Posts tagged with: "301"
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9 Feb 2010, 12:06 am by Michael Geist
The IP Factor reports that Israel has negotiated a reduction in its standing on the USTR's Special 301 list.  [read post]
23 Feb 2010, 6:39 pm by Howard Knopf
Should USA Black List Itself on its own Special 301 "****"List? The renowned Jesse Brown asks this question on his TVO "SEARCH ENGINE"™ current podcast and interviews yours truly here.HK [read post]
18 Feb 2010, 11:41 pm by Michael Geist
The EFF and Public Knowledge have submitted a joint response to the USTR consultation on the Special 301 process.  The organizations warn against sanctioning countries for not implementing ACTA. [read post]
17 Feb 2010, 11:25 pm by Michael Geist
The Free Software Foundation has posted its submission to the USTR Special 301 consultation, warning against anti-circumvention legislation and urging the U.S. government to stop "using such laws as a negotiating stick." [read post]
20 Jul 2010, 1:10 am by Michael Geist
A group of public interest organizations in the U.S. have filed a complaint alleging that the Obama administration's trade policy reduces access to medicines in low and middle income nations, and therefore violates international human rights obligations. [read post]
24 Jun 2010, 9:50 am
As we've reported, the White House released its Joint Strategic Plan for intellectual property enforcement this week, courtesy of its new "IP Czar," Victoria Espinel. Vice President Joe Biden was at the press conference to grab the sound bite crown: Read the comments on this post [read post]
10 May 2011, 12:25 am by Michael Geist
Add New Zealand to the growing list of countries upset over this year's USTR Special 301 list. Opposition politicians and independent academics view the placement as gearing up for the Trans Pacific Partnership negotiations and an attempt to increase drug prices in the country. [read post]
5 May 2011, 1:20 am by Michael Geist
Israel has reacted angrily to its inclusion on the U.S. Special 301 Watch List. One report quotes a government official as saying the inclusion is "designed to force the country to make concessions beyond those agreed between Jerusalem and Washington" adding the "United States was violating bilateral agreements by putting Israel back on the watchlist." Meanwhile, Israeli IP lawyer Michael Factor says "I see this as simply an example of US protectionist bullying." [read post]
27 Jul 2010, 11:40 pm by Michael Geist
An Industry Canada spokesperson on the validity of the USTR Special 301 list: "Canada does not recognize the validity of the Special 301 process, which relies on industry allegations rather than empirical evidence and analysis." Note that the article says I said that Canada did not need to pass anti-circumvention laws in order to comply with the WIPO Internet treaties.  As anyone who had read my stuff knows, that is not my position.  There is no doubt that anti-circumvention rules… [read post]
24 Aug 2011, 11:33 am by Editor
iStock_000000556844_L2.jpg In plaintiff borrower's Truth In Lending Act case against defendant lenders, trial court erroneously instructed jury that the burden was on the plaintiff to rebut the presumption of receipt of notice, improperly shifting the burden allocated under FRE 301 (which requires the burden of production be on the party against whom it is directed and does not shift the burden of persuasion); as matter of "good practice"… [read post]
16 Aug 2010, 12:21 pm by Biersdorf & Associates
We recently spoke to an engineer at the Delaware Department of Transportation (DelDOT) who said that early property acquisitions have commenced.  These properties include total acquisitions and homeowners willing to sell.   The remaining properties will be acquired at a date yet to be determined. Construction is scheduled to begin in 2012 and continue thru 2015. Read more information on the Delaware eminent domain process or read more about the US 301 Project. [read post]
23 Feb 2010, 1:31 am by Editor
2551042476_802311ab35.jpg While union sought to obtain presumption under “mailbox rule” that a properly stamped, addressed and mailed letter was received, on the facts of the case the presumption was rebutted and did not apply, in Laborers’ International Union Of North America, Local 578 v. NLRB, _ F.3d _ (10th Cir. Feb. 2, 2010) (Nos. 08-9564, 08-9569) FRE 301 recognizes the operation of presumptions in civil cases where a statute… [read post]
5 Jan 2014, 9:00 pm by Jason Dickstein
Are you concerned about how a foreign nation is treating your intellectual property? Are your trade secrets being stolen? Patents being infringed? Copyrights violated? Trademarks being used in a confusing or deceitful manner? If you feel that a foreign government has failed to enforce their intellectual property protection laws, or if you think that their laws are inadequate, then now is time to stand up and let the US government know your concerns. Continue reading » [read post]
28 Feb 2014, 5:43 am by John McDermid
Over the past few months, a groundswell of voices in the U.S. business community and U.S. Government has arisen to express frustration with India’s IPR policies. In May, USTR’s annual Special 301 Report highlighted India for the 24th consecutive year, citing growing challenges to IPR protection which raise “serious questions regarding the future condition of the innovation climate in India across multiple sectors and disciplines.” In June, the Alliance for Fair Trade with… [read post]
12 Jan 2012, 8:28 am by IP Dragon
TGIFPeter Ollier wrote an article about how Disney and Sanrio are licensing some of their brands in China.Licensable "cuteness" popular among Hong Kong populationLanham Place, Mong KokPhoto: Danny FriedmannRoberto Lanzi, president of Sanrio Consumer Products for Europe, Middle East and Africa, was speaking at a panel called "Licensing and the flourishing region: Asia", at a conference during the 10th annual Hong Kong International Licensing Show. Mr Lanzi said that he was the only speaker on the… [read post]
3 May 2007, 10:36 am
On Monday, the Office of the US Trade Representative issued its Special 301 Report - its annual ‘top of the pop' IP offenders.On the Priority Watch List are:1. Argentina,2. Chile,3. China,4. Egypt,5. India,6. Israel,7. Lebanon,8. Russia,9. Thailand,10. Turkey,11. Ukraine, and12. VenezuelaEuropeans can breathe a sight of relief, the EU has been removed from the Watch List altogether thanks for its revision of the rules on geographical indications, though a… [read post]
16 May 2010, 7:39 pm by IP Dragon
The previous part can be seen here: Part I.Yes, Special 301 is special, but what is rather normal?Like each sovereign state, the US tries to use its power to encourage/pressure other countries to protect its interests as long as it honours its obligations and commitments. Or as the report states: "(..) USTR works to protect American inventiveness and creativity with all the tools of trade policy, including this Report." And since Special 301 is not incompatible with WTO, I don't see anything wrong… [read post]
1 Oct 2010, 6:00 am by Keith Paul Bishop
California has a strong historical bias in favor of cumulative voting in the election of directors.  In fact, California’s 1879 Constitution enshrined cumulative voting as a constitutional right.  Cal. Const. of 1879, Art. XII, § 12 (repealed).  The 1931 California General Corporation Law continued mandatory cumulative voting.  When the current California General Corporation Law was introduced, it allowed corporations to opt out of cumulative voting.  However, the law as finally enacted… [read post]
16 Apr 2010, 10:06 am by Howard Knopf
Here is a recent breathtaking ruling by Hughes, J. of the Federal Court of Canada setting aside a "rolling Anton Piller" order that allowed for civil search and seizure before judgment against several "small shopkeepers." It is an excellent review of the dangers of this ultra-powerful enforcement weapon when used improperly and on the basis of "careless, inadequate or misleading" evidence. This ruling must be read with great care by any IP enforcement counsel contemplating use of an Anton Piller… [read post]