Legislative Notices from IP Legislative Consultant on behalf of
Hayden Gregory
This is the Legislative Newsletter provided by the ABA Section of Intellectual Property Law, as legislative news develops. This Newsletter is available to any member of the ABA-IPL Section. See the end of this message for information on how to unsubscribe.
Bill to End Broadcasters' Copyright Exemption Advances in Senate
On October 15, the Senate Judiciary Committee marked up and ordered favorably reported S. 379, the "Performance Rights Act." S. 379 and H.R. 848, a companion bill in the House, would amend copyright and compulsory licensing laws to apply the performance right in a sound recording to all audio transmissions, thereby removing the exemption on paying performance royalties currently in place for over the air broadcasters.
Obama Administration Speaks Out on Patent Law Reform
The Obama Administration released its first formal expression of views on patent law reform on October 5, two months after David Kappos was confirmed by the Senate and took the reins of the USPTO. The Administration’s views are contained in a letter from Secretary of Commerce Gary Locke to Congress on S. 515, the “Patent Reform Act of 2009.” A copy of Secretary Locke’s letter to the Chairman and Ranking Minority Member of the Senate Judiciary Committee is attached.
Top Management Changes at USPTO
USPTO Director David Kappos today announced major changes in the top management of the Patent Office. Commissioner of Patents John Doll is retiring effective October 2. He will be succeeded by Robert Stoll, a 27 year veteran of the Office who has served in top management positions, including Executive Assistant to the Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, and Administrator of the Office of Legislative and International Affairs. Peggy Focarino will serve as Deputy Commissioner for Patents.
The Commissioner of Patents is appointed by the Secretary of Commerce following nomination by the USPTO Director. Secretary Locke has indicated that he will appoint Stoll when Commissioner Doll's retirement becomes effective. Further details on the impending changes are contained in the media release issued by the Office today http://www.uspto.gov/web/offices/com/speeches/09-15.htm
Senate Confirms Nomination of David Kappos As USPTO Director
On August 7, the U.S. Senate confirmed the nomination of David J. Kappos to be Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office. The Kappos nomination was one of numerous presidential appointments that were approved en bloc by the Senate in its final act on August 7 before adjourning under September 8.
Congress Clears Bill to Allow Borrowing of Trademark Funds for Patent Operations
On July 16, the Senate passed H.R. 3114, a bill to allow the Director of the USPTO to borrow funds from trademark operations to support patent related activities. The bill is unchanged from the text passed by the House of Representatives on July 7, thus clearing H.R. 3114 for the White House and signing into law.
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