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U.S. Joins Trademark Treaty, With A Hitch
by William New
The United States has formally completed the process of joining an international agreement on the registration of trademarks but will require a special form for other participating countries to get their marks recognized in the United States.
Kamil Idris, director general of the World Intellectual Property Organization (WIPO), issued a statement on Tuesday that welcomed the United States to the agreement known as the Madrid Protocol Concerning the International Registration of Marks. The protocol to the original Madrid treaty makes it possible to file a single application for, or to register, a trademark in the United States and get it recognized in other countries that sign the treaty.
"The accession of the United States to this agreement will make the system of international trademark registration more inclusive and will offer businesses and individuals in both the United States and elsewhere a simple, affordable and efficient way of obtaining and maintaining their trademarks," Idris said.
President Bush signed the formal document on Friday, and Lynne Beresford, U.S. deputy commissioner for trademark policy, said in an interview that the United States is going to effectively join the protocol. WIPO member countries now have 30 days to prepare for the U.S. accession to take effect. Aug. 2 was the earliest possible date to file the document in order for the treaty to take effect on Nov. 2, the earliest date designated by Congress.
But while other countries recognize a standard form for applications, the United States will require people in other nations that have signed the treaty to complete a special form stating that they want to extend trademark protection to the United States and a signed declaration that they intend to use the mark in the United States, Beresford said.
The Madrid protocol first took effect in 1996, but U.S. ratification was delayed for years over a legal dispute involving a trademark for Cuban rum.
Chamber Opposes Choice-Of-Courts Draft
The International Chamber of Commerce (ICC) has launched a lobbying campaign against a European Commission proposal on choosing which nations' courts would have jurisdiction in cross-border, non-contractual civil disputes.
The ICC opposes a general tenet of the draft regulation, known as "Rome II," that such disputes be heard in courts of the country where "damage arises or is likely to arise." The chamber argues that that principle could hinder e-commerce by opening the door to legal disputes anywhere.
"This regulation would be a nightmare for any business offering services on the Internet," said Jonas Astrup, ICC policy manager for commercial law and practice.
The business group is urging that the laws of the country where the business is physically located or where it has sold products or services. The ICC said a formal clarification from the European Union that Rome II would not affect the jurisdictional principle enshrined in the EU e-commerce directive is not sufficient.
Study Examines Tech, Regulatory Link
Countries with more regulation on products and labor have had lower shares of investment in information and communications technologies, the Organization for Economic Cooperation and Development (OECD) found in a new report.
The report announced Tuesday draws from OECD research and private-sector studies conducted in 13 developed nations from North America, Europe and Asia. OECD consists of 30 developed countries. The report also found that productivity growth remained strong in countries such as the United States, Australia and Canada that have had strong investment in the tech sector but that it has weakened in other countries that also had strong investment in the sector.
The OECD recommended that governments focus on ensuring the "right regulatory environment is in place to reap maximum advantage" of technology networks.
The group also released a separate report suggesting that European countries that promote competition among telecommunications and cable providers see faster adoption of high-speed Internet services. The report cautioned against governments artificially supporting the telecom industry as a way to encourage more deployment of broadband infrastructure.
The report showed that Belgium has overtaken Germany as a more competitive environment for broadband growth, and almost all Belgians have access to broadband service that is six times faster than the transmissions available in France or Britain.
The United States has fallen from third to tenth in the OECD rankings, mainly because prices and speeds offered by U.S. telephone companies have not stayed competitive with those offered by cable. Asian markets have taken the global lead thanks to government promotion of competition, the report said.
Telecom Competition In Central, Eastern Europe
Delays in implementing telecom regulations are hindering competition in Central and Eastern Europe, according to a study by IDC analysis group.
Regulations that are lagging cover areas such as pre-selection of telecom carriers, the "unbundling" of various services offered at the local level, and fair charges for completing calls within countries, the study concluded.
Of 16 countries studied, 11 have formally opened their telecom markets to more competition from foreign firms. Only two countries, Bosnia-Herzegovina and Albania, have "no clear plans on how to proceed with liberalization, though they intend to do it," IDC said.
But formal liberalization does not automatically mean competition has been introduced into the market, the group noted.
Estonia and the Czech Republic have been the most aggressive in implementing rules, mostly along the lines of the European Union, the study showed. They also have established independent regulators with sufficient authority and will to implement pro-competitive policies.
London Seeks To Lead 'Knowledge Economy'
The London Development Agency has announced a plan to turn the city into the world's leading "knowledge economy" by 2006.
The plan calls for the introduction of a network of experienced "knowledge angels" to provide one-on-one support to individuals and small businesses. It also proposes innovation grants for small London firms, the creation of a flagship innovation center to harmonize advice and support services, a program to help young people identify opportunities in innovation, and seed funding for projects emerging from London colleges and universities.
Separately, European Research Commissioner Philippe Busquin last week announced the launch of a "Regions of Knowledge" test project with a first-year budget of roughly $2 million. The initiative intends to support knowledge-based regional development projects.
U.S.-Australia Deal Expected This Year
The United States and Australia are on track to complete negotiations on a free-trade agreement by the end of the year following the third round of talks last week in Honolulu, the Australian Embassy said this week.
Australia will make requests for access to certain U.S. markets later this month, the embassy said. "I would expect the U.S. to respond constructively to our requests before the fourth round of negotiations in Canberra in October," Australian Trade Minister Mark Vaile said in an embassy report. Canberra is Australia's capital city.
Elsewhere on the trade front, following the U.S. Congress' votes for a trade agreement with Chile, that country's Lower House was expected to begin debate on a deal Chile signed with South Korea this week before addressing the U.S. agreement in early September.
Chilean President Ricardo Lagos has expressed confidence the U.S. deal will be in place by Jan. 1, according to the Center for Strategic and International Studies Americas program.
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