Category Enforcement

European Commission Floats Proposal To Stop Theft Of Trade Secrets

The rise of cybercrime and industrial espionage, including alleged economic spying by the US National Security Agency, calls for a pan-European system to protect trade secrets, the European Commission said on 27 November. A recent survey showed that one in five European companies has suffered at least one attempt to steal its trade secrets in the past 10 years, the EC said, and the numbers are rising. It proposed legislation to safeguard undisclosed know-how and business information against unlawful theft and abuse. Industry generally hailed the proposal, though one law firm said it lacks some enforcement teeth.

EU Commissioner Defends Investor-State Provisions; NGOs Propose “Alternative Trade Mandate”

European Union Trade Commissioner Karel de Gucht today (27 November) defended the inclusion of an investor-state dispute settlement provision in the Transatlantic Trade and Investment Partnership (TTIP). De Gucht argued the out-of-court settlements allowing private sector to sue governments were necessary because the TTIP would not per se give EU companies a standing in US courts.

US Supreme Court Questions America’s Power To Carry Out Treaties

On 5 November, the United States Supreme Court heard oral arguments in a case that could undermine America’s ability to carry out its treaty obligations. The case casts a shadow over the country’s power to implement a wide variety of international agreements, including trade and intellectual property agreements.

Global Patent Harmonisation Proceeding Outside WIPO – And Gently Within

For years, the developed countries that own the vast majority of the world’s patents - and therefore pay the majority of the revenues of the World Intellectual Property Organization – have looked unsuccessfully for a way to increase harmonisation of the global patent system through the UN agency. Developed countries have moved forward on their own, while WIPO is taking a gentle approach, encouraging member states “look below the headline issue” to a more “granular” level.

A Question Of Balance In IP Rights In South Africa

DURBAN, SOUTH AFRICA - There are human rights issues with intellectual property, Mmboneni Muofhe, deputy director-general for international cooperation and resources at the South African Department of Science and Technology, said at an industry-driven conference here this week.

USTR Froman Pitches Benefits Of TPP For Japan-US Business

A day after the stunning release of a recent draft of the intellectual property chapter of the highly secret Trans-Pacific Partnership trade agreement, United States Trade Representative Michael Froman promoted the potential benefits of the trade deal for companies doing business in Japan - including for IP rights protection.

Capture, Sunlight, And The TPP Leak

Margot Kaminski writes in Concurring Opinions: Yesterday, Wikileaks leaked the draft IP chapter of the Trans-Pacific Partnership Agreement (TPP). The US Trade Representative has shown the draft text to its closed advisory committees, but not to anybody else. Content industries and pharmaceutical industries sit on the IP advisory committee. Internet industries, smaller innovators, generics companies, and public interest groups do not. This is no accident. When Congress established the trade negotiating system, it exempted the Trade Representative from requirements of an open government law that was enacted to prevent agency capture.