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Intellectual Property News
Report Notes Continued Progress on Intellectual Property Rights
WASHINGTON – The Office of the U.S. Trade Representative today released its "Special 301" annual report on the adequacy and effectiveness of intellectual property rights (IPR) protection provided by trading partners around the world. The report identifies governments who need to take stronger actions to combat piracy and counterfeiting, for example, by cracking down on illegal optical disc production and Internet piracy, or stepping up border enforcement against trade in fake goods. Concerns regarding China and Russia feature prominently throughout the report.
"As one of the world’s leading innovators, the United States places significant emphasis on intellectual property protection and enforcement," said U.S. Trade Representative Rob Portman. "Safeguarding our creations and innovations is a key element of our trade competitiveness, but it is also in the interest of our trading partners to strengthen their IPR regimes."
"This report acknowledges the positive steps that several of our trading partners have taken to strengthen IPR protection over the past year," continued Portman. "However, more needs to be done. Our review reveals a continuing need for improvements, particularly with the implementation of effective protection and enforcement against piracy and counterfeiting." Read more at ustr.gov
Billions of dollars are spent annually in bogus products.
They are estimated to account for up to 7percent of world trade and costs IP right holders around the world .
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Definition:
Derivative work is based on modified preexisting works to which the copyright owner has the exclusive rights to. The piece of work resulting from derivative work, considered as a whole may be separately copyrightable.
License
Definition:
This is a contractual agreement from a copyright owner or the owner's authorized agent, such as a third party vendor, allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5).
Novelty and prior art
Definition:
A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research.
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