7 PTC Newsl. 1 (1988-1989)

handle is hein.journals/iprolane7 and id is 1 raw text is: 




Ne8wSLOTT8eR

Published by the
Section of Patent, Trademark and Cdpyright
of the American Bar Association
Volume 7, Number 1, Summer 198h


CHaiRman's LeTTeR

                       As this newsletter goes to
                     press, the Annual Meeting in
                     Toronto is just around the
   /corner. We have a magnifi-
                     cent meeting planned with
                     both business and educa-
                     tional sessions plus an enter-
                     taining social agenda. Full
                     particulars on the program,
 Atogether with function reser-
                     vation forms, were provided
                     to all Section members with
  John K. Uikema     my letter of June 13, 1988. If
you haven't already made your function reservations,
I urge you to do so as soon as possible in order that
we can make final arrangements and count on your
attendance.

Annual Meeting Business Sessions
  This year's Business Sessions will be held on Sat-
urday morning and afternoon and Monday afternoon.
The Council has classified the Committee Report
Resolutions for handling at the meeting, with ten
scheduled for full debate, and the expectation is that
there will be several additional resolutions as the re-
sult of supplemental reports. Although the resolutions
scheduled for debate cut across all areas within our
specialty, the largest concentration will relate to the
subject of the duty of disclosure, fraud and inequita-
ble conduct before the Patent and Trademark Office,
spurred by proposed PTO Rule 57 and Kastenmeier
H.R. 4086 (see the Spring 1988 newsletter). The res-
olutions on this subject will be taken up together, even
though they originated with a number of different
committees. You will have the opportunity to partic-
ipate in the establishment of Section positions pro and
con on virtually every significant aspect of the subject.
For example, there will be resolutions addressed to
preserving the status quo under existing Rule 56,
plowing new ground under Rule 57, preserving the
materiality test of Rule 56, or adopting the but
for test of proposed Rule 57.


  The Gray Book of Committee Reports will be de-
livered to all attendees in advance of the Annual
Meeting. In addition, steps are underway to deliver
supplemental reports on the inequitable conduct res-
olutions in advance. Our plan is to give everyone as
much time as possible to review and prepare for the
debates at the Business Sessions.
  I urge you all to plan on participating in the Busi-
ness Sessions of the Section. We are one of the rare
professional organizations which establishes its policy
positions by open debate of the membership. This
gives all members the opportunity to participate di-
rectly in the policy-making process and to have the
educational benefit which flows from the debate.

Progress of the Trademark Law
Revision Act of 1987-S. 1883
  S. 1883 (see the Spring 1988 newsletter and our
supporting statement) passed the Senate on May 13.
As passed, the bill was amended from the original
form in that it deleted the provision making action-
able the omission of material information from ad-
vertising. A counterpart bill, H.R. 4156, has been
authored in the House by Congressman Kastenmeier
and is presently in committee. The House bill corre-
sponds to the original unamended version of the Sen-
ate bill. I have written Congressman Kastenmeier's
office expressing our support for the bill and provid-
ing him with the statement and question answers which
I made to the Patents, Copyrights and Trademarks
Subcommittee of the Senate Judiciary Committee.

WIPO Committee of Experts
Meeting on Harmonization of the
Laws for the Protection of Inventions
   As I am writing this, I am about to embark for
 Geneva, Switzerland, for the Fifth Session of the
 Committee of Experts on Harmonization. I will be
 joined by our Vice Chairman Harry F. Manbeck, Jr.,
 and Committee 108 Chairman Leonard B. Mackey.
 We will be expressing the Section position, as pro-
 vided by 1987 Resolution 102-1 which provided:
                             (continued on page 8)


Copyright ©b 1988 American Bar Association


Produced by the ABA Press

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