IP Menu News - The Latest Intellectual Property Resource News
US victorious against China in WTO copyright infringement claim.
The US challenged China on three counts:
- No copyright protection for works that have not been approved by censors
- Thresholds for the prosecution of pirated goods so high that ineffective
- Unsatisfactory disposal by authorities of pirated goods.
The US was unsuccessful on the second count. The International Herald Tribune reported that China criticized the US for pursuing these claims, saying that it could ‘damage trade relations’.
The US has reportedly recently filed a further claim against China. See also a Reuters' article for further details.
Labels: China, Copyright News, United States
US to acquire stronger IP Laws
The US Senate recently passed the Prioritizing Resources and Organization for Intellectual Property Act of 2008. This bill would create a new position in the executive government for coordinating the enforcement of IP laws between US government agencies.
This bill has both a national and international focus. It would establish international IP enforcement coordinators and IP ‘attaches’ to be stationed at US embassies. Domestically it would create IP Enforcement Officers within the Department of Justice and would provide for grants to local law enforcement authorities.
The new bill would raise the maximum fines for IP offences, and also would not only give courts the ability in civil and criminal proceedings to authorize seizure of counterfeit goods, but also to authorize seizure of ‘property constituting or derived from proceeds directly or indirectly’ from the trafficking of a range of counterfeit goods, and also ‘property used or intended to be used’ for the trafficking of goods. In an article on BusinessWeek it was suggested that this is wide enough to include the seizure of servers from ISPs.
Reported also on IPworld.
Update -- This bill signed by President Bush yesterday, reported on Cnet.
Labels: Legal News, United States
US - USPTO to hold trademark expo
The United States Patent and Trademark Office (USPTO) is requesting applications for exhibitors at its national trademark expo to be held in Alexandria, Virginia from 10-12 April 2008.
"The three day event is designed to engage the public’s interest and educate consumers about the vital role trademarks play in the global economy."
Any company that has a registered trade mark may apply to exhibit, however, the applicants will be evaluated according to the following criteria:
- "Brand recognition - How well-known is the mark.
- Educational value of the proposed exhibit - How would the trademark holders participation help educate the public about trademarks.
- Category diversity - Does the applicants participation help ensure the Expo has a wide selection of trademarks."
The USPTO press release states that "space is limited so apply now."
Source and for further information
USPTO press release - USPTO to Hold National Trademark Expo
USPTO - Frequently Asked Questions About the 2008 USPTO National Trademark Expo [doc]
Labels: United States
US & Japan - trial of New Route for obtaining patents in foreign countries
The Japan Patent Office (JPO) has announced that in conjunction with the United States Patent and Trademark Office (USPTO) the "New Route" for obtaining patents abroad will be trialed in a pilot project. The "New Route" project will allow the examination results from the first filing of a patent application to be utilised
by foreign Patent Offices when subsequent applications are filed. The New Route will deal with applications filed through the Direct Application Route (Paris Route). "Under the New Route, a patent application filed with the Office of First Filing (OFF) will be regarded as being filed on the same date as the filing date in the Office of Second Filing (OSF). The search/examination results obtained in the OFF will be transmitted to the OSF within a certain period of time. At the same time, the New Route gives an applicant sufficient time (30 months from the filing (priority) date) to think over whether or not his/her application should undergo an examination in the OSF based on the search/results issued by the OFF."
"The New Route reduces the examination workload and increases the examination quality by providing for the mutual utilization of search/examination results on a full scale for Paris-Route applications, while giving an applicant more time to make a decision about whether to file overseas and the payment of accompanying costs."
As the New Route would require changes in the law in the US and in Japan, the pilot project will simply test the concept using the existing framework under the existing laws. In order to get the results of the pilot in a limited period of time, the applications for the pilot will be examined expeditiously at the OSF.
The trial will begin on 28 January 2008 and will finish when either 50 applications have been processed or 28 January 2009, whichever occurs first.
Sources and for further information
Japan Patent Office news - Analogous New Route Pilot Project between the JPO and the USPTO
Japan Patent Office - Outline of the New Route Proposal for Applications Abroad
Labels: Japan, Patent News, United States
US & Japan - Patent Prosecution Highway to continue on full-time basis
US & Canada - Patent Prosecution Highway
