Intellectual Property Owners Association

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2016 Board Resolutions

Adopted December 6, 2016

[Limiting Excessive Section 8 Damages Awards in Proceedings Under Canadian Patented Medicines Regulations] — RESOLVED, that IPO supports that any section 8 damages awarded pursuant to a proceeding under the Canadian Patented Medicines (Notice of Compliance) Regulations (“PMNOC Proceeding”) must be based on damages proven to have actually been suffered by each generic claimant, and that a patentee’s total liability for all generic claimants’ lost profits under section 8 for a given product may not exceed the profits collectively lost on account of PMNOC Proceedings.  As such, the unit sales upon which the PMNOC lost profits calculations are based may not collectively exceed 100% of the incremental units of generic product that the generic claimants would have sold had the patentee not brought the PMNOC Proceedings.

[Amending Rule 4 of the Federal Rules of Civil Procedure] — RESOLVED, that the Intellectual Property Owners Association supports, in principle, that Rule 4 of the Federal Rules of Civil Procedure be amended to allow for service of process by e-mail, without a court order, in cases involving commercial activity conducted using a domain name that is registered to a fictitious party.

Adopted June 7, 2016

[Copyright Office Modernization]RESOLVED, that Congress should ensure that the Copyright Office has the staffing, budget, information technology, flexibility, and autonomy it needs to meet the current and future demands of copyright owners and the public.  This should be accomplished by, at the very least, passing legislation to require that the Register of the Office is a presidential nominee and that the Copyright Office is autonomous from the Library of Congress, including having its own budget and information technology systems separate from the Library of Congress.

[Domain Name Provisions of TPP] — RESOLVED, that the Intellectual Property Owners Association supports, in principle, that were the current version of the Trans Pacific Partnership trade agreement to be implemented, it should not be interpreted to require the United States to impose a new country code domain name dispute resolution policy to replace the usDRP

Adopted March 16, 2016

[Amending the Lanham Act  Remedies Sections]RESOLVED, that IPO supports, in principle, legislation to amend the Lanham Act to provide that, when a claimant seeks injunctive relief, a rebuttable presumption of irreparable harm shall apply where there has been a finding of a likelihood of confusion or likelihood of dilution, or, in the case of a motion for a preliminary injunction, a finding of probable success on the merits of a likelihood of confusion or likelihood of dilution claim.

Adopted January 27, 2016

[Modernization of the U.S. Patent Examination System] — RESOLVED, IPO supports that the PTO:

  • Replace the present final office action policy and attendant after final practice with a policy that every amendment is entered as a matter of right with applicants paying an RCE fee with every third response and that each response is taken up for action by the examiner within the same timeframe.