USA

The USA, China and the WTO dispute

The dispute resolution panel’s decision in the USA’s complaint against China’s rules on enforcement, “Measures affecting the protection and enforcement of intellectual property rights” (DS362) (background here) has been published.

There’s a range of commentary around the web.  The  IPKat reproduces the conclusions and, applying sophistaKatted Euro reading between the lines, scores it at 3-all.

Intellectual Property Watch’s summary here.  According to the USTR, the US won.

Not sure what has happened to the “market access” dispute?

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Patent destruction policy

In Australia (since the famous McCabe v BAT case (overturned on appeal), of course, we know them as “document retention” policies.

In the US, a Federal District Court judge has ruled that Rambus cannot enforce a patent relating to DRAM technology as a result of its policy, implemented in 1998, of destroying documents where the court held Rambus should have known litigation was likely.

A different judge, in the District of Northern California, apparently took the opposite view.

An appeal has been foreshadowed.

Read further here.

Lid dip: Peter Clarke.

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Patent case management

Patent case management Read More »

Madrid system and ‘foreign’ trade marks in the USA

So, you’re not a USA-based trade mark owner and you’ve got your “trademark” registered in the US through the Madrid system.  That means you don’t have to worry about all those annoying requirements actually to use the trade mark there, doesn’t it?

Well, no.

Saunders & Silverstein  lay out all the pitfalls that you are going to have to hurdle here.

Lid dip to the Kat with the plummy accent.

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