Intellectual Property Owners Association

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2011 Board Resolutions

Adopted December 6, 2011

[Combating Military Counterfeits] — RESOLVED, that IPO supports the passage of S. 1228, the “Combating Military Counterfeits Act of 2011,” insofar as it amends 18 U.S.C. § 2320 to introduce increased penalties for trafficking in counterfeit products falsely represented as meeting military requirements or being military grade or intended for military applications.

Adopted September 11, 2011

[Recognizing the Value of IPO’s Diverse Membership] — The IPO Board recognizes, values, and seeks to engage the participation, thought leadership, and collaboration of our non-Board members.  Therefore, we recognize the importance of addressing the interests and needs of the broad range of IPO members.  This includes:

  • Creating professional, networking, and business development opportunities,
  • Providing continuing legal education opportunities,
  • Guiding the Standing IP Committees via regular and timely feedback,
  • Publicizing committee activities,
  • Seeking input of non-Board members on IPO positions to be advocated to Congress, the USPTO, and the courts,
  • Communicating with members about Board initiatives, and
  • Updating members on developments in IP law via the IPO Daily News™.

[Amending the Criminal Penalty Provision for Criminal Infringement of a Copyright] — RESOLVED, that IPO supports, in principle, S.978, “A Bill To Amend The Criminal Penalty Provision For Criminal Infringement Of A Copyright, And For Other Purposes.”

Adopted June 24, 2011

[Protect IP Act] — RESOLVED, That IPO supports, in principle, S. 968, the Protect IP Act of 2011.

[Protecting Trade Secrets Under The TPP] — RESOLVED, That IPO supports improving protection for trade secret rights under the Trans-Pacific Partnership Trade Agreement (TPP), whereby:

  • The TPP requires that all parties fully implement their obligations under the WTO TRIPS Agreement, including TRIPS Article 39, which contains obligations for all current participants in the TPP negotiations in respect of minimum protections for trade secrets and other undisclosed information;
  • The TPP should require that all TPP parties make available adequate and effective remedies (such as injunctions and criminal penalties) to stop misappropriation of trade secrets; and
  • The TPP should prohibit parties from imposing compulsory licenses of trade secrets.

 

Adopted March 22, 2011

[Opposing Legislation on Tax Strategy Patents] — RESOLVED, That IPO opposes Sec. 14, “Tax Strategies Deemed Within the Prior Art,” of S. 23, the “America Invents Act.”

[Favoring Omission of Damages Provisions from Patent Reform] — RESOLVED, IPO recommends that any patent reform legislation enacted in the 112th Congress (2011-2012) not include provisions on patent damages, considering the Federal Circuit’s recent opinions clarifying the rules for determining reasonable royalty damages and the likelihood that the courts will continue to refine patent damages law.

[Favoring Omission of Transfer of Venue Provisions from Patent Reform] — RESOLVED, IPO recommends that any patent reform legislation enacted in the 112th Congress (2011-2012) not include provisions on transfer of venue in civil actions for patent infringement, considering the Federal Circuit’s recent actions directing the transfer of civil actions to districts clearly more convenient for the parties and the likelihood that the courts will continue to refine the law.

[Favoring Omission of Willful Infringement Provisions from Patent Reform] — RESOLVED, IPO recommends that any patent reform legislation enacted in the 112th Congress (2011-2012) not include provisions on willful infringement.

[Micro Entity Patent Fees] — RESOLVED, IPO recommends that Congress should determine the cost to other patent applicants and owners, and the effect on the agency, for each type of micro entity applicant and owner, before deciding whether to enact legislation providing for a 75 percent fee discount for micro entity patent applicants and owners as proposed in Sections 9 and 12 of S. 23, passed by the Senate on March 8, 2011.

[Supporting a 15% Surcharge on Patent User Fees] — RESOLVED, IPO supports a surcharge of 15 percent on USPTO patent user fees for FY 2011 and FY 2012 to support operations, hire additional examiners, and address the quality of issued patents and application pendency, provided that fees collected by the USPTO are not diverted.

[Opposing Proposed Fast-Track Ex Parte Reexamination Voucher Program for “Humanitarian Technologies”] –RESOLVED, That IPO confirms its opposition to the United States Patent & Trademark Office’s proposed fast-track ex parte reexamination voucher program for “humanitarian technologies” as described in 75 Fed. Reg. 57261. IPO encourages the USPTO to focus on its core commitment to a patent system in which individual patent applications rise or fall on their own merits without regard to field of technology or political concerns.  Although IPO supports the USPTO’s efforts to remain engaged in international policy issues, these efforts should focus on advocacy for efficient patent systems worldwide.

[Detained Suspect Counterfeit Semiconductors] — RESOLVED, IPO supports revocation of the Directive of April 2000 as needed to permit CBP Agents to provide rights holders unredacted samples or photographs of suspect counterfeit goods so as to allow the rights holder/manufacturer to assist CBP in identifying and preventing the importation of counterfeit goods, as contemplated in the Tariff Act of 1930, the Lanham Act, the North American Free Trade Agreement, and GATT Agreement on Trade-Related Aspects of Intellectual Property, and CFR 133.25.

Adopted January 23, 2011

[Uniform Application of the Inevitable Disclosure Doctrine] — RESOLVED, IPO supports, in principle, uniformity in the doctrine of inevitable disclosure such that injunctive relief is available to an employer who owns a trade secret, which relief is sufficient to protect against the inevitable disclosure of the trade secret by an employee and the resulting loss of commercial advantage.

[Supporting Prompt Senate Action to Fill Federal Circuit Vacancies] — RESOLVED, IPO urges the United States Senate to promptly consider nominees for the two current vacancies on the United States Court of Appeals for the Federal Circuit.  Without endorsing any specific nominee, IPO supports prompt consideration of all nominees for the Federal Circuit.