On April 12, 2016, the Office of the United States Trade Representative (USTR) released its 2016 Special 301 Report (Report) reviewing the state of intellectual property rights (IPR) protection and enforcement in U.S. trading partners around the world. Following extensive research and analysis, the Report placed eleven (11) countries on the priority watch list and twenty-three (23) on the watch list Russia remains on the Priority Watch List in 2016 as a result of continued and significant challenges to IPR protection and enforcement. The Report indicates that IPR is not a priority for government officials in Russia, and that IPR enforcement continued to decline overall in 2015. In particular, the Report expresses concerns regarding copyright infringement, trademark counterfeiting, and non-transparent collecting society procedures.Copyright infringement remains a persistent problem in Russia. Specifically, online privacy appears to be a pervasive issue. Although … [Read more...] about An Overview of the USTR’s 2016 Special 301 Report on the State of IPR in Russia
12 states of matter
In this post, we continue to examine the Office of the United States Trade Representative (USTR) 2016 Special 301 Report (Report) released on April 12, 2016. Following extensive research and analysis, the Report placed eleven (11) countries on the priority watch list and twenty-three (23) on the watch list. Argentina remains on the Priority Watch List in 2016.The Report indicates that a major challenge in Argentina is the lack of effective IPR enforcement by the national government. Argentine police do not take ex officio actions, prosecutions frequently stall, and cases may languish in excessive formalities. Furthermore, even if criminal investigations reach final judgment, sentences are not sufficient to deter future infringement.Argentina continues to struggle with rampant counterfeiting and piracy. The notorious La Salada market in Buenos Aires is one of the biggest open-air markets in Latin America offering counterfeit and pirated goods. The city of Buenos Aires … [Read more...] about Overview of USTR’s 2016 Special 301 Report on State of Inter Partes Review in Argentina
The Nominating Committee of the ABA House of Delegates announced in February its candidates to hold the association’s top two leadership posts.The Nominating Committee also announced its choices for 12 seats on the Board of Governors, which oversees the ABA’s administrative operations and addresses certain policy matters between meetings of the policymaking House of Delegates.The House will vote on the nominees in August when it convenes at the 2012 annual meeting in Chicago. The Nominating Committee’s selections are virtually assured of being elected by the House.Under the ABA Constitution, the association’s presidents are not actually elected to that office. Rather, the House elects a candidate—invariably, the choice of the Nominating Committee—to the office of president-elect. After a year, the president-elect automatically becomes ABA president.Accordingly, James R. Silkenat will serve as president-elect after he is formally elected by the House … [Read more...] about ABA Announces Nominations for Two Highest Offices and 12 Board of Governors Seats
The House of Representatives reconvened in Washington last Tuesday. The Senate reconvenes today. President Barack Obama will address a joint session of Congress on Tuesday when he gives the annual State of the Union. Last week, the White House’s Office of Management and Budget announced the President would release his Fiscal Year (FY) 2017 Budget Request on 9 February.IranU.S. lawmakers continue to advocate for new sanctions to be imposed on Iran for violations of U.N. Security Council Resolutions when it tested a ballistic missile in October 2015. The Obama Administration, however, is making every effort to secure implementation of the Joint Comprehensive Plan of Action (JCPOA), and President Obama is expected to veto any sanctions legislation that may threaten the agreement. The Administration is expected to ease sanctions under the terms of the JCPOA in the first quarter of 2016, after the International Atomic Energy Agency (IAEA) … [Read more...] about Congress Focuses on Nonproliferation (Iran, North Korea); President Obama Focuses on State of Union Address
This week, we have posted about two commodity enforcement trends. Yesterday, Judge Harry D. Leinenweber of the United States District Court for the Northern District of Illinois issued his opinion on the defendant’s motion to dismiss in the matter of the United States of America v. Michael Coscia, Case No. 14 CR 551. The decision is not remarkable, insofar as it is a motion to dismiss that takes the allegations of the criminal indictment as true, but it is instructive. Following are a few of the pertinent highlights.The Commodity Exchange Act’s Anti-Spoofing Provision is not void for vagueness. Coscia had argued that 7 U.S.C. §§ 6(c)(a)(5)(C) and 13(a)(2) were void, under the Due Process Clause of the United States Constitution, because they failed to provide a person of ordinary intelligence with fair notice of what constitutes “spoofing.” Judge Leinenweber disagreed with the defendant, holding that, among other things, the Commodity Futures … [Read more...] about What You Need To Know About United States of America v. Michael Coscia re: Commodity Enforcement Trends
Through the ABA Journal’s monthly 10 Questions feature, reporter Jenny B. Davis spent 2016 speaking to legal professionals of all different backgrounds and walks of life. Here are the 12 fascinating people we got to know this year, along with an abridged introduction and some of the questions they answered.Roberta Kaplan: From lesbian moms to Airbnb, she makes sure laws keep pace with changeRoberta Kaplan could be described as a specialist in emerging law. She litigates cases that shape the legal structure within which Americans live, love, work and hail cabs. A Paul, Weiss, Rifkind, Wharton & Garrison partner in New York City, she successfully argued U.S. v. Windsor before the U.S. Supreme Court in 2013, winning a landmark verdict that struck down the Defense of Marriage Act. Her book about the case, Then Comes Marriage: United States v. Windsor and the Defeat of DOMA, was published last fall. And she’s achieved significant legal victories on behalf of … [Read more...] about 12 months of 10 Questions: Meet some of the fascinating lawyers we profiled in 2016
In Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc., 2013 WL 2248970 (6th Cir. May 23, 2013), the United States Court of Appeals for the Sixth Circuit held that a claim alleging a false statement of opinion or belief in a registration statement may proceed under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, despite the absence of allegations suggesting that the defendants did not actually hold the opinion or believe the statement. In reaching this decision, the Sixth Circuit declined to follow decisions by the Second Circuit (see Fait v. Regions Financial Corp., 655 F.3d 105 (2d Cir. 2011) [blog article here]) and Ninth Circuit (see Rubke v. Capital Bancorp Ltd., 551 F.3d 1156 (9th Cir. 2009) [blog article here]) holding that a Section 11 complaint which fails to allege that the defendant did not actually believe the false statement or hold the opinion at issue would … [Read more...] about Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants’ State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933
In the decision referred to above, a two judge Bench of the Supreme Court held as follows:-Para 33:- “For the time being, we are concerned with four categories of witnesses – a third party disinterested and unrelated witness (such as a by-stander or passerby); a third party interested witness (such as a trap witness); a related and therefore an interested witness (such as the wife of the victim) having an interest in seeing that the accused is punished; a related and therefore an interested witness (such as the wife or brother of the victim) having an interest in seeing the accused punished and also having some enmity with the accused”. (Emphasis supplied)Nevertheless, the Bench observed further as follows:-“But more than the categorization of a witness, the issue really is one of appreciation of the evidence of a witness. A court should examine the evidence of a related and interested witness having an interest in seeing the accused punished and also … [Read more...] about Who is an Interested Witness? IS Raju alias Balachandran and others vs. State of Tamil Nadu (AIR 2013 SC 983) Correctly decided ?
“Kollam, Kerala; February 10, 2014: Ajay Henry, 22, who died following a car accident at Madannada Junction on the wee hours of 8th January 2014, was rushed to the Kollam District Hospital for treatment and to save his life. It was very unfortunate that there was total medical negligence resulting in the loss of life of a youth of 22 years, who could be of great value and service to the society. Although Ajay was rushed to the Kollam District Hospital just minutes after the car accident, there were no doctors present at the hospital’s casualty wing. What’s more alarming is that the deceased was made to sit in a wheelchair for more than an hour. There are living witnesses to this fact and they are non other than Ajay’s four friends who rushed him to the hospital and stood with him in the hospital till his last breath. He was later transferred to Medical College Trivandrum upon Doctor’s arrival; however his friends insisted that he was … [Read more...] about ‘Justice for Ajay Henry’, and many others – state of emergency medical care in India
“D arshanatsparshanatpanattaha gangati keertanat punatyapunya purushana shatashotha” The holy sight of Ganga river gives knowledge, splendour, name, fame etc. The gravest of sins like Bramhatya (killing of Brahmin) and Gauhatya ( killing of a cow) get absolved by the mere touch of Ganga holy water, reads the above mentioned shloka. India can be categorised as the only country where river is more than a river, more than water, more than a source of life, more than any role that a river plays in anyone’s life. The holy river Ganga is said to have Lord Shiva’s spirits in its core, is devotionally worshipped by the Indians. There is a famous saying that “all the religions had their growth between Ganga and the Euphrates.” In the holy place haridwar, Ganga after escaping from the giant Himalayas partakes of the ancient rituals, receives the blessings and begins her work in earnest, with a renewed devotion, as she enters the plain, from where … [Read more...] about Is Interlinking of Rivers a Violation of International Environmental Law?