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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
The benefits of federal trademark registration are many
Benefits of federal trademark registration : 1. Constructive notice nationwide of the trademark owner's claim. 2. Evidence of ownership of the trademark. 3. Jurisdiction of federal courts may be invoked. 4. Registration can be used as a basis for obtaining registration in foreign countries. 5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
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Definition:
This is a statutory exception that allows the use of a copyrighted work for certain purposes without requiring permission. (See 17 USC § 1075).
Trade Dress
Definition:
The totality of elements in which a product or service is packaged or presented, such as the shape and appearance of a product or container, or the cover of a book or magazine.
Derivative Work
Definition:
Refers to a work that is based on, or modifies, one or more preexisting works. A copyright owner has the exclusive right to prepare or authorize the preparation of a derivative work based on the copyrighted work. If a derivative work, considered as a whole, represents an original work of authorship, it may be separately copyrightable.
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