Trade Secrets: The ‘Reasonable Steps’ Requirement

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Trade secret theft is a top risk for companies today. When the worst does happen and trade secrets are compromised, companies must prove that reasonable steps have been taken to protect a company’s crown jewels. But determining what “reasonable steps” are can be challenging. Governments have been vague about the term’s definition; and laws and legislation continue to evolve on this issue. However, court actions do provide insight on the ‘reasonable steps requirement’ and point to the need for companies to embed trade secret protection into business operations to qualify as legal protection, writes Pamela Passman.

Ecuador, BRICS Moving Away From International Investment Dispute Regime, Paper Says

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As part of a series of publications on investment treaties and investor-state dispute settlement, a developing country multilateral organisation released a policy brief focusing on Ecuador’s experience and action against the current dispute settlement system.

Was Google’s Unexpected Move To Create Alphabet About ‘Genericization’?

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When Google announced on 10 August that it was creating an umbrella organisation called Alphabet, encompassing Google itself and its many satellite companies, word spread like fire. The unexpected move left everybody guessing, and some thinking about Google’s effort to protect its valuable brand and keep its name from becoming a generic term for searching the internet.

No Deal Overall, But TPP Ministers Agreed Some IPR Issues In Hawaii, US Says

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While the ministers of the 12 countries negotiating the Trans-Pacific Partnership (TPP) acknowledged they are still far apart on certain issues such as dairy, there were some areas of agreement in this week’s negotiation in Hawaii, they said. Some of them appear to have been related to intellectual property rights, with particular mention of geographical indications (GIs).

IP-Watch Seeks Part-Time Fundraising/Outreach Expert

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Intellectual Property Watch is seeking a dynamic person to help expand our fundraising and outreach activities.

Special Feature: Differences Over GIs Threaten 2016/2017 WIPO Budget Approval

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The UN World Intellectual Property Organization is a member-driven agency set up to protect IP rights worldwide. In recent years, an area of dissension and debate has been how to make the organisation – and IPRs – friendlier to developing countries. This year, however, it has become a hotspot for the global debate between developed countries over protection of geographical indications, products of distinctive character deriving from specific locations.

South Africa Draft Copyright Amendment Bill Published For Public Comment

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The publication for public comment of the much-anticipated South African draft Copyright Amendment Bill has cautiously been welcomed by some stakeholders, who believe that parts of the draft are unworkable.

The TPP’s Reckless Proposals For Damages Will Have Negative Impact On Future Reform Of IPR Regimes

Jamie Love

James Love writes: This week negotiators from a dozen countries are meeting to finalize the rules for the Trans Pacific Partnership (TPP) trade agreement. When or if concluded, this massive regional trade agreement will set new standards for the grant of property rights in knowledge, and the enforcement of those rights.

The TPP chapter on intellectual property covers all intellectual property types included in Part II of the WTO’s TRIPS agreement, plus some others, including not only patents, copyrights and trademarks, but also “undisclosed information”, test data for the registration of drugs, industrial designs, layout-designs of integrated circuits. The rules in the TPP are intended by the United States to become global norms, effectively replacing TRIPS.

While there are plenty of issues in the TPP IP Chapter, this note only addresses one set of issues — those relating to the remedies for the infringement of intellectual property rights. The remedies include such topics as injunctions, damages, and the seizure or destruction of infringing goods.

Ukraine Open Access Initiative Roils Local Authors Seeking Copyright Protection

Vladimir Groisman, head of Ukraine's Verkhovna Rada and an author of the new initiative

It may be an open access initiative, but Ukrainian writers and authors are on the verge of massive protests, due to a recent initiative of the Ukrainian Parliament (Verkhovna Rada) to conduct digitalisation and online publishing of all of the books and documents stored in the national archives and libraries.

Nairobi WTO Ministerial Conference Preparation On Track, Says Ambassador

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“Membership is comfortable with the level of preparedness and what we have done as a country” to host the December trade ministerial, the Kenyan trade minister told press at the World Trade Organization today.