On April 12, 2010 the United States Government Accountability Office (GAO) released a report on its efforts to quantify the economic effects of counterfeit and pirated goods in the U.S. The report, "Intellectual Property: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods" (GAO-10-423) is a result of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which directed the GAO to provide information on the quantification of impacts of counterfeit and pirated goods.
The GAO conducted its research during a one year period from April 2009 to April 2010, and examined pre-existing research on the effects of counterfeiting and piracy on consumers, industries, government and the U.S. economy. The GAO also interviewed officials and experts from U.S. government agencies, industry associations, nongovernmental organizations and academic institutions. The report states that "quantifying the economic impact of counterfeit and pirated goods on the U.S. economy is challenging primarily because of the lack of available data on the extent and value of counterfeit trade." The experts and literature reviewed by the GAO produced different examples of the effects of counterfeit goods and piracy on the U.S. economy, and the GAO concluded that "despite significant efforts, it is difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole." No recommendations were made in the report.
The GAO's report can be found here.
Information concerning the GAO generally can be found here.
Friday, April 16, 2010
Sunday, April 11, 2010
IP GENERAL: Federal Circuit to Hold Judicial Conference on May 20 in Washington D.C.
On May 20, 2010, the U.S. Court of Appeals for the Federal Circuit's Advisory Council will present a judicial conference, "The Federal Circuit: A National Court of Appeals: Approaching 30 Years," at the Grand Hyatt Washington in Washington D.C. The day-long conference is scheduled to cover all aspects of the Federal Circuit's jurisdiction and will include panel and individual speaker presentations.
The conference's keynote speaker is Andy Serwer, Managing Editor of FORTUNE Magazine. Chief Justice Roberts will also briefly speak at lunch.
Morning panels will consist of an update on the Federal Circuit Historical Society's new/upcoming publications; fact-finding and decision-making by administrative tribunals that are reviewed by the Federal Circuit, and an en banc panel of Federal Circuit judges moderated by Circuit Judge Alvin A. Schall with an opportunity to submit questions ahead of time to be answered by the panel.
Afternoon sessions will include discussions on the United States Court of Federal Claims and Boards of Contract Appeals, the United States Court of Appeals for Veterans Claims, the United States Merit Systems Protection Board, International Trade, and Patent and Trademark.
Information about the judicial conference can be found here.
Registration information can be found here.
Questions for the En Banc panel may be submitted on the form here.
General information concerning the Federal Circuit c
The conference's keynote speaker is Andy Serwer, Managing Editor of FORTUNE Magazine. Chief Justice Roberts will also briefly speak at lunch.
Morning panels will consist of an update on the Federal Circuit Historical Society's new/upcoming publications; fact-finding and decision-making by administrative tribunals that are reviewed by the Federal Circuit, and an en banc panel of Federal Circuit judges moderated by Circuit Judge Alvin A. Schall with an opportunity to submit questions ahead of time to be answered by the panel.
Afternoon sessions will include discussions on the United States Court of Federal Claims and Boards of Contract Appeals, the United States Court of Appeals for Veterans Claims, the United States Merit Systems Protection Board, International Trade, and Patent and Trademark.
Information about the judicial conference can be found here.
Registration information can be found here.
Questions for the En Banc panel may be submitted on the form here.
General information concerning the Federal Circuit c
Wednesday, February 24, 2010
IP GENERAL: U.S. Chamber of Commerce's Global IP Center Releases 2010 Intellectual Property Agenda
On February 18, the U.S. Chamber of Commerce's Global Intellectual Property Center (GIPC) released its 2010 Intellectual Property Agenda for Congress and the Administration. The GIPC's agenda includes improving enforcement of IP rights at U.S. borders by supporting passage of S. 1631, the "Customs Facilitation and Trade Enforcement Reauthorization Act of 2009"; working with the Department of Justice's new task force to fight online counterfeiting and digital theft; encouraging the Obama Administration to conclude a "substantive and enforceable" Anti-Counterfeiting Trade Agreement (ACTA); and promoting IP compliance by improving the U.S. Trade Representative's "Special 301" process. The 2010 Agenda can be found here.
According to its website, the U.S. Chamber of Commerce represents the interests of more than 3 million businesses of all sizes, sectors and regions, as well as state and local chambers and industry associations, and more than 96% of its members are small businesses with 100 or fewer employees. The Chamber's mission statement is "To advance human progress through an economic, political and social system based on individual freedom, incentive, initiative, opportunity, and responsibility."
The GIPC was created in 2007 as an affiliate of the U.S. Chamber of Commerce. The GIPC's stated
Information about the GIPC's 2010 Intellectual Property Agenda can be found here.
Information about the U.S. Chamber of Commerce and the GIPC can be found here.
According to its website, the U.S. Chamber of Commerce represents the interests of more than 3 million businesses of all sizes, sectors and regions, as well as state and local chambers and industry associations, and more than 96% of its members are small businesses with 100 or fewer employees. The Chamber's mission statement is "To advance human progress through an economic, political and social system based on individual freedom, incentive, initiative, opportunity, and responsibility."
The GIPC was created in 2007 as an affiliate of the U.S. Chamber of Commerce. The GIPC's stated
Information about the GIPC's 2010 Intellectual Property Agenda can be found here.
Information about the U.S. Chamber of Commerce and the GIPC can be found here.
Sunday, February 21, 2010
United States Trade Representative's Public Comment and Request to Testify Period on U.S. IP Protection Ends
February 18, 2010 marked the end of the United States Trade Representative (USTR)'s deadline to submit public comments, hearing statements and requests to testify at the Special 301 Public Hearing on the effectiveness of U.S. trading partner's protection and enforcement of intellectual property rights (IPR). The original deadline, February 12, 2010, was extended to February 18 due to inclement weather. Foreign governments must request to testify at the public hearing by February 23 and submit written comments and hearing statements by February 26. The Special 301 Public Hearing will be held on March 3, 2010 and additional days from March 4 - 8, as necessary at the United States International Trade Commission, 500 E St. SW, Washington, D.C. 20436.
The USTR called for public comment to assist in the preparation of its annual "Special 301" review of the adequacy and effectiveness of U.S. trading partners' protection and enforcement of IPR.
According to the USTR's website, "The Special 301 process pinpoints key challenges for U.S. intellectual property-based businesses from piracy, counterfeiting, and other forms of IPR theft. To help stem these losses, the Obama Administration has made improvements to Special 301 designed to focus on these threats to America's innovation and creativity - two of our greatest strengths in the global economy." "With more robust, public participation in the review, we can better achieve the goal of identifying and addressing the most serious problems with protection and enforcement of IPRs."
The 2010 Special 301 review process will allegedly include more public participation, such as a public hearing for interested persons to testify about the issues relevant to the review, and a new website for the Special 301 review process including links to current and historical information.
The “Special 301” Report is an annual review of the global state of IPR protection and enforcement, conducted by the USTR pursuant to Special 301 provisions of the Trade Act of 1974 (Trade Act). The Special 301 Report process was created in 1989 as a requirement of the Omnibus Trade and Competitiveness Act of 1988. In 2009 the USTR and IPR team reviewed 77 trading partners for the Special 301 Report. The USTR placed 46 trading partners on the "Priority Watch List," the "Watch List," or on "Section 306 monitoring."
More information on the 2010 Special 301 review process can be found here.
The USTR's website can be found here. The USTR's blog can be found here.
The USTR called for public comment to assist in the preparation of its annual "Special 301" review of the adequacy and effectiveness of U.S. trading partners' protection and enforcement of IPR.
According to the USTR's website, "The Special 301 process pinpoints key challenges for U.S. intellectual property-based businesses from piracy, counterfeiting, and other forms of IPR theft. To help stem these losses, the Obama Administration has made improvements to Special 301 designed to focus on these threats to America's innovation and creativity - two of our greatest strengths in the global economy." "With more robust, public participation in the review, we can better achieve the goal of identifying and addressing the most serious problems with protection and enforcement of IPRs."
The 2010 Special 301 review process will allegedly include more public participation, such as a public hearing for interested persons to testify about the issues relevant to the review, and a new website for the Special 301 review process including links to current and historical information.
The “Special 301” Report is an annual review of the global state of IPR protection and enforcement, conducted by the USTR pursuant to Special 301 provisions of the Trade Act of 1974 (Trade Act). The Special 301 Report process was created in 1989 as a requirement of the Omnibus Trade and Competitiveness Act of 1988. In 2009 the USTR and IPR team reviewed 77 trading partners for the Special 301 Report. The USTR placed 46 trading partners on the "Priority Watch List," the "Watch List," or on "Section 306 monitoring."
More information on the 2010 Special 301 review process can be found here.
The USTR's website can be found here. The USTR's blog can be found here.
Wednesday, January 27, 2010
USPTO Holds Roundtable on Board of Patent Appeals and Interferences' Ex Parte Appeals Rules
On January 20, 2010, Sharon Barner, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO), moderated a public roundtable in an effort to obtain comments on the proposed modifications the Board of Patent Appeals and Interferences (BPAI)'s ex parte appeals rules.
According to a press release on the USPTO website, “The BPAI provides critical services for the patent process at the USPTO and for the patent system generally,” noted Deputy Under Secretary Barner. “This roundtable was an important step to gather valuable insight from the public on these proposed modifications and to work together with stakeholders toward a more efficient appeal process and more timely Board decisions.”
The press release goes on to state "[i]t’s USPTO’s goal to reduce the pendency of ex parte patent appeals. The pendency of decided appeals, as measured from the time an applicant files a notice of appeal until the BPAI renders a decision, is now 29.3 months, up from 27.5 months at the end of FY 2009. One way to move toward this goal is to modify the rules of practice in ex parte patent appeals to streamline and improve the overall appeal process.
Objectives of the proposed modifications to the rules are to provide clarity so that appellants know exactly what the rules require, and so that examiners know what they need to do; to streamline the process so that cases move from notice of appeal to decision in a more efficient and timely manner; to allow appellants and examiners an opportunity to fully respond to each other’s positions; and to ensure the appeal process allows for issues to be crystallized so that the Board receives fully-developed issues to be decided."
The agenda, presentation slides, webcast and participant list for the roundtable can be found here.
Information on the proposed rule changes can be found in the Federal Register, here.
According to a press release on the USPTO website, “The BPAI provides critical services for the patent process at the USPTO and for the patent system generally,” noted Deputy Under Secretary Barner. “This roundtable was an important step to gather valuable insight from the public on these proposed modifications and to work together with stakeholders toward a more efficient appeal process and more timely Board decisions.”
The press release goes on to state "[i]t’s USPTO’s goal to reduce the pendency of ex parte patent appeals. The pendency of decided appeals, as measured from the time an applicant files a notice of appeal until the BPAI renders a decision, is now 29.3 months, up from 27.5 months at the end of FY 2009. One way to move toward this goal is to modify the rules of practice in ex parte patent appeals to streamline and improve the overall appeal process.
Objectives of the proposed modifications to the rules are to provide clarity so that appellants know exactly what the rules require, and so that examiners know what they need to do; to streamline the process so that cases move from notice of appeal to decision in a more efficient and timely manner; to allow appellants and examiners an opportunity to fully respond to each other’s positions; and to ensure the appeal process allows for issues to be crystallized so that the Board receives fully-developed issues to be decided."
The agenda, presentation slides, webcast and participant list for the roundtable can be found here.
Information on the proposed rule changes can be found in the Federal Register, here.
Tuesday, January 12, 2010
ICANN's New URDP "Electronic-Only" Filing Rules Go Into Effect March 1
On October 30, 2009 the Internet Corporation for Assigned Names and Numbers (ICANN) approved amending its Uniform Domain Name Dispute Resolution Policy (URDP) rules to require that effective March 1, 2010, URDP complaints and other pleadings be submitted in electronic format only. Historically URDP complaints and responses were required to be submitted to the opposing party and the domain provider in paper or electronic format. Providers will still be required to forward a hard copy notice that a UDRP complaint has been filed.
The new electronic-only rules will apply to complaints filed with providers on or after March 1, 2010. The current rules will apply to complaints filed with providers up to and including February 28, 2010. Providers may adopt the new rules prior to March 1 but parties who do not wish to submit documents in electronic format will have the option of filing documents in paper format until March 1. The ICANN website states that "[p]roviders may allow, but must not require, UDRP complainants and respondents to submit complaints and responses in electronic form prior to 1 March 2010. For all UDRP proceedings filed on or before 28 February 2010, complainants and respondents may elect to submit their documents in hard copy form, as set forth in the original Rules."
Organizations such as the World Intellectual Property Organization (WIPO) have already implemented the new electronic-only rule to be effective March 1. According to the WIPO website, "[t]he modified Rules become mandatory on March 1, 2010, and prior to that, provision is made for the optional filing of UDRP pleadings in electronic-format by email and notification in accordance with the new Written Notice provisions in the modified Rules. The WIPO Center will be inviting such filings and commencing use of the Written Notice provisions as of December 14, 2009. Parties who elect not to make use of this new WIPO facility may continue to file pleadings in hard copy up until February 28, 2010."
Read ICANN's press release regarding the new rules here.
Read WIPO's announcement implementing the rules here.
The new electronic-only rules will apply to complaints filed with providers on or after March 1, 2010. The current rules will apply to complaints filed with providers up to and including February 28, 2010. Providers may adopt the new rules prior to March 1 but parties who do not wish to submit documents in electronic format will have the option of filing documents in paper format until March 1. The ICANN website states that "[p]roviders may allow, but must not require, UDRP complainants and respondents to submit complaints and responses in electronic form prior to 1 March 2010. For all UDRP proceedings filed on or before 28 February 2010, complainants and respondents may elect to submit their documents in hard copy form, as set forth in the original Rules."
Organizations such as the World Intellectual Property Organization (WIPO) have already implemented the new electronic-only rule to be effective March 1. According to the WIPO website, "[t]he modified Rules become mandatory on March 1, 2010, and prior to that, provision is made for the optional filing of UDRP pleadings in electronic-format by email and notification in accordance with the new Written Notice provisions in the modified Rules. The WIPO Center will be inviting such filings and commencing use of the Written Notice provisions as of December 14, 2009. Parties who elect not to make use of this new WIPO facility may continue to file pleadings in hard copy up until February 28, 2010."
Read ICANN's press release regarding the new rules here.
Read WIPO's announcement implementing the rules here.
Monday, January 11, 2010
COPYRIGHT: Viacom's $1 Billion Copyright Lawsuit Against YouTube Moves Toward Summary Judgment Stage
According to cNET News and All Things Digital, Viacom and YouTube recently sought permission from the court to file motions for summary judgment in a $1 billion copyright action brought by Viacom against YouTube. Originally filed in federal court (Southern District of New York) in 2007, Viacom's lawsuit alleges that YouTube, now owned by Google, infringed Viacom's copyrights by allowing YouTube users to display over 63,000 clips from over 3,000 of Viacom's copyrighted television shows.
YouTube is claiming protection under the "safe harbor" provision for online service providers (OSPs) in the Digital Millenneum Copyright Act (DMCA). The "safe harbor" provision gives OSPs a defense from copyright infringement committed by users of the service. Viacom claims that YouTube willfully facilitated copyright infringement and therefore is not protected under the safe harbor provisions of the DMCA.
Read more about the Digital Milleneum Copyright Act in Wikipedia, here.
YouTube is claiming protection under the "safe harbor" provision for online service providers (OSPs) in the Digital Millenneum Copyright Act (DMCA). The "safe harbor" provision gives OSPs a defense from copyright infringement committed by users of the service. Viacom claims that YouTube willfully facilitated copyright infringement and therefore is not protected under the safe harbor provisions of the DMCA.
Read more about the Digital Milleneum Copyright Act in Wikipedia, here.
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