
Ronald S. Bienstock
Partner
201-896-7169 rbienstock@sh-law.comFirm Insights
Author: Ronald S. Bienstock
Date: May 23, 2016
Partner
201-896-7169 rbienstock@sh-law.comWhen it comes to safeguarding intellectual property, some countries do it better than others. In its annual report, the U.S. Trade Representative (USTR) recently flagged several U.S. trading partners that are failing to adequately protect or even acknowledge IP rights of owners.
According to the report, intellectual property right (IPR) protection, enforcement, and market access for persons relying on IPR is declining in several countries. The “Priority Watch List” includes Algeria, Argentina, Chile, China, India, Indonesia, Kuwait, Russia. Thailand, Ukraine, and Venezuela.
In total, the U.S. Trade Office reviewed 72 trading partners in its 2016 Special 301 Report. The lower-level watch list includes 23 countries: Barbados, Bolivia, Brazil, Bulgaria, Canada, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Greece, Guatemala, Jamaica, Lebanon, Mexico, Pakistan, Peru, Romania, Switzerland, Turkey, Turkmenistan, Uzbekistan and Vietnam.
China and India are frequently on the USTR’s watch list, with China earning a spot in each of the 27 years the report has been issued. While the Section 301 Report notes that China has implemented a series of IP reforms, it also states:
[P]rogress toward effective protection and enforcement of IPR in China is undermined by unchecked trade secret theft, market access obstacles to ICT [information and communications technology] products raised in the name of security, measures favoring domestically owned intellectual property in the name of promoting innovation in China, rampant piracy and counterfeiting in China’s massive online and physical markets, extensive use of unlicensed software, and the supply of counterfeit goods to foreign markets.
The Section 301 Report also acknowledges that India has worked to strengthen its IP laws. However, it also raised a number of new concerns, including India’s proposed Patent Rule Amendments. According to the USTR, the proposed patent law changes would “introduce concerning new incentives to pressure patent applicants to localize manufacturing in India and require the submission of sensitive business information to India’s Patent Office.”
The Section 301 Report also highlights several other issues of particular concern to the U.S. pharmaceutical industry. They include:
Finally, the most surprising addition to the IP watch list is Switzerland. According to the report, the country earned a spot of the list due to U.S. concerns regarding Switzerland’s system of online copyright protection and enforcement.
…businesses and owners of creative works must take a number of factors into consideration prior to entering a new market, including intellectual property protection.
As mentioned in the report, a 2010 ruling by the Swiss Federal Supreme Court prohibited an anti-piracy company from tracking copyright trolls and effectively deprived copyright holders in Switzerland of the means to enforce their rights against online infringers. Since the decision, Switzerland has become an increasingly popular host country for infringing websites.
As the report highlights, New Jersey businesses and owners of creative works must take a number of factors into consideration prior to entering a new market, including intellectual property protection. While the global economy provides a number of new opportunities for small businesses, future success can be impacted by the ability to secure international protection of their patents, trademarks, copyrights, and trade secrets.
Do you have questions about this topic or would like to discuss your intellectual property or entertainment needs? Please contact me, Ron Bienstock.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!