Category Enforcement

Trade Outlook In 2015: The Race Of The Mega-Regionals

For international trade, 2015 will be “a year of work” rather than of finalisation, as Viviane Reding put it. The comment of the former European Commission vice president and Justice Commissioner focussed on the Trade in Services Agreement (TISA), as she is now the European Parliament's rapporteur for TISA. The services agreement is still sailing under the radar compared to its bigger cousins, the US-EU bilateral Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership Agreement (TPP). Yet “a year of work” might well describe the 2015 agenda for the mega-regional trade negotiations too. Will any of them get to the finish line? A race is on in which the United States and European Union seem to anxiously look to China's advance while fighting rising opposition at home.

US Again Target Of Complaints Of Persistent Non-Compliance At WTO DSB

Discussions at the World Trade Organization Dispute Settlement Body meeting yesterday again included the long-running dispute on a rum brand with Cuba accusing the United States of persistent non-compliance, and other WTO members – such as China and the European Union - urging the US to finally repeal its bill. The US measure was ruled inconsistent with the WTO intellectual property rules 13 years ago, and critics warn that the US recalcitrance is harming the dispute settlement system.

US Congress Reconsiders Anti-Patent Troll Law

It happened again on 5 February. The powerful chair of the House Judiciary Committee, Rep. Bob Goodlatte introduced the Innovation Act for a second time. This bill, aimed at hurting patent trolls by making a plethora of changes in US patent law, easily passed the House of Representatives last term. It subsequently bogged down in a Democrat-controlled Senate. However, now that the GOP controls both wings of Congress, many observers predict the bill will have soon become law. Other experts aren’t so sure, noting that the Innovation Act is drawing some powerful opposition – and not just from patent trolls.

The Role Of Social Media In M&A Transactions

Despite the ever-increasing use of social media by businesses, social media assets are often overlooked in merger and acquisition (M&A) transactions. When addressing a company’s assets in a purchase agreement, social media assets tend to be explicitly addressed only very briefly, or not at all. It is important to address such assets explicitly, as they do not always constitute intellectual property rights covered by IP representations and warranties.