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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:
The title remains with the licensor. A patent license is a transfer of rights that does not amount to an assignment of the patent.
Certification mark
Definition:
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
Copyright owner
Definition:
The copyright owner is not necessarily the author or creator of the work. While in most cases, the creator/author is automatically the one with all exclusive rights to his/her work, the author can give up all rights and transfer the piece to another perso
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