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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.

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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    Alleged Leaked EU Analysis Sheds Light On TTIP Negotiations On IP

    Published on 28 March 2014 @ 7:18 pm

    By , Intellectual Property Watch

    An alleged leaked analysis by the European Union provides insight into the intellectual property section of the draft Transatlantic Trade and Investment Partnership (TTIP) with the United States. And separately, the US International Trade Commission released a report on trade barriers that US small businesses perceive in exporting to Europe.

    The two-page text is an excerpt from a 20 March EU analysis, according to Knowledge Ecology International (KEI), which posted and wrote about the document here.

    The leaked document is a summary report on the latest negotiations on a full range of IP rights that might be included in the bilateral agreement, including the difficult issue of geographical indications (GIs).

    “The main achievement of the fourth round is the agreement of both sides to continue further work on the basis of a US proposal for the architecture of the IPR Chapter,” the document states. “The idea is to have 4 sections: 1) list of international agreements; 2) general principles stressing the importance of IP as a tool for growth, jobs, and innovation, 3) binding commitments on a limited number of significant IP issues, and 4) cooperation on issues of common interest.”

    But it notes: “All discussion remained purely exploratory and do not signal a commitment to negotiate on any of the topics discussed.”

    In its assessment, KEI said there clearly are elements kept secret but that “there are some new insights” in the leaked document.

    Among the new insights, KEI said, are: “the US resistance to provisions on unregistered designs for apparel, the US ‘stakeholder’ concerns about pharmaceutical test data, which probably concerns EU proposals for greater transparency of such data, the fact some ‘relevant sectors of the [Obama] administration’ are supportive of EU proposals on broadcaster rights, public performance and resale rights (all of which would require changes in US copyright laws), proposals for joint US/EU ‘country reports on enforcement’ in third countries, and norms for trade secrets that will involve new US legislation. The discussion on GIs took up a half day, and appeared to cover familiar ground and no movement on either side.”

    USITC Report on TTIP and Small Business

    Separately, the USITC has issued a 168-page report [pdf] on the trade barriers US small and medium businesses perceive in exporting to the EU.

    “Respondents reported that numerous EU trade barriers, particularly standards-related measures, limit SMEs’ exports to the EU more than those of large exporters,” the report summary states. “They explained that while complying with standards, technical regulations, and conformity assessment procedures is costly for larger firms, it is potentially prohibitive for SMEs because many costs are fixed regardless of a firm’s size or revenue. Respondents also cited difficulties involving trade secrets, patenting costs, and logistics challenges, especially customs requirements, Harmonized System classifications, and the EU’s value-added tax system. Trade financing in the EU was reported to be a lesser problem. It also cites industry-specific barriers.

     

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

     

    Comments

    1. mcjwelles says:

      These obscured negotiations appear to this reader as a means of insuring a formal euro and pound subjugation to the $, a legal means to expedite the shifting of Western fuel sourcing from Russia to the US and US/ Mid East (Israel) pipeline to W Ukraine. US apparently predicts the Latin American market is in the bag, has relinquished the Stans finally- and Asia. Africa looms as the next ‘Risk” strategy.

      In short I am suspecting that we are witnessing the economic WWlll, as predicted, outbreak as the Hemispheres are being renegotiated. The Ukraine drama is not more than a seminal detail?

    2. Rebentisch says:

      Why can’t the US simply harmonise with European GI protection and move on?

      Regarding patents a EU substantive patent law is unfortunately not existing in the Acqui Communautaire, so how could they negotiate “grace period” with the US?


    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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