Archives: Intellectual Property Protection

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CBP Revises Rules for Border Searches of Electronic Devices

 Last week, U.S. Customs and Border Protection (“CBP”) released a revised Directive governing searches of electronic devices at the border.  These are the first official revisions CBP has made to its guidelines and procedures for devices since its 2009 Directive.  The new Directive is intended to reflect the evolution of technology over the intervening decade, … Continue Reading

DFARS Cyber Rule – What Questions Should Contractors Ask Themselves in the New Year?

Since August 2015, defense contractors have been on notice that they were required to implement the security controls in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-171 no later than December 31, 2017 on covered contractor information systems.  Although the focus has been on meeting this deadline, contractors should add to their … Continue Reading

Privacy and Data Security in the Trump Administration

Privacy and data security issues were prominent in the campaign. Allegations were even made that Russia was behind the DNC hack. Despite it being front and center in the campaign, cyber security did not generate specific policies from the Trump campaign. One thing Donald Trump did promise was a top to bottom review of US … Continue Reading

Congress Overwhelmingly Approves Federal Civil Cause of Action for Trade Secret Misappropriation Backed By Broad Coalition of U.S. Interests

When the dust settles on 2016, and Congress is receiving year-end grades from political pundits, voters and even self-evaluations from the Members themselves, there will no doubt be a common refrain that election year politics, gridlock and a short legislative calendar have yet again left too many important issues unresolved. But one important piece of … Continue Reading

Bipartisan trade secrets bill passes U.S. Senate

In a major win for the American innovative economy, the U.S. Senate on Monday unanimously passed S. 1890, the Defend Trade Secrets Act (DTSA), 87-0. The bill stands a good chance of getting enacted into law, which would be a significant milestone for intellectual property protection particularly in this election year. Trade secrets are increasingly … Continue Reading

Senators Introduce VENUE Act as Last Stand on Patent Legislation This Congress

As Congress becomes further embroiled in election-year politics, especially a high-stakes standoff between the White House and the Senate Judiciary Committee over the President’s nomination to the Supreme Court, it appears ever more likely that 114th Congress will end in December 2016 without passing comprehensive patent legislation.  With the House and Senate patent bills on … Continue Reading

What’s New in the TPP’s Intellectual Property Chapter

Note: This post is the third in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers.  The final TPP text, which was released on November 5, 2015, is available here.  TPP is not expected to enter into force until at least 2016, with the … Continue Reading

EU – US Umbrella Agreement about to be concluded: towards a transatlantic approach to data protection?

According to the European Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, the EU and the US have finalized the EU-US Umbrella Agreement (for the press release, see here; a reportedly near-final draft of the agreement can be read here). This is a remarkable breakthrough after the first calls for such an agreement back in … Continue Reading

China Issues Draft Network Security Law

Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012, China’s current leadership has attached an … Continue Reading

SAFETY First: Using the SAFETY Act to Bolster Cybersecurity

We have already seen tremendous fallout from recent cyber attacks on Target, the U.S. Office of Personnel Management, Sony Pictures, and J.P. Morgan.  Now imagine that, instead of an email server or a database of information, a hacker gained access to the controls of a nuclear reactor or a hospital.  The potential consequences are devastating: … Continue Reading

AGOA Should Do More to Strengthen Intellectual Property in Africa’s Creative Sectors

It is a welcome development that the African Growth and Opportunity Act (AGOA) has moved closer to reauthorization. However, much more can and should be done through AGOA to strengthen intellectual property (IP) rights in Africa, particularly in the continent’s creative sectors. Africa’s creative sectors have the potential to be key economic drivers and IP … Continue Reading

The Antitrust Agencies’ Comments on the Patent System

The Department of Justice and the Federal Trade Commission provided comments (“DOJ/FTC Comments”) last week that highlighted the role of the patent system in promoting “competition, innovation, and consumer welfare.” The DOJ/FTC Comments were submitted as part of the U.S. Patent and Trademark Office (“PTO”) Enhanced Quality Initiative.  The PTO’s Initiative, launched in February, demonstrates … Continue Reading

Patent Legislation Goes Mainstream

When John Oliver talks, the Internet starts buzzing.  This week, on HBO’s show “Last Week Tonight,” Oliver highlighted patent litigation reform.  Patent issues rarely hit the mainstream media, and even more rarely do they become fodder for pop culture.  But Oliver’s satirical segment has broken that barrier. The segment contains lessons for both those who … Continue Reading

Focus on Patent Quality

Any system of property rights functions best when all parties know the metes and bounds of the property.  Our patent system is no different, and that is why the ongoing, two-day Patent Quality Summit at the United States Patent and Trademark Office (“PTO’s”) is so significant. The Summit is part of the PTO’s Enhanced Quality … Continue Reading

ISO’s New Cloud Privacy Standard

This summer, the International Standards Organization (ISO) adopted a new voluntary standard governing the processing of personal data in the cloud — ISO 27018.  Although this recent development has gone mostly unnoticed by the technology and media press to date, the new cloud standard provides a useful privacy compliance framework for cloud services providers that … Continue Reading

Data Collection and Privacy

In view of the importance of privacy issues to readers of GlobalPolicyWatch,  we have reprinted below a blog post by Morgan Kennedy from Covington’s Washington office  which appeared on the Covington InsidePrivacy blog on September 12. *   *   * Forever 21 Faces Point-of-Sale Data Collection Class Action Lawsuit Fast fashion retailer Forever 21 Retail Inc. … Continue Reading

ITC Report Examines Online Trade Barriers

On Sept. 11, 2014, the U.S. International Trade Commission released Digital Trade in the U.S. and Global Economies, Part 2, a report that highlights the significant trade impact of digital and Internet-based industries.  The 331-page report also identifies potential obstacles to cross-border digital trade, including inadequate intellectual property rights enforcement and privacy regulation. The ITC’s … Continue Reading

Trade Secrets on the Move

We have written recently about the ongoing effort in Congress to create a federal civil remedy for trade secret misappropriation.  Last week, James Nurton, the Managing Editor of Managing IP, wrote a story with the heading: “Trade Secrets Get Sexy.”  Mr. Nurton discusses how efforts to harmonize, and elevate the importance of, trade secret laws … Continue Reading

House of Representatives Passes Three Cybersecurity Bills

On July 28, 2014, the U.S. House of Representatives (“House”) passed three cybersecurity bills, the National Cybersecurity and Critical Infrastructure Protection Act of 2014 (H.R. 3696) (“NCCIP Act”), the Critical Infrastructure Research and Development Advancement Act (H.R. 2952) (“CIRDA Act”), and the Homeland Security Cybersecurity Boots-on-the-Ground Act (H.R. 3107) (“Boots-on-the-Ground Act”) with broad bipartisan support. … Continue Reading

Trade Secrets Legislation Introduced in the House of Representatives

Yesterday, a bipartisan group of key lawmakers on the House Judiciary Committee joined Rep. George Holding in introducing H.R. 5233, the Trade Secrets Protection Act of 2014, a bill to create a federal civil remedy for trade secret theft.  Reps. Jerrold Nadler, Howard Coble, John Conyers, Jr., Steve Chabot, and Hakeem Jeffries co-sponsored this important … Continue Reading

Trade Secret Theft: The Need for a Federal Civil Remedy

Trade secrets are an increasingly valuable asset to America’s most innovative companies- a critical form of intellectual property that contributes not only to a company’s competitive edge, but also the global competitiveness of the U.S. economy.  Trade secrets are commercially valuable information not generally known or readily ascertainable to the public by proper means that … Continue Reading

Trade Policy Resources at the ITC and How to Use Them

The U.S. International Trade Commission is best known for deciding high-stakes trade disputes involving dumped or subsidized imports and infringement of intellectual property rights.  Worthy of at least equal attention, however, are the wide panoply of trade policy resources the Commission makes available free to the public.  Businesses, associations, and NGOs can all make use … Continue Reading