Smaller Companies Unaware of Their IP Assets

Zeynep Birsel: “IP is not a legal issue – it is a business issue.”
Zeynep Birsel: “IP is not a legal issue – it is a business issue.”

The International Chamber of Commerce (ICC) organized a May 21 side event during the World Intellectual Property Organization’s standing committee on patents to demonstrate how the patent system works to support research and development, technology transactions and innovation, using case studies from a Turkish university as well as Brazilian and German industry.

The session, “Making patents work for economic and technological growth: what is needed?” exemplified what small and large companies, and universities, need in practice to make the patent system work for economic and technological growth.

Thaddeus Burns, senior counsel with General Electric and vice chair of the ICC Commission on Intellectual Property moderated the event. One panellist, Zeynep Birsel, director of the technology transfer office at Sabanci University in Turkey, outlined the changing science, technology, industry and intellectual property landscape, and gave examples of how the university had been proactive in responding to the Turkish government’s increasing focus on technology development and commercialization.

“IP is not a legal issue – it is a business issue,” she said. “Companies have to learn to align business and IP strategies. Most small- and medium-sized companies have no idea of the value of their IP assets and how they can protect them.”

Click here to read more on ICC’s website.

Staff Contact: Helen Medina

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At Rio Meetings, USCIB Represents Business Interests in Global Antitrust

4322_image002As U.S. companies are increasingly subject to foreign regulators and the practices of non-U.S. investigative bodies, it is imperative to ensure adequate dialogue between the private sector and government antitrust enforcers, both in order to keep the lines of communication open and to ensure that industry is aware of the ever-evolving antitrust regulations to which they may be subjected.

To that end, Charlene Flick, USCIB’s director of intellectual property and competition, took part in three key meetings in Rio de Janeiro in April: the International Competition Network (ICN) annual conference, an International Chamber of Commerce Roundtable on Competition Enforcement and Compliance, and “ICN in Brazil: The Changing World of Competition,” sponsored by the International Bar Association.

Founded in 2001, the International Competition Network is an informal, virtual network that seeks to facilitate cooperation between competition law authorities globally.  The Rio Conference focused on enforcement and compliance in competition law, including South American enforcement priorities and the business response, as well as company strategies to improve antitrust compliance.

USCIB now enjoys non-governmental advisor status in the ICN, which will increase our visibility and will allow more of our members to participate in its projects, regional workshops and annual meeting.

While in Brazil, USCIB’s Flick also met with a number of Brazil-based attorneys to discuss the current state of intellectual property protection in Brazil, and how the Brazilian bar views intellectual property law and policy as it relates to the international community.

Staff contact: Justine Badimon

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New Study on Benefits of AntiCounterfeiting Trade Agreement

Business Action to Stop Counterfeiting and Piracy (BASCAP) – an initiative of the International Chamber of Commerce, part of USCIB’s global network – joined with the International Trademark Association in releasing a study that provides a practical analysis of the importance and benefits of the Anti-Counterfeiting Trade Agreement (ACTA).

The study aims to add clarity to the debate on ACTA in Europe by outlining how ACTA promotes EU trade and economic growth, as well as how it protects consumers and EU companies of all sizes against the negative impacts of counterfeiting and piracy.

It provides a detailed analysis of the provisions of ACTA and reaffirms the conclusion that ACTA is fully consistent with the laws of the EU and its member states, citing specific sections that expressly provide for protection of civil liberties, fair processes, privacy and other important fundamental rights and values of the EU.

Read more on ICC’s website.

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New Roadmap for Global Intellectual Property Protection Launched

The International Chamber of Commerce (ICC), the world business organization for which USCIB serves as the American affiliate, has launched the 11th edition of its flagship intellectual property (IP) publication ICC Intellectual Property Roadmap: Current and Emerging Issues for Business and Policymakers.

Presenting the new edition in Geneva at the inaugural Licensing Executives Society International’s Global Technology Impact Forum, David Koris, chair of the ICC Commission on Intellectual Property, said: “The IP Roadmap has undergone extensive updates to reflect key developments in the IP policy landscape. It is an invaluable tool to bring policymakers and business leaders worldwide up to date on IP-related issues, from measures to control copyright and trademark infringement on the Internet to the mediation of IP disputes.”

Containing contributions from ICC experts and members from around the globe, the popular ICC Roadmap is a useful reference tool to help business, policy and legal professionals worldwide keep pace with the rapidly evolving intellectual property landscape. Published every two years, it is translated into several languages including Arabic, Chinese, German, Portuguese, Russian, Spanish and Ukrainian.

Read more on ICC’s website.

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Silicon Valley General Counsels Learn About Emerging Global Legal Challenges

USCIB’s Charlene Flick
USCIB’s Charlene Flick

On October 21, Charlene Flick, director of intellectual property and competition at USCIB, addressed the Silicon Valley Association of General Counsel in Santa Clara, California.  Ms. Flick discussed emerging legal challenges for U.S. companies as they expand internationally, and specifically how USCIB helps American industry navigate an increasingly complex global marketplace.

USCIB recently updated its Legal Issues Overview, which presents a number of key international policy issues with strong legal components as a reference for corporate counsel and other legal professionals.

“The objective of USCIB’s work,” Ms. Flick noted, “is to foster fair and predictable legal and regulatory regimes across borders to enhance seamless transactions across borders.”  Ms. Flick discussed how USCIB capitalizes on its extensive industry network to influence policy at both national and international institutions.  She then offered a selection of legal challenges that she confronts regularly in her work at USCIB, ranging from questions of jurisdiction and extraterritoriality to the adequacy of a country’s intellectual property regime and whether or not the U.S. notion of due process is respected in foreign jurisdictions in the course of a foreign enforcement action.

“Of particular interest to the general counsels was the realization that legal privilege as U.S. lawyers understand it – that communications between corporate executives and in-house lawyers are privileged and not discoverable — does not apply in all foreign jurisdictions,” Ms. Flick observed.  “The European Union, for example, does not accept this notion of legal privilege, and it is important for American companies to understand that communications internally across borders may be subject to different legal norms in the course of a foreign investigation, and how best to deal with this reality.”

Ms. Flick emphasized that advocacy should not be limited to the legislative bodies, but that influencing policy objectives should be approached on the executive and judicial fronts, as well.  She noted that as the markets globalize, policymakers will be forced to harmonize their own regulatory landscape with that of other countries to benefit their own economies.  “U.S. industry is global industry,” Ms. Flick concluded, “and it should insist upon being at the table where regulations and policies are conceived that will dictate global business.”   This, of course, is where USCIB really provides value to its members.

Staff contact: Helen Medina

USCIB Legal Issues Overview

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USCIB Congratulates U.S. on Signature of Anti-Counterfeiting Pact

New York, N.Y., October 3, 2011 – The group that represents American business on the global stage welcomed the conclusion of an ambitious international anti-counterfeiting pact between the United States and several leading nations.  The United States Council for International Business (USCIB), called the Anti-Counterfeiting Trade Agreement (ACTA) signed Saturday in Tokyo an important sign of more aggressive international cooperation to stem rampant counterfeiting and piracy.

“The business community congratulates U.S. Trade Representative Ron Kirk and his team for concluding this important agreement,” said USCIB President and CEO Peter M. Robinson.  “Strong action is needed to combat the worldwide proliferation of fake products, which threatens U.S. consumers, jobs and our competitiveness.”

According to USTR, the ACTA negotiations aim to establish a state-of-the-art international framework that provides a model for effectively combating global proliferation of commercial-scale counterfeiting and piracy in the 21st century.  The agreement also includes innovative provisions to deepen international cooperation and to promote strong enforcement practices.  Together, these provisions will help to protect American jobs in innovative and creative industries against intellectual property theft, USTR said.

In addition to the United States, parties to ACTA are Australia, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland.

USCIB has a long record of advancing intellectual property rights around the world.  It was an early supporter of protecting IPRs in the World Trade Organization via the Uruguay Round.  As the U.S. affiliate of the International Chamber of Commerce (ICC), USCIB provides American business views to foreign governments and international organizations, including the World Intellectual Property Organization.  USCIB also helped launch ICC’s BASCAP (Business Action to Stop Counterfeiting and Piracy) initiative, which coordinates the business community’s response, across industry segments and across national boundaries, in the fight against counterfeiting and piracy.

“Business is working with our partners around the world to keep action against counterfeiting and piracy at the top of the international agenda,” said Mr. Robinson.  “We look forward to working with the U.S. and other governments to ensure effective implementation and enforcement of ACTA going forward.”

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world.  With a unique global network encompassing leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

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BASCAP Launches New Initiatives in the Fight Against Fakes

BASCAPSeveral years ago, in response to the growing threat to business from fake products, USCIB’s affiliate the International Chamber of Commerce launched BASCAP – Business Action to Stop Counterfeiting and Piracy, which seeks to connect all business sectors and cut across national borders in the fight against counterfeiting and piracy.  With senior-level representation from numerous affected companies, industries and countries, BASCAP’s efforts focus on raising awareness and working with governments, law enforcement and international organizations in a joint effort to combat global intellectual property theft.

During the most recent BASCAP steering committee meeting, September 15-16 in New York, BASCAP members discussed its new Pro-IP work stream, which concentrates on developing a strong set of materials to promote the positive aspects of IP protection and its relation to innovation, economic growth/development and employment.

One feature of the work stream is a new BASCAP-IP Blog, which will strengthen the body of public knowledge in the realm of IP protection and create an outlet for BASCAP pro-IP work, including existing products such as the BASCAP IP Powerhouse report and its economic studies. The blog is an online location for commenting on issues of the day and will replace the data-oriented BASCAP Digest, with editorial comment.

BASCAP is preparing a report debunking economic “IP fallacies” related to growth, R&D, employment, and FDI.   A number of interest groups have argued that counterfeiting and piracy are not associated with negative effects on society or the economy.  Among the key assertions put forward by these groups, some of which made their way into a recent paper by the UN’s World Intellectual Property Organization, are that counterfeiting and piracy create employment and provide income to workers, particularly in developing economies, and that counterfeiting and piracy provide competition for big business, spurring increased R&D spending and lower prices.

BASCAP also plans to add two annexes to its IP Guidelines for Business, which have thus far been launched in six languages.  The first annex will address government use of software, with the goal of ensuring that governments take action to prevent IPR infringements in their computer systems.   The second annex will focus on government procurement, i.e., what happens when governments themselves purchase counterfeit products in several sectors – transportation, medicines and medical supplies, electronics, software, and military and security supplies.

The steering committee also reviewed a scoping paper to address how IP-based businesses use various types of technical protection measures to deter counterfeiting and piracy, how these are or should be protected by regulation, and how the inherent limitations in such technologies militate against mandatory “one size fits all” solutions.

In the coming months, BASCAP plans to move forward with in-country initiatives in Turkey, Chile, Ukraine, Africa, China and India.  There are also several reports in the pipeline, including on free trade zones, digital piracy in the U.S., what to do with confiscated goods, and a study on the role of intermediaries in the supply chain.

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Launch of ICC WIPO Handbook for Providing IP Services

Available in English and Spanish, the ICC-WIPO handbook gives practical advice on how to set up different types of IP services
Available in English and Spanish, the ICC-WIPO handbook gives practical advice on how to set up different types of IP services

The International Chamber of Commerce (ICC), USCIB’s affiliate, and the World Intellectual Property Organization (WIPO) have launched the publication, Making intellectual property work for business today during the 7th World Chambers Congress in Mexico City. Developed jointly by the two organizations, the handbook – provides practical guidance to chambers of commerce and business associations looking to provide intellectual property (IP) services for businesses.

Although intellectual property has become an essential competitive tool for businesses in today’s economy, many companies do not understand how to use IP in their business. Businesses membership organizations are uniquely positioned to help bridge this knowledge gap.

“Businesses nowadays have to rely on the effective use of one or more types of intellectual property to gain and maintain a competitive edge in the marketplace,” said David Koris, chair of the ICC Commission on Intellectual Property. “Business leaders and managers, therefore require a much better understanding of the tools of the IP system to protect and exploit the IP assets they own, or wish to use, for their business models and competitive strategies in domestic and international markets.”

Daphne Yong-d’Hervé, ICC’s chief IP officer, said: “Because of the strong relationship with their business constituencies, business membership organizations are ideally placed to help companies navigate this emerging field and to play an active role in helping companies understand and use IP assets as a competitive tool.” Read more on ICC’s website.

Staff Contact: Helen Medina

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News Brief: The Costs of Counterfeiting

A new ICC report predicts the cost of intellectual property rights abuses worldwide will reach $1.7 trillion by 2015 and put 2.5 million legitimate jobs at risk each year.  Launched at the 6th Global Congress on Combating Counterfeiting and Piracy, which took place in Paris in early February, the ICC report updates a groundbreaking 2008 OECD study that showed more than $250 billion in counterfeit and pirated goods move through international trade alone.  The revealing ICC study not only brings the estimates up to date but also examines additional impacts not quantified in the OECD report.  These include the value of domestically produced and consumed counterfeit products, the value of digital piracy, and the negative impacts on society, governments and consumers.

Staff contact: Caitlin Martin

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Protection From Brand Infection

steel boxUSCIB has teamed up with the Chief Marketing Officer Council on “Protection from Brand Infection,” a new initiative to help leading brand specialists understand and contain the brand damage caused by counterfeiting, piracy and fraud.

A variety of tricks, schemes and frauds have been “infecting” leading brands for years.  According to the U.S. Chamber of Commerce, counterfeiting and piracy cost the U.S. economy between $200 billion and $250 billion per year, as well as 750,000 American jobs.  A Gartner study estimates 3.6 million Americans lost $3.2 billion in the 12 months ending in August 2007 to phishing scams.

To help explore these issues of brand image and integrity issues and implications, “Protection from Brand Infection” will examine how Internet fraud schemes are impacting brand trust, confidence, credibility and affinity among consumers, channels and business partners and what today’s senior marketers can do to combat these schemes.

Please share your experiences with us by completing this brief online survey.  All responses will be kept confidential and all participants will receive a free copy of the final research report.

For more information on the survey or the CMO Council, please contact Peter Moore at (646) 652-5205 or pmoore@globalfluency.com.

Thank you in advance for your participation!

Click here to launch the survey

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