Intellectual Property Owners Association

Serving the Global Intellectual Property Community

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2010 Board Resolutions

Adopted September 12, 2010

[Senate Copyright Housekeeping Bill] — RESOLVED, IPO supports, in principle, S. 3689, the “Copyright Cleanup, Clarification, and Corrections Act of 2010.”

[Trade Secrets Legislation] — RESOLVED, IPO is concerned about the potential adverse impact that new legislation and regulation may have on trade secrets and other intellectual property rights.  IPO supports legislation and regulation consistent with the following principles:

  1. Trade secrets and other intellectual property rights are important property rights that should be protected.  Protecting trade secrets encourages business development and development that ultimately results in higher quality products and new technologies that benefit the public welfare;
  2. Congress has consistently protected trade secrets and other intellectual property rights in the past, and new legislation or regulation which respects these same rights is consistent with historical public policy goals and prior legislation and regulation;
  3. Any legislative provisions voiding or restricting either secrecy agreements or agreements limiting the dissemination of information should be crafted narrowly;
  4. Legislation and regulation should protect the public welfare but be narrowly tailored to prevent unnecessary public disclosure of trade secrets or confidential information; and
  5. A determination that the public welfare necessitates the disclosure of trade secrets or confidential information should be subject to an adequate review process.

[Genetically Engineered Technology Farmer Protection Act] — RESOLVED, IPO opposes H.R. 5579 (111th Congress), and opposes, in general, legislation that would limit the rights of biotechnology companies to contract with purchasers of genetically engineered technology, prohibit the manufacture and sale of legal, patented products and require biotechnology companies to report products, sales and royalties to the Secretary of Agriculture.

Adopted June 11, 2010

[Amendment to New Zealand Patents Act 1953 Excluding “Computer Programs” from Patentability] — RESOLVED, while IPO generally supports the effort to improve and modernize the New Zealand Patents Act 1953, IPO opposes the broad and unqualified exclusion from patentability of computer programs as proposed in the Patents Bill now pending before the New Zealand Parliament.

Adopted March 23, 2010

[Supplemental Examination] — RESOLVED, IPO supports, in principle, legislation that would allow patent owners to request supplemental examination to consider, reconsider, or correct information relevant to their patents and provide that the patents shall not be held unenforceable on the basis of information so considered, reconsidered, or corrected. Specifically, IPO supports enactment of Section 10 of the draft substitute for S.515 made public on March 4, 2010.

[Statute of Limitations ] — RESOLVED, IPO supports, in principle, suspension or exclusion of patent practitioners from practice who commit fraud, concealment, or inequitable conduct in USPTO proceedings, but opposes legislation providing that the statute of limitations shall not run until information regarding the fraud, concealment, or inequitable conduct is made known to the USPTO.

[USPTO Fee Setting ] — RESOLVED, IPO opposes provisions in the March 4, 2010 draft substitute for S.515, H.R.1260, and the President’s 2011 budget that authorize the USPTO to increase and restructure fees through a rulemaking process. IPO supports a revolving fund amendment to patent reform legislation, however, to make all fee collections available to the USPTO, and supports appropriations legislation to create a “buffer” fund to enable the USPTO to use excess fee collections.

[Repeal of the “Baldwin Rule”] — RESOLVED, IPO opposes repeal of the second sentence of 28 United States Code section 44(c), which requires all judges on the United States Court of Appeals for the Federal Circuit to reside within a 50-mile radius of Washington, DC.

Adopted January 31, 2010
[Notice Pleading Restoration Act and Open Access to Courts Act] — RESOLVED, IPO opposes the Notice Pleading Restoration Act of 2009 (S. 1504, 111th Cong., 1st Sess.) and the Open Access to Courts Act (H.R. 4115, 111th Cong., 1stSess.).