Category North America

On IP Protection, USTR Finds Fault With China, India … And Switzerland?

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

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!]

Digital Rights Groups: DMCA Reform Should Target Takedown Abuse, Errors

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

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

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.

Despite Supreme Court Ruling, Foreign Sales Don’t Affect US Patent Rights

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.

Leading US TV Operators In IP Clash With Russian TV Channels

Leading Russian television channels, among which are First Channel, STS, Ren TV, TNT the Comedy, Nostalgia and some others, have filed a class action lawsuit related to intellectual property rights in a New York court against their US repeaters, including Infomir, Panorama TV, Goodzone TV.

Geographical Indications In The TTIP: Faites Vos Jeux

Ever heard of Törkölypálinka? It is a Hungarian grape marc spirit and one of approximately 200 geographical origins listed by the European Commission negotiators of the Transatlantic Trade and Investment Partnership (TTIP). In their newly published proposals, the EU negotiators laid out their ideas on GI protection in the deal, and point to an earlier EU-US agreement with regard to GI protection of wines and spirits. But they also acknowledge the need for considerable bridging between the two systems. GI protection is expected to be one of the highly controversial issues in the “end game” of TTIP.