Category North America

US Defends Investor-State Provisions; EU Promotes TTIP Consultation

Investor-state provisions in trade and investment agreements, which allow private companies to sue governments for policies taken that undermine the companies' investment expectations, have come under recent scrutiny for their potential to undermine the public interest. Today, the United States Trade Representative published a blog post defending these provisions, while the European Union opened a public consultation on the provisions in the Transatlantic Trade and Investment Partnership (TTIP) with the US.

US Corporate IP Counsel Hear Latest Updates On Patent System

NEW YORK - “This is a very, very exciting time be in patent law,” Drew Hirshfeld, deputy commissioner for patent examination policy at the US Patent and Trademark Office, told a group of intellectual property lawyers last week.

In his keynote address to the 19-20 March Corporate IP Counsel meeting in Manhattan, Hirshfeld and a range of private sector speakers laid out a picture of a highly dynamic field, with legal and business opportunities and challenges changing every day.

UN Praises US Pullback Of Internet Control

The United Nations Secretary General and head of the UN International Telecommunication Union earlier this week applauded an announcement by the United States government that it plans to relinquish its remaining control over the internet domain name system.

How To Safeguard Trade Secrets: Think ROI

Amid intensifying competition in the global economy, companies rely more heavily than ever on the advantages of trade secrets. This critical proprietary information includes, for example, market research, product plans, unique formulas and manufacturing methods, computer code and customer data - knowledge that companies build through years of hard work, experience and investment, writes Pamela Passman.

US Claims Final Separation From Privileged Internet Oversight

The Obama administration has announced a decision to make a last step towards completing privatisation of internet core infrastructure oversight, namely the central root zone of the domain name system. But it is not clear what this will mean for international efforts to increase intergovernmental control over the internet.

TTIP Still In ‘Exploratory’ Phase On GIs; Data Flows Tied To Privacy Regimes

Press conferences, stakeholder meetings and presentations as well as picture-tweets about consultations have become a habit of the negotiators of the Transatlantic Trade and Investment Partnership (TTIP). Still, after this week's round of negotiations, answers to tougher questions like what are the chances of reconciling regimes on the protection of geographic indications or data flows and data privacy seem far from clear.

US Congress Committee Issues Report On “Highly Invasive” FDA Surveillance Of Employees

The United States House of Representatives Committee on Oversight and Government Reform today released a report detailing the US Food and Drug Administration's "highly-invasive" surveillance programme that monitored employees who contacted Congress and the media, according to a press release from the committee leaders. Surveillance was unauthorised and whistleblowers were not given sufficient protection, the report found.

Novel Legal Attack On Patent Trolls Falters In US

It began last May, when a tiny state in the United States launched a novel legal attack against a notorious patent troll. Other states and the federal government soon followed, all asserting that the troll’s efforts to licence its patents violated consumer protection laws. At first, this new legal strategy produced some significant victories. Many experts and government officials embraced consumer protection law as an important new tool against patent trolls. But a recent court ruling has cast doubt on the future of this once-promising strategy.