"Providing an informed, reasoned and dispassionate

voice to the global public debate..."

Feb. 2014 - ITSSD Preparation of Subject Matter Discussion Draft Outline for Use by Joint Trade/IP/Investment Panelists Participating at 2014 IPBA Annual Meeting Conference by Panelists Participating on Joint Trade/IP/Investment Panel Scheduled for May 9, 2014, Vancouver, British Columbia, Canada (donated by The Kogan Law Group, P.C.)


ITSSD Programs - Theme #2 (2014)

Strong Intellectual Property Right Protections

Jan. 2014 - ITSSD Presentation at: Annual Meeting, New York State Bar Association Intellectual Property Section, New York, NY, Panel - International Changes In IP: Chaos or the New Normal?, > Global Efforts to 'Rebalance' Private and Public Interests in Intellectual Property: Chaos IS the New Normal, ​(revised and supplemented presentation donated by The Kogan Law Group, P.C.)
​Industry
Theme #2:  Regional and national 'public interest' rules that diverge from consensus-based international standards should be scientifically and economically justified, should not discriminate between technologies and products incorporating them based on whether they employ a proprietary or non-proprietary business model, and should not otherwise unnecessarily burden, curtail or impose obstacles to the market access of such products, or the exercise and/or use of underlying intellectual property rights and/or assets.

Regional and national regulations promulgated to ensure universal access to healthcare, environmental, and information and communication technologies, the products in which they are incorporated, and the proprietary intellectual property (including related undisclosed technical information and know-how) underlying them at concession rate prices, can effectively constitute indirect regulatory 'takings' (indirect expropriations) of exclusive private property rights in contravention of international, regional and bilateral trade and investment agreements, especially when they are enacted for other than a bona fide legitimate public policy (disguised protectionist) purpose.