International

USPTO and WIPO agree to partner on dispute resolution efforts related to standard essential patents

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WASHINGTON — The United States Patent and Trademark Office (USPTO) and the World Intellectual Property Organization (WIPO) today agreed to undertake joint efforts to facilitate the resolution of disputes related to standard essential patents.

Standard essential patents, or SEPs, are patents that have been declared essential to a given technical standard. As part of the standards-setting process, patent owners may agree to license SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms. Standards touch all aspects of modern life and include video compression, wireless communication technologies, computer connection standards, automotive technology, and more.

“International standards, and the role of patents that are essential to them, play an important role in promoting a strong national and global economy,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “The USPTO is grateful that Director General Tang recognized the USPTO’s leadership role in advancing discussions on standard essential patent policies. Our work with WIPO underscores the USPTO’s view that SEP policy is an international issue of international importance. This agreement will leverage existing resources at both the USPTO and WIPO, supporting options to enhance the efficiency of licensing of standard essential patents, and promote resolution of disputes related to those standards.”

The signing of the memorandum of understanding occurred during a meeting this week between Director Vidal and WIPO Director General Daren Tang on the sidelines of WIPO’s General Assembly in Geneva, Switzerland.

Under the terms of the agreement, the USPTO and WIPO will:

  • Cooperate on activities that will lend efficiency and effectiveness to the resolution of disputed standard essential patent matters by leveraging existing WIPO Arbitration and Mediation Center and USPTO resources, and
  • Engage in stakeholder outreach to raise awareness of the services provided by the WIPO Arbitration and Mediation Center through joint USPTO-WIPO programs.

The agreement will continue in operation for five years from the date of signing.

“We appreciate all the work Director General Tang and WIPO have done in this critical area. We look forward to a successful collaboration and engaging stakeholders to ensure we shape dispute resolution that will facilitate participation and implementation of standards by all innovators including small to medium-sized enterprises,” remarked Director Vidal.

“Alternative Dispute Resolution (ADR) has time and again demonstrated its value in the efficient and timely resolution of commercial disputes. In the last few years, the WIPO Arbitration and Mediation Center has been facilitating the resolution of SEP-related disputes and the new collaboration with the USPTO is an exciting development which will contribute to improving the efficiency of standard implementation,” noted Director General Tang.

Gina Raimondo Meeting with Japan’s Minister of Economy, Trade and Industry Hagiuda Koichi

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Today, Secretary of Commerce Gina Raimondo and Japan’s Minister of Economy, Trade and Industry Hagiuda Koichi held an introductory meeting via teleconference.

The Secretary congratulated the Minister on his recent reappointment by the Prime Minister. The Secretary and Minister discussed opportunities to grow the U.S.-Japan commercial relationship. They also discussed collaborative efforts to improve supply chain resilience and cooperation on digital technology. The Secretary also thanked the Minister for his efforts to encourage continued Japanese investment in the United States and for the strong participation from Japanese investors at the SelectUSA Investment Summit.

USTDA Announces New Commitments at 2021 Indo-Pacific Business Forum

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Arlington, VA – Today, the U.S. Trade and Development Agency announced a series of new commitments and initiatives at the Indo-Pacific Business Forum (IPBF) that will deepen economic ties between the United States and the Indo-Pacific region.

“For nearly 30 years, USTDA has been the partner of choice for the Indo-Pacific region’s infrastructure development, especially in the areas that are the focus of this year’s Indo-Pacific Business Forum, including climate resilience, energy, digital economy and healthcare infrastructure,” said Ambassador Vinai Thummalapally (ret.), USTDA’s Acting Director. “Hosting the Forum highlights our commitment to building lasting partnerships with this vital part of the world.”

During the IPBF, USTDA announced new funding commitments, including a feasibility study to develop four utility-scale solar generation plants with the Philippines’ Rural Electrification Finance Corporation and technical assistance to help Vietnam’s Ecotek Corporation transform its Ecopark Township into a cutting-edge smart and sustainable city.

In addition to these commitments, USTDA announced a call for aviation proposals to support new aviation infrastructure in Southeast Asia and the Pacific Islands. Interested U.S. firms as well as Southeast Asian and Pacific Island aviation stakeholders are encouraged to submit initial proposals for feasibility studies, technical assistance and pilot projects to develop airport, airspace, airline and other aviation infrastructure to USTDA by January 10, 2022.

The USTDA-sponsored IPBF is co-hosted by the U.S. and Indian governments, in collaboration with the Confederation of Indian Industry, the Federation of Indian Chambers of Commerce and Industry, U.S. Chamber of Commerce, U.S. India Business Council, U.S. India Strategic Partnership Forum, AMCHAM India, and the U.S.-ASEAN Business Council.

Gina Raimondo Meeting with with Minister for Development Cooperation and Foreign Trade of Finland Ville Skinnari

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Today, Commerce Secretary Gina Raimondo met with Minister for Development Cooperation and Foreign Trade of Finland Ville Skinnari to discuss how best to utilize the goals and objectives set during the 1stU.S.-EU Trade and Technology Council ministerial to reinforce and strengthen bilateral and multilateral efforts. The Secretary also expressed appreciation on behalf of the Department of Commerce for Finland’s cooperation on efforts pertaining to important technologies, including 5G. The Secretary and Minister also discussed other topics important to the U.S.-Finland commercial relationship, including technology supply chains.