5 PTC Newsl. 1 (1986-1987)

handle is hein.journals/iprolane5 and id is 1 raw text is: 







Published by the
Section of Patent, Trademark and Copyright Law
of the American Bar Association
Volume 5, Number 1, Winter/Spring 1986


CHaiRman's LeTTeR


ABA Annual Meeting in
New York City
The dates of this meeting for our
Section are August 8-- 13, 1986.
It will be held at the Plaza Ho-
tel. The business program will
include Committee-generated
Patent /Trademark/ Copyright-
related resolutions that will be
up for review, discussion and
vote. The educational side of
the meeting will include several
Intellectual Property (IP) con-   1. jan janin, Jr.
tinuing legal education sessions. In addition, there will
be more to the meeting in the way of state-of-the-art ex-
hibits, seminars with and by other ABA entities, and
possibly most importantly the opportunity to make
direct one-on-one contact with other professionals. I
sincerely hope that you will attend and participate in our
Section's upcoming Annual Meeting.

What Is Intellectual Property?
  This is no longer simply an academic question. We
know that use of the term Intellectual Property, or its
substitute IP, is quite common in current literature
and other forms of communication and reference. Some
government, industry and professional organizations
even include the term in their names. Recently the De-
partment of State sponsored a conference on the possi-
bility of inserting an IP code into an international trade
treaty such as GATT which, for example, could provide
a trade-based dispute/enforcement mechanism for use
against member nations that failed to meet specified IP
standards.
   All of this prompted a need on our part to learn some-
thing more about the scope of intellectual property.
This also prompted a desire on our part to look at
WIPO's longstanding definition for IP-i.e., rights


Copyright ) 1986 American Bar Association


relating to: literary, artistic and scientific works; perfor-
mances of performing artists, phonograms, and broad-
casts; inventions in all fields of human endeavor; scien-
tific discoveries; industrial designs, trademarks, service
marks, and commercial names and designations; protec-
tion against unfair competition; and all other rights
resulting from intellectual activity in the industrial,
scientific, literary or artistic fields--and to share this
definition with you.
  A short-hand definition might be said to include pa-
tents, trademarks, copyrights, trade secrets, and other
proprietary technical data, which is broad enough to in-
clude mask works, among other things. The key point
seems to be that in any such definition, an IP right is a
valuable property right associated with an idea.

The Relationship Between IP and
International Trade Is Growing
  It's akin to a moving train that we should anticipate is
coming and something about which we should know
more. It is one of today's signs of the times.
  The Reagan Administration supports multilateral
trade negotiations that include anticounterfeiting and
IP codes. Incorporating such codes within a trade treaty
is seen by the Administration as being consistent with
free trade and not incompatible with GATT.
   The Administration also supports the conduct of con-
current bilateral negotiations pertaining to the protec-
tion and enforcement of IP rights, whether carried out
in a consulting/educational way, or relative to GSP
benefits, or by way of a Trade Act § 301 action.
   Protecting and enforcing IP rights are viewed as being
 very important to the national economy. Accordingly,
 we can anticipate that the relationship between IP and
 international trade will continue to share the spotlight
 for some time to come. Further, we can expect that this
 will be an area of growing importance to our Section.
                               (continued on page 11)


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