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Committee
News
Special Committee on Diversion of PTO Funds (Committee
155)
Heath W. Hoglund and
Thomas E. Spath, Co-Chairs
Last year as part of the Fiscal Year 2005 appropriation to
the PTO, Congress imposed a two-year increase on PTO fees. These increased fees
are intended to fund the implementation of its 21st Century Plan and are needed
by the PTO to reduce pendency and increase quality. The President’s recently
released budget for Fiscal Year 2006 (see “Legislative Update” below)
proposes making these increases permanent. Because PTO fees have for too long
been the subject of diversion for other spending priorities, the Special Committee
on Diversion of PTO Funds is working to ensure that any extension of these increases
includes anti-diversion legislation.
April 28th is ABA day, and members will lobby Congress on a range of important
issues. Join our efforts to encourage Congress to pass anti-diversion legislation.
If you can be in Washington, D.C., please send an e-mail to our committee co-chair,
Heath Hoglund, at: email@hhoglund.com.
If you cannot participate in person, please send an e-mail to your congressional
representatives to express the importance of tying any extension of the increased
PTO fees to anti-diversion legislation.
IP Licensing (Committee 413)
Gloria Archuletta and
George A. Frank, Co-Chairs
and Ethics and Professional Responsibility
(Committee 502)
Carol M. Langford, Chair
Section Committees 413 and 502 converged along
with other experts in the IPL community to formulate a cross-border
trademark-licensing checklist. The Standing Trademark Licensing
Subcommitttee of Committee 413 (IP Licensing) is focusing on cross-border
issues that might arise in negotiating trademark licenses. Committee
413 is co-chaired by George A. Frank of Drinker Biddle & Reath
and Gloria Archuletta of Cingular. Committee 502 (Ethics and Professional
Responsibility), chaired by Carol M. Langford, was approached by
the Trademark Licensing Subcommittee of Committee 413 to comment
on a working draft checklist on cross-border trademark licensing
issues from a professional responsibility perspective. As a result,
Committee 502 elicited the assistance of Ethan S. Burger, Scholar-in-Residence,
School of International Service and Adjunct Associate Professor
at the Washington College of Law, America University. He substantially
contributed to the efforts of Committee 502 in submitting substantive
comments on the licensing checklist. The Trademark Licensing subcommittee
also elicited the outside assistance of Michael A. Epstein, one
of the co-editors of Drafting License Agreements (Aspen
Law & Business 1996, 3rd ed.), a nationally recognized expert
in this area. Among the members of the Trademark Licensing Subcommittee,
Paul Jones, Barrister, Solicitor & Trademark Agent in Toronto,
and Mitchell S. Bompey, Executive Director, Morgan Stanley (Law
Department), New York, substantially contributed both a corporate
and international perspective on the issues.
The multi-disciplinary approach to this project is noteworthy for bringing
together perspectives from two different Section committees, academic scholars,
corporate in-house counsel, overseas members, and one of the editors of the
leading treatises in the substantive area of law being addressed. This diverse
and broad range of perspectives should converge together to yield an insightful
work product. For instance, Mr. Burger pointed out that the Department of Commerce
(DOC, usually the International Trade Administration) and DOC's foreign service
often have practical knowledge that could be helpful, and its personnel will
often be more forthcoming than other lawyers and the advice is almost always
free (which is appreciated by clients).
Leading the charge on this multi-disciplinary project is Jonathan Matkowsky
of Darby & Darby, chair of the Trademark Licensing Subcommittee, with guidance
from Carol Langford of the University of San Francisco School of Law and The
Law Office of Carol M. Langford.
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