On IP Protection, USTR Finds Fault With China, India … And Switzerland? 27/04/2016 by William New, Intellectual Property Watch 3 Comments The Office of the United States Trade Representative (USTR) does not hesitate to add even its closest friends to its annual list of concerns about possible inadequate protection of US intellectual property rights. So this year, along with perennial listees China, India and dozens of others, vigorous IP-rights defender Switzerland makes an appearance. The annual Special 301 report was issued today, and in its press release this year, USTR also included its primary client in publishing the list – the rightsholder industry.
In US, Growing Battle Over Offensive Trademarks 26/04/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment The US Patent and Trademark Office (USPTO) is not admitting defeat. It is still refusing to register trademarks that disparage people, even though this policy violates the First Amendment’s guarantee of free speech, according to a December decision by the Federal Circuit Court of Appeals. The USPTO has appealed the court ruling, and many experts expect the Supreme Court will soon rule on whether there is constitutional protection for disparaging marks. [Updated!]
Despite Government Pledge, US Firms Say They Are Left On Own For Cyber Theft Protection 21/04/2016 by Bruce Gain for Intellectual Property Watch 1 Comment The United States government continues to ratchet up its rhetoric against state-sponsored “cyber” theft of intellectual property, but private firms largely report that they have to take matters into their own hands.
Failsafe Tips For Identifying And Developing Potentially Valuable Patents 20/04/2016 by Intellectual Property Watch 2 Comments It’s easy to find valuable and useful patents, if you have small patent portfolios, but it can be a daunting task when portfolios contain hundreds or thousands of patents. Yet this task is critical for any business, and especially for technology companies that typically hold significant portfolios.
US Senate Backs Bill Allowing Federal Courts To Handle Trade Secret Cases 06/04/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment The “Defend Trade Secrets Act of 2016” cleared the Senate unanimously on 4 April. The measure amends the Economic Espionage Act of 1996 to create a private civil cause of action for trade secret misappropriation. The bill now heads to the House, where passage appears likely, according to IP lawyers.
Digital Rights Groups: DMCA Reform Should Target Takedown Abuse, Errors 03/04/2016 by William New, Intellectual Property Watch 2 Comments Advocacy groups supporting digital rights and access online joined rights holders and artists in calling for reform to the United States law intended to balance copyright protection with the free flow of information on the internet. But the advocacy groups say the problem may be rights holders’ improper takedowns of online content and errors in the system.
Artists, Music Industry Urge Reform Of “Broken” DMCA 01/04/2016 by William New, Intellectual Property Watch 1 Comment Arguing that the copyright law in the United States intended to protect creative works while allowing access by the next creators is “broken”, hundreds of top artists, songwriters, managers and music associations are urging reforms to the law. Top performers like Katy Perry and Christina Aguilera joined the call.
USTR Annual Report On Trade Barriers Highlights IPR Rights And Wrongs 01/04/2016 by Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative (USTR) today (30 March) issued its annual National Trade Estimate report pointing fingers at trading partners’ practices it sees as barriers to US trade. And the treatment of intellectual property in countries like India is high on the list. But the report also goes to lengths to praise progress in countries too.
US Tech Industry Associations Endorse TPP 31/03/2016 by Intellectual Property Watch 2 Comments A number of internet and software industry in the United States have come out in support of the Trans-Pacific Partnership (TPP) negotiated by the Office of the US Trade Representative (USTR) last year.
Despite Supreme Court Ruling, Foreign Sales Don’t Affect US Patent Rights 29/03/2016 by Steven Seidenberg for Intellectual Property Watch Leave a Comment The controversial ruling was perhaps to be expected. The Federal Circuit Court of Appeals doggedly hewed to its existing interpretation of patent law. Unfortunately, the court’s decision in Lexmark International v Impression Products conflicts with recent Supreme Court jurisprudence, according to many experts – thus leaving unresolved some important questions about how much control patentees can maintain over their patented products.