Category North America

US Agency Stripped Of Power To Regulate Internet

America’s International Trade Commission is a tempting venue for US intellectual property owners. The agency acts quickly, has a history of supporting IP owners, and offers a powerful means to stop infringing products from entering the US. So when the ITC expanded its jurisdiction last year, claiming the power to stop online infringements, many IP owners cheered. And many internet companies fretted. Until last month, when the Federal Circuit had its say.

US Congressional Study Finds Excessive Profit-Seeking In USD84K Hepatitis Drug Sovaldi

Two bipartisan United States senators today released the results of an 18-month investigation into the US$84,000 price of the Sovaldi hepatitis C drug, finding the pricing and marketing strategy was aimed at maximizing revenue at the expense of access and affordability. The new report also shows the high impact on US government drug procurement programs and other data.

Flexibility In The TPP Statutory Damages Provision

Jonathan Band writes: During the negotiation of the Trans-Pacific Partnership Agreement, many concerns were voiced about how TPP would mandate adoption of US-style statutory damages. Under the US Copyright Act, a court can award damages of up to $30,000 per work infringed, which can be ratcheted up to $150,000 per work infringed in cases of willful infringement. Scholars have found that statutory damages in the US have discouraged investment in innovative technologies while incentivizing the emergence of copyright trolls. So how bad is the statutory damages provision in the final TPP agreement?

US, China Talk Standards & IP, Trade Secrets, GIs, Broadcasting, Enforcement

The 26th United States-China Joint Commission on Commerce and Trade (JCCT) meeting was held from 21-23 November, and covered a wide range of intellectual property-related areas, including standards and IP, trade secrets, geographical indications, sports broadcasting, enhanced enforcement against media boxes and unauthorised content providers, and online enforcement.

Is The Internet Of Things (IoT) Really New Or Simply Recycled?

There is a lot of hype around the Internet of Things (IoT) yet many, if not most, are confused by what IoT really is and what it means for their IP and their business. In fact, some people claim that the IoT is simply a matter of applying existing technology to new applications. Many companies new to the IoT market may have strong and expansive portfolio positions for assertion. This makes it difficult at best to discern whether or not IoT inventions are really new or just recycled technology. If you are a new player in the IoT market, you most likely will be filing patent applications for new innovations; however, since IoT is being built on established technology, you need to be aware that there are hundreds of technology companies that may already own the seminal foundation patents.

TPP Text Is Out, Finally, With Lots Of Bilateral Specialities

Four weeks after the finalisation of the agreement, the final text of the Trans-Pacific Partnership (TPP) was finally released by the United States and other partners of the first of the regional mega-trade deals. The parties hurried to underline the success of the negotiations, but early reactions were deeply divided.

India, US Take Stock Of Work On IP; To Boost Copyright, Trade Secrets

The trade ministers of the United States and India yesterday reviewed work from the past year on a full range of intellectual property issues and made new commitments, as part of their larger bilateral trade policy forum. Among the issues was a commitment to work for access to medicines, increase work on trade secrets, and deepen copyright cooperation in acknowledgement of the two biggest entertainment industries in the world.

Court Orders USTR To Justify Industry Advisor Confidentiality In TPP

The Office of the United States Trade Representative (USTR) next week is expected to provide justification for withholding from a Freedom of Information Act request the communications with its industry advisors as confidential commercial or financial information. The case involves communications in the lead-up to completion of the Trans-Pacific Partnership (TPP) agreement, and could set a precedent for exemptions of communications with lobbyists.