Tag Archives: ITC

Trade Secrets: “What People Need to Know” — Sen. Coons, IP experts, scheduled to speak May 29

Trade secrets, or know-how, frequently in the news, are simultaneously among intellectual property’s most valuable and misunderstood rights.

A luncheon briefing designed to put these essential rights into clearer perspective will be held at United States Chamber of Commerce headquarters in Washington on May 29 – “Understanding the Secret to Trade Secrets: What People Need to Know Today.”

The briefing is being hosted by the Center for Intellectual Property Understanding (CIPU) in conjunction with the Global Innovation Policy Center (GIPC).

The event will clarify (1) what trade secrets are, (2) why they are more important now, (3) how they are used and (4) their impact on innovation, competition and trade.

Panel coverage includes:

  • Trade secrets’ role in promoting commerce and security
  • The hidden value of “negative” know-how
  • How trade secrets compliment patents and trademarks; their drawbacks
  • U.S., China and trade secrets today

In additional to Senator Chris Coons (D-DE), Vice-Chairman, Select Committee on Ethics and proponent of IP rights, speakers will include

  • F. Scott Kieff (U.S. International Trade Commission chief, 2013-2017)
  • James Pooley (Deputy Director General of the World Intellectual Property Organization, 2009-2014)
  • Brian Hinman (Aon IP Solutions; former Chief IP Executive, Philips and Verizon, and head of licensing at IBM)

“Trade secrets, or know-how, frequently comprise the most valuable part of a businesses’ IP portfolio,” says Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and IBM, and a member CIPU’s board of directors.

“Trade secrets can be as important as patents or trademarks. Despite the news coverage regarding IP and China, little known about how know-how works in practice.”

The Defend Trade Secrets Act of 2016 (DTSA) brought trade secret misappropriation under federal jurisdiction.

For the briefing agenda, go here.

To request an invitation, write registration@understandingip.org. Registration is free, but space is limited.

Image source: CIPU; foodsafetynews.com; GIPC

Rampant IP Piracy is Hurting U.S.

China-U.S. IP Policy:

Not a Two-Way Street

The United States International Trade Commission (ITC) held a public hearing on June 15 and 16 that focused on China’s IP policies and their effect on the U.S. economy.  The ITC, which hears Section 337 investigations involving unfair IP competition, is a relatively fast-track option to district courts.

Among the organizations and witnesses testifying was Hon. Bruce A. Lehman, former USPTO Commissioner and Undersecretary of Commerce from 1993-1998 and President of the International Intellectual Property Institute, an un-affiliated IP think tank. Lehman believes the U.S. IP relationship with China, which was negotiated on good faith in the 1990s, is failing miserably.

“Between 1998 and 2008 the U.S. trade deficit with China grew from$81.8 billion to $268 billion,” notes Lehman.

“The underlying assumption [of the Clinton Administration] was that the United States would permit China and other developing countries to benefit from their comparative advantage in labor costs, while we would benefit from our comparative advantage in technology. Ideally, this would work to the benefit of both parties.”

Unfortunately, full value of U.S. technology and products have not been realized because piracy and IP rights infringement is rampant and constitute a significant and still growing part of the Chinese economy.

“Taken all together the various aspects of the emerging Chinese intellectual property system combine to disadvantage IPR based imports,” continues Lehman, “sheltering domestic technology and information based industries from effective foreign competition, while the Chinese create their own export-competitive industries.”

The full text of Lehman’s testimonycan be found at this link. It’s worth reading and remembering.


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