Perspective

I continue to see this collaboration in the multitude of volunteer efforts that my fellow ABA-IPL members bring to our profession and to society. Education, advocacy, outreach, and diversity are just a part of what this community of experts continues to champion. Each year our Section furthers many advocacy initiatives to help shape IP policy domestically and internationally and to educate our members—helping them navigate through the new challenges presented by our changing laws. These are tumultuous times for IP law. This year alone we have seen the Supreme Court review a record number of IP cases and more are on the horizon. We have seen an increase in the cases heard by the Patent Trial and Appeal Board (PTAB) but legislative changes did not end with the passing of the America Invents Act in 2011. The legislature, the U.S. Patent and Trademark Office (USPTO), and the courts have become very interested in the laws and regulations that affect our work. Congress has been and will continue to be focused on abusive trade secret, copyright, and patent litigation related legislation. The Section will continue to be engaged and to be a trusted resource in these and other policy matters.

Our Section’s views and advocacy initiatives carry a powerful impact. [See this issue, p. 8-12, Highlights of the 2015-16 Association Year]. For example, based on grassroots work from our trade secrets committee that examined the issues, last fall the Section sent a letter to the U.S. Senate and U.S. House of Representatives, supporting enactment of the Defend Trade Secrets Act of 2015. This spring during the Senate colloquy between Senators Hatch and Coons, Senator Hatch mentioned our support and introduced our letter into the Congressional Record. ABA-IPL and its committees will continue to follow the impact of this key legislation.

On the international front, we are seeing many changes to international laws that affect our global IP practice. This Section will continue to focus on educating our members and providing them with necessary tools in this ever changing environment with its agendas, rules, and regulations. The changes to the IP practice in an accelerated worldwide economic consolidation have required corporate IP teams to adopt new business methods and approaches to capture, protect, and monetize corporate IP assets. And new emphasis on international markets has increased our need to be in in the decision-making loop.

As a corporate IP attorney in this environment, I welcome an opportunity to share a bit of my own experience. When there are foreign legal IP issues involved, it is key to have a formal process for foreign legal issues to flow through so that an IP attorney can identify jurisdictional-specific IP concerns and issues. One way for corporate attorneys to handle this increased workload within a tight budget is to become familiar with the basic IP laws of the main jurisdictions of responsibility and their differences from each other—an approach that allows a corporate IP attorney to spot potential issues and to get resources set up to handle those issues early on in a deal. For example, if export regulations are an issue for one’s company, then the flow of technological data indicates where an international patent may need to be filed. Our Section’s international committees, publications, and programs offer an advantage for broadened networks of information and resources.

As members, you have a variety of opportunities to choose from—and you can decide just what would benefit you most from your affiliation. It is an honor and a privilege to be ABA-IPL Section chair and to represent all of our members.