Intellectual Property Policy and Leadership Performance
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As U.S. Ambassador to Italy Melvin Sembler looks
on, Under Secretary Rogan signs a joint declaration committing Italy
and the U.S. to jointly pursue a compatible electronic filing system
for trademarks. |
In addition to the examination and issuance
of patents and trademarks, USPTO works to promote protection of the intellectual
property of American innovators and creators on both the domestic and
international levels. As the largest IP office in the world, the USPTO
is leading efforts to develop and strengthen domestic and international
IP protection.
Under the AIPA of 1999 (Public Law 106-113), the USPTO is directed to
advise the President, through the Secretary of Commerce, and all Federal
agencies, on national and international IP policy issues including IP
protection in other countries. USPTO is also authorized by the AIPA to
provide guidance, conduct programs and studies, and otherwise interact
with foreign IP offices and international intergovernmental organizations
on matters involving the protection of IP.
The growing importance of IP rights and the globalization of economic
activity has led to new cooperative initiatives between the USPTO, international
bodies, and other IP offices, including the EPO, the JPO, the European
Unions Office for Harmonization in the Internal Market (OHIM) for
trademarks and designs, the World Intellectual Property Organization (WIPO),
and the World Trade Organization (WTO). International negotiations, consultations,
and information-sharing efforts led by USPTO leaders and international
specialists are geared to providing simpler, more cost-effective means
of protecting the IP rights of U.S. nationals throughout the world.
In FY 2003, IP activities included:
IP Treaties/Agreements
- Madrid Protocol: The U.S. deposited its
instrument of ratification on August 2, 2003, and the USPTO began receiving
applications under the Madrid Protocol on November 2, 2003. The Madrid
Protocol is a treaty that facilitates the protection of U.S. trademark
rights throughout the world. U.S. trademark owners are now able to file
a single on-line application with the USPTO in English, pay the fees
in U.S. dollars, and potentially obtain protection for their marks in
any or all of the 61 member countries that are members of the Madrid
Protocol.
- Patent Cooperation Treaty Reform: The USPTO
continued to participate in WIPOs Committee on Reform of the Patent
Cooperation Treaty (PCT) in an effort to achieve a more simple, cost-effective
system. Major treaty reforms, based on a U.S. initiative, will go into
effect on January 1, 2004. The Meeting of the International Authorities
(MIA) mechanism was reconvened in FY 2003 to revise and refine the PCT
search and examination guidelines to reflect changes to the PCT Regulations
adopted by the Assembly in September 2002. The USPTO took the lead in
revising the now-completed PCT search and examination guidelines. These
guidelines are expected to facilitate the recognition of work among
the PCT authorities and national offices.
- Standing Committee on Law of Patents: The
USPTO participated in WIPOs Standing Committee of the Law of Patents
in an effort to agree to a harmonized set of substantive patent laws.
If successful, a final substantive patent law treaty would help control
workloads and enable applicants to use a single application to obtain
patent protection in a number of different countries.
- WIPO Internet Treaties: Under the Digital
Millennium Copyright Act (DMCA), the USPTO is required to prepare an
annual report to Congress on the international status of ratification,
implementation, and enforcement of the WIPO Copyright Treaty (WCT) and
the WIPO Performances and Phonograms Treaty (WPPT). These treaties,
commonly known as the WIPO Internet Treaties, are designed to ensure
international protection of copyrighted works, performances, and sound
recordings in the digital environment. Over the last five years, USPTO
has worked to ensure the ratification and full implementation of the
Treaties, which entered into force in FY 2002. In its final report to
Congress regarding the treaties, USPTO reported that 42 States had acceded
to or ratified the WCT and the WPPT, respectively. Currently 41 countries
are members of each Treaty, helping to create a seamless web of protection
for copyright works on-line.
- Standing Committee on the Law of Trademarks, Industrial
Designs, and Geographical Indications: The USPTO succeeded
in promoting Trademark Law Treaty (TLT) reform as the primary focus
of work by the Standing Committee. The TLT presently requires Members
to accept certain trademark filings on paper. Reform of the TLT would
give the USPTO flexibility to convert to complete electronic processing
for trademarks. The USPTO also continued its educational work aimed
at raising awareness of the need for fair treatment of trademarks and
geographical indications. Geographical indications are signs or names
used to indicate the regional origin of particular goods or services
(e.g., IDAHO for potatoes).
- Standing Committee on Copyright and Related Rights (SCCRR):
The USPTO continued to participate in the work of the
SCCRR to develop its proposal on treaty language for a new WIPO treaty
for the Protection of the Rights of Broadcasting, Cablecasting, and
Webcasting Organizations. The SCCRR also monitored national developments
in the legal protection of databases and reported on related developments
in U.S. legislation.
- Free Trade Agreements: The USPTO advised
the Office of the USTR on IP issues in successful negotiations with
Singapore and Chile on FTAs. USPTO also began advising USTR on FTAs
with Australia, Morocco, and five Central American countries (Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua). The USPTO also
continued advising USTR on the multi-year negotiations on the Free Trade
Area of the Americas (FTAA). In these negotiations, USPTO worked with
USTR and delegations from each country to assure that standards are
created that build on the foundation established in the Trade Related
Aspects of Intellectual Property (TRIPS) Agreement and other international
agreements to protect IP.
- WTO/TRIPS: The USPTO actively participated
in U.S. delegations to the Council for TRIPS of the WTO over the past
year. The TRIPS Council continued to review the IP regimes of numerous
countries and continued its discussions relating to compulsory licensing
of patents in the pharmaceutical sector, technology transfer, the protection
of geographical indications, and other issues. With the continuation
of the ongoing round of multilateral trade negotiations in the WTO that
was launched at Doha, Qatar, in November 2001, the USPTO has remained
actively involved in WTO IP property issues.
- International Science and Technology Agreements: The
USPTO continued working closely with the U.S. Department of State in
the negotiation of cooperative Science and Technology (S&T) agreements
with other countries, including provisions of the IP annex to S&T
agreements that ensures equitable allocation of rights to IP created
in the course of cooperative research.
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Over 30 Chinese judges visited the USPTO to learn
more about civil and criminal intellectual property enforcement. |
Enforcement
- Technical Assistance & Training: The
USPTO was engaged on a number of fronts to strengthen IP administration
and enforcement abroad. For example, in July 2003, the USPTO hosted
the USPTO/WIPO Asia and Pacific Program for the Judiciary on Intellectual
Property Rights (IPR) Enforcement in Washington, D.C., for members
of the appellate and supreme court judiciary from Asia and the Pacific
region on IPR protection and enforcement. In August 2003, the USPTO
organized a program with the Jordan IP Association, the International
Intellectual Property Institute, the Court of Appeals for the Federal
Circuit, and George Washington University Law School in Amman, Jordan,
to celebrate IP Week. More than 300 lawyers, government officials, and
other interested Jordanians attended this four-day program. The USPTO
also hosted several delegations of prosecutors, judges, and lawyers
from China, and worked with Commerce and other officials to provide
outreach to U.S. businesses handling challenged IPR issues overseas,
including a pilot project to provide assistance to small and medium-sized
businesses throughout the U.S. encountering IPR problems in China.
- Bilateral and Plurilateral Negotiations: The
USPTO advised many U.S. Government agencies on issues involving IPR
protection and enforcement involving countries, regions, and international
organizations throughout the world. For the second year, a USPTO official
served on temporary assignment to the U.S. Embassy in Beijing to assist
the embassy and U.S. rights holders on IPR issues in the Peoples
Republic of China. USPTO officials have also supported negotiations
undertaken by Commerce, USTR, and other officials on IP matters in various
countries. By working closely with USTR, the U.S. Department of Justice,
and Commerces International Trade Administration, USPTO officials
have also worked to provide for proportionate, deterrent penalties for
commercial scale counterfeiting and piracy in East Asia, South Asia,
and other regions.
- Special 301: The USPTO advised USTR in
the administration of the Special 301 provisions in U.S. trade law,
which requires USTR to identify those countries that do not provide
adequate and effective protection for IPR or lack of market access for
products relying on IP protection. The USPTO provided analyses of IP
laws of numerous countries, and participated in several bilateral consultations
and negotiations conducted by USTR under Special 301 and in the context
of the U.S. trade agenda.
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Under Secretary Rogan poses with Jorge Amigo, Director General
of the Mexican Intellectual Property Office and other Mexican officials
after discussing cooperation efforts between the two offices. |
Trilateral
- Patent Trilateral Offices: The USPTO prepared
for the 21st Annual Trilateral Conference to be held in Tokyo, Japan,
in November 2003. The meeting focused on issues that will assist in
carrying out the USPTOs 21st Century Strategic Plan.
The main focal points were supporting the objectives of workload sharing,
harmonization of practices, and collaborating on automation developments
in electronic filing and electronic file wrapper systems.
- Trademark Trilateral Cooperation Meeting: At
the May 2003 meeting, the USPTO, together with the JPO and OHIM, agreed
to a trademark identification project that will produce a list of identifications
of goods and services acceptable to all three Offices for users of any
of the three systems.
Geographical Indications
Worldwide Symposium on Geographical Indications:
In July 2003, the USPTO and WIPO organized and hosted a three-day Worldwide
Symposium on Geographical Indications. The Symposium was held in
anticipation of the WTOs 5th Ministerial Conference in Cancun, Mexico,
and provided a forum for the exchange of information and views on geographical
indications at the national, regional, and international levels and on
future trends in that area. Presentations were made by experts in the
field of protection of geographical indications representing international
organizations, non-governmental organizations, producers, and administrators
from WIPO Member States from around the world.
Digital Rights Management
Technology Education and Copyright Harmonization Act Report:
On May 14, 2003, USPTO released its report to Congress on technology designed
to protect digitized copyrighted works from infringement, as required
under the Technology Education and Copyright Harmonization Act of 2002,
which was signed into law in November 2002. The study identified over
100 commercial firms that have developed, are proposing to develop, or
are currently offering such technological protection systems. The report
also contains information on selected products that are currently available
in the marketplace, along with industry-led initiatives, including standard-setting
activities, to develop new products.
Miscellaneous
WIPO Intergovernmental Committee: The USPTO headed the U.S. delegation
to the WIPO Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge, and Folklore. The focus of U.S. efforts
is to encourage developing countries to meet stated concerns about protecting
genetic resources, traditional knowledge, and folklore either through
current IP regimes or through non-IP laws, and to strongly discourage
the creation of new legal regimes.
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