Jump to full article: Intellectual Property Watch (ch), 2010-03-05
Author: Catherine Saez and Kaitlin Mara @ 5:11 pm
Intro: Submissions to the United States annual review of how well it says the rest of the world is protecting US intellectual property are being assessed this week, with marked changes from previous years.
In a process typically dominated by industry groups and the occasional stakeholding nonprofit, 2010 submissions not only included far more public interest groups but also a significant number of submissions from private citizens - primarily commenting on the tangentially-related Anti-Counterfeiting Trade Agreement. . . .
Every year the Office of the US Trade Representative (USTR) identifies countries it says are failing to provide effective protection of US IP rights or denying fair and equitable market access to US persons relying on IP protection. This is under a provision of Section 182 of the Trade Act of 1974 (Trade Act), commonly referred to as “Special 301.”
USTR has a “watch list” and a “priority watch list” . . .
Philip Morris said the increasing number of countries proposing to adopt plain packaging for cigarettes, or having heath warnings covering more than 50 percent of cigarette packaging is worrisome, as it might infringe trademark rights, and encourage “illicit trade in tobacco products.” The cigarette maker called for their IP rights to be protected and enforced in a number of countries, arguing that “these initiatives, which are not based on any solid scientific evidence that they contribute to legitimate public health objectives, would effectively constitute an expropriation of some of the world’s most valuable trademarks without the payment of adequate compensation to manufacturers.” . . .
USTR’s final report is due in April.
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