Intellectual Property Owners Association

Serving the Global Intellectual Property Community

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2012 Board Resolutions

Adopted December 11, 2012

[Protecting American Trade Secrets and Innovation Act of 2012] — RESOLVED, that IPO supports the enactment of legislation along the lines of S. 3389 entitled Protecting American Trade Secrets and Innovation Act of 2012 to establish a federal civil cause of action for trade secret misappropriation and other proposed amendments to protect trade secrets along with adequate safeguards against improper use of such legislation.

[Brand Protection Under New gTLDs] — RESOLVED, that IPO supports the Rights Protection Mechanisms advocated by the Intellectual Property Constituency of ICANN, and particularly its recommendation that ICANN implement a mechanism for trademark owners to prevent second-level registration of their exact marks, as well as prevent second-level registration of their marks in combination with character strings previously found to have been abusively registered or used.

[AIA Technical Corrections] — RESOLVED, that IPO, while confirming its support for short pendency of patent applications in the USPTO, opposes section 1(m) of H.R. 6621 in the form introduced on November 30, 2012.

[AIA Technical Corrections] — RESOLVED, that IPO opposes section 1(d)(2) of H.R. 6621 in the form introduced on November 30, 2012.

Adopted September 9, 2012

[Preserving IP Licenses in Cross-Border Insolvencies] — RESOLVED, that IPO supports the adoption, in all countries, of legislation and model laws that enable licensees (and similar rights holders) to preserve intact their existing license rights (and similar rights) in intellectual property, in a form similar to 11 U.S.C. § 365(n) where the licensee agrees to comply with existing royalty obligations, if any, when a licensor enters voluntary or involuntary bankruptcy, reorganization, or insolvency in one or more countries, notwithstanding any sale, transfer, proposed rejection or termination or avoidance of the license, or other transaction by the licensor, or its trustee, administrator, or other successor.

[Preserving IP Licenses in Cross-Border Insolvencies] — RESOLVED, that IPO supports the adoption, in all countries, of legislation and model laws by which the public interest in preserving existing IP licenses overrides the principle of applying comity from jurisdictions that do not adequately enable licensees and similar rights holders to preserve their license rights.

Adopted June 11, 2012

[Revising the Trademark Dilution Revision Act] — RESOLVED, that IPO supports amending Section 43(c)(6) of the Lanham Act so as to read as follows:

(6) Ownership of valid registration complete bar to action. — The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register under this act shall be a complete bar to an action against that person, with respect to that mark, that —

(A) Is brought by another person under the common law or a statute of a State; and

(B) (i) seeks to prevent actual or likely dilution by blurring or actual or likely dilution by tarnishment; or
(ii) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.

[Fair Use of Non-Patent Literature] — RESOLVED, that making copies of copyrighted non-patent literature in the course of preparing and prosecuting patent applications and maintaining comprehensive files relating to prosecution is fair use under 17 U.S.C. §107.