responsibility,” he said. “I am pleased that the Committee continues working with expedience, meeting as scheduled and focusing on its mandate to utilise the WTO remedies in a responsible and proper manner. This will give Antigua & Barbuda a tangible benefit for our years of perseverance on this matter.”

    “Be assured that resolving the WTO Gaming case in a fair, reasonable and positive way is a top priority of the Government of Antigua and Barbuda,” the prime minister said.

    The platform could be a website offering unprotected US content. The case allows for cross-retaliation in the millions of dollars (IPW, WTO/TRIPS, 3 September 2009). Antigua and Barbuda has claimed the damage of the US measures has been in the billions of dollars.

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

     

    Comments

    1. Antigua preparing to launch platform to take advantage of suspension of US intellectual property | Bonus Republic says:

      […] Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case […]

    2. STLR Link Roundup – November 2, 2013 says:

      […] government of Antigua and Barbuda, following a WTO panel ruling, is now pursuing a monetization scheme that would create a local market for United States copyrighted material free of royalties to the […]

    3. Antigua Still Threatening To Launch Its WTO-Endorsed Legal Piracy Site, But We've Heard That Before - Copywrong says:

      […] about how this time it’s really, really, really going to do what the WTO has said it can do: set up a legal platform to infringe on American copyrights as a form of official payback for the US clearly violating a trade agreement with Antigua by […]

    4. Antigua says US offer to resolve WTO dispute “far short of what is required” | Bonus Republic says:

      […] Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case […]

    5. Antigua to implement suspension of US intellectual property rights | Bonus Republic says:

      […] Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case […]

    6. Is Online Gaming Protected Intellectual Property? says:

      […] governments in Barbuda and Antigua have taken intellectual property rights to a whole new level by challenging the U.S. government. In […]


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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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