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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
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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Definition:
Refers to the exclusive rights granted to an author or owner of a copyrightable work. (See FAQ Section 2.1 and 17 USC § 106.2)
Clearance
Definition:
Clearance is the permission from the author or owner of the copyrighted piece to another person, allowing them to exercise one or more of the exclusive rights, usually without a fee or charge.
Trade Secret
Definition:
Definition of trade secret." A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.
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