|Gutierrez Discusses WTO, IPR, and
High Tech in Russia
4/5. Secretary of Commerce
Carlos Gutierrez gave a
speech in Moscow, Russia, regarding trade and Russian accession to the
World Trade Organization (WTO). He urged
Russia to protect intellectual property, resist protectionism, and provide a
stable environment for investment and competition. He also said that the U.S.
and Russia should have "a stronger partnership in ... high technology".
Gutierrez (at right) began by praising
Russia. He said that "U.S.-Russia commercial ties are stronger and more dynamic than
He continued that "The next step for Russia is World Trade Organization
accession. Russia is the world's largest economy not yet in the WTO. The United
States has been working side-by-side with Russia to achieve WTO membership. Last
November, Minister Gref and U.S. Trade Representative Susan Schwab signed a
bilateral market access agreement." (See, story titled "US and Russia Sign
Bilateral Market Access Agreement" in
TLJ Daily E-Mail
Alert No. 1,493, November 21, 2006.)
He then gave advice to Russia on a number of issues, including intellectual property
rights (IPR). He said that "Russians and Americans, like the rest of the world's
people, stand to benefit from stronger enforcement of intellectual property.
"Around the globe we have seen that stolen intellectual property is not only
an economic hazard, stifling innovation technological innovation, and
discouraging works of culture in music and the arts, but also a health hazard."
He elaborated that the World Health Organization
(WHO) "estimates that 10 percent of global medicine is counterfeit." (See, WHO
report on counterfeit
He added that "Tough IP enforcement will protect Russian businesses and their
ideas, like this country's resurgent film industry, and it will also protect
Gutierrez continued that "Expansion of Russian commercial engagement with
America and globally requires transparent markets that embrace foreign and
domestic competition." He encouraged the Russia government to curb corruption,
increase transparency, allow competition, provide an independent judiciary and
adhere to the rule of law, and develop democratic institutions.
He argued that "As Russia becomes more prominent on the global stage,
creating and maintaining a level playing field that encourages competition will
attract more investment and ensure that Russian companies can successfully
thrive at home and abroad."
Moreover, he said, "Transparency and predictability in regulations and laws
governing investment would send positive signals to potential partners in both
our countries. Capital allocators look for secure, predictable markets, and they
watch with concern where uncertainty exists."
He also urged Russia to resist calls to protect domestic interests or whole
segments of the economy with protectionist policies. He said that "Protectionism
often has the unintended consequence of limiting access to capital, technology
and know-how, and sheltering companies and entire industries from competition
that sparks innovation and drives efficiency. Protectionism doesn't protect jobs
-- the only thing that does is to compete, innovate and grow."
Finally, he said that "The United States and Russia should have a stronger
partnership in ... high technology ..." and that "There have been tremendous
technological advancements from which Russian companies could greatly benefit."
|FCC Creates Communications
Security, Reliability and Interoperability Council
4/4. The Federal Communications Commission (FCC)
notice in the Federal Register announcing the creation of an advisory
committee titled "Communications Security, Reliability and Interoperability
The FCC stated that this committee will replace both the Network Reliability and
Interoperability Council (NRIC) and the Media Security and Reliability Council (MSRC).
The FCC further stated that the duties of this new committee will include recommending
best practices "to ensure the security, reliability, operability and interoperability
of public safety communications systems", and recommending ways to "improve the
Emergency Alert System (EAS)".
Its duties will also include "reviewing the deployment of Internet Protocol (IP) as
a network protocol for critical next generation infrastructure, including emergency/first
It duties will also include "reviewing and recommending to the FCC an implementation
plan for the ``emergency communications internetwork´´ advocated by NRIC VII, Focus Group
1D in its December 2005 Final Report." See, NRIC's December 16, 2005,
report [71 pages in PDF] titled "Communication Issues for Emergency Communications
Beyond E911: Final Report -- Properties, network architectures and transition issues for
communications between emergency services organizations, including PSAPs".
See, Federal Register, April 4, 2007, Vol. 72, No. 64, at Pages 16362-16363.
|Copyright Office to Begin
4/5. The Copyright
Office (CO) published a
page in its web site that announces that starting "This summer" it will
"offer the option to file a copyright registration online through this website".
The CO has named this program "electronic Copyright Office" or "eCO".
The basic filing fee for many copyright registrations is
$45. The corresponding fee for online applications will be $35.
The CO states that this new system will facilitate "Fastest processing time",
"Earlier effective date of registration", "Online status tracking",
and "Payment online by credit card or Copyright Office deposit account".
The CO also stated that it will begin using new
registration forms on July 1, 2007. However, it has not yet released copies of
these new forms. The CO added that "With new scanning software, the Office will
be able to process these forms more efficiently and faster."
The CO states in a
web page titled "The U.S.
Copyright Office Reengineering Program" that "The reengineering initiative aims
to produce a more efficient and effective customer-based registration and
recordation process through specific project objectives. It will reshape the
Office’s future and its services to creators and users of copyrighted works. The
focus of this effort is to reengineer the Office’s principal business processes
and public services of registering claims, recording documents, acquiring works
for the Library of Congress, answering public requests, maintaining records and
accounts, and processing licenses."
While the CO's new eCO system will enable authors to
register works online, the Congress and CO have yet to provide clear rules for
how to register web based works with the CO. The CO's registration system
predates the internet. Its categories of works, such as nondramatic literary
works and works of visual arts, and its multitude of forms, do not provide
guidance regarding registration of works of authorship in new media.
One consequence is that authors may loose a cause of action
for infringement on the grounds that they failed to comply with registration
procedure. See, for example,
pages in PDF] of the U.S. Court of
Appeals (8thCir) in Action Tapes v. Mattson, and
titled "8th Circuit Rules Against Copyright Owner on Registration Errors" in
TLJ Daily E-Mail
Alert No. 1,445, September 8, 2006. Also, the CO's regulations regarding
registration are codified at 37 C.F.R. §§ 202.1 - 202.23.
|People and Appointments
4/4. Robert Jamison was promoted to Deputy
Under Secretary for the National Protection and Programs Directorate at the
Department of Homeland Security (DHS). The DHS stated
in a release that
his responsibilities will include improving "the resiliency of essential
cyber-security and communications capabilities". Jamison was previously Deputy
Assistant Secretary for the Transportation Security Administration (TSA). Before that,
he worked for the Department of Transportation. And before that, he was a longtime employee
of United Parcel Service (UPS).
4/4. Robert Mocny was promoted to Director of the
Department of Homeland Security's (DHS) U.S. Visitor and Immigrant Status Indicator
Technology (US-VISIT) program. He was Deputy Director of US-VISIT. See, DHS
4/3. Richard Sennett was named Chief Accountant of
the Securities and Exchange Commission's (SEC)
Division of Investment Management. See, SEC
4/5. The Federal Trade Commission (FTC) submitted a
pages in PDF] to the Congress
titled "Annual Report to the Congress for FY 2006 Pursuant to the Do Not Call
Implementation Act on Implementation of the Do Not Call Registry". The
report states that "The National Do Not Call Registry is, by virtually every
available measure, an effective consumer protection initiative. By the end of FY
2006, more than 132 million telephone numbers were registered. The available
data show that compliance with the National Do Not Call Registry provisions of
the Amended Telemarketing Sales Rule ("Amended TSR") is high and that, as a
result, consumers are receiving fewer unwanted telemarketing calls." (Footnote
omitted. Parentheses in original.) See also, FTC
4/4. The Copyright Office published a
notice in the Federal Register that announces, describes, recites, and sets the comment
deadline for its proposed rules changes regarding applications for registration of claims
to the renewal term of copyright. The deadline to submit comments is May 4, 2007.
See, Federal Register, April 4, 2007, Vol. 72, No. 64, at Pages 16306-16311.
|Washington Tech Calendar
New items are highlighted in red.
|Monday, April 9
Deadline to submit affidavits to the
Copyright Office (CO) to assist it in compiling
a new specialty station list "to identify commercial television broadcast
stations which, according to their owners, qualify as specialty stations for purposes of
the former distant signal carriage rules" of the
Federal Communications Commission (FCC). This list is relevant to the cable
compulsory license, which is codified at
17 U.S.C. § 111. The CO requests that "all interested owners of television
broadcast stations that qualify as specialty stations, including those that
previously filed affidavits, to submit sworn affidavits to the Copyright
Office stating that the programming of their stations meets the requirements
specified under the FCC regulations in effect on June 24, 1981." See,
notice in the Federal Register, February 8, 2007, Vol. 72,
No. 26, at Pages 6008-6010.
Deadline to submit reply comments to the Federal
Communications Commission (FCC) regarding AT&T's petition for forbearance
from enforcement of certain FCC cost assignment rules. See,
Notice [3 pages in PDF] (DA 07-731). This proceeding is WC Docket No. 07-21.
Deadline to submit reply comments to the Federal Communications
Commission (FCC) regarding the license transfer application filed by News Corporation,
Directv Group, Inc., and Liberty Media Corporation. News Corps seeks to divest its interest
in Directv, and Liberty Media seeks to divest its interest in News Corp. See, FCC
Public Notice [PDF]. This is DA 07-637 in MB Docket No. 07-18.
|Tuesday, April 10
The Senate will return from recess at 10:00 AM.
9:30 AM. The U.S.
Patent and Trademark Office (USPTO), National Inventors Hall of Fame
Foundation, and The Advertising Council will hold a news conference to
announce a "national public service advertising (PSA) campaign designed to
engage a new generation of children to make innovation, invention and
technological development an integral part of their lives". See, USPTO
Location: Zenger Room, National Press Club, 529 14th Street NW.
10:00 AM. The
Senate Commerce Committee will hold an oversight hearing on the
Federal Trade Commission (FTC). The
witnesses will be the five Commissioners of the FCC, Deborah Majoras, Pamela
Harbour, Jonathan Leibowitz, William Kovacic, and Thomas Rosch. See,
notice. Location: Room 253, Russell Building.
1:30 - 4:30 PM. The Department of
Homeland Security's (DHS) National Infrastructure Advisory Council (NIAC) will hold
a meeting. The agenda includes "The Insider Threat to Critical Infrastructure
Control Systems". The speakers include Thomas Noonan (General Manager, IBM
Internet Security Systems). See,
notice in the Federal Register, March 16, 2007, Vol. 72, No.
51, Pages 12625-12626. Location: National Press Club, 529 14th St., NW.
2:30 PM. The
Senate Commerce Committee will hold an hearing titled "Voice over
Internet Protocol (VoIP) and the Future of 9-1-1 Services". See,
notice. Location: Room 253, Russell Building.
4:00 - 6:00 PM. The DC Chapter of the Copyright
Society of the USA will host a panel discussion titled "User Generated
Content: The Copyright Conundrum". The speakers will be Sarah Deutsche
(Verizon), Alec French (NBC Universal),
Peter Jaszi (American University law
school), Mike Remington (Drinker Biddle & Reath), Steve Tapia (Microsoft),
Fred von Lohmann (Electronic Frontier Foundation).
Rob Kasunic (American Univ.
and Copyright Office) will moderate. Location: American University Washington
College of Law, 4801 Massachusetts Ave., NW.
6:00 PM. The Federal
Communications Bar Association (FCBA) will host a dinner. The speaker will be FCC
Chairman Kevin Martin. The
reception begins at 6:00 PM. Dinner is at 7:30 PM. Prices range from $100 to
[PDF]. Location: Hilton Hotel, 1919 Connecticut Ave., NW.
|Wednesday, April 11
Day one of a two day meeting of the Department of
Labor's Bureau of Labor Statistics' (BLS) Business Research Advisory Council.
The agenda for the 1:00 PM session includes "Internet data collection". See,
notice in the Federal Register, March 27, 2007, Vol. 72, No. 58, at Pages
14299-14300. Location: Conference Center of the Postal Square Building, 2
Massachusetts Ave., NE.
10:00 AM. The
Senate Judiciary Committee (SJC) will hold a hearing titled "Judicial
Nominations". Sen. Charles Schumer
(D-NY) will preside. See,
Location: Room 226, Dirksen Building.
12:00 NOON - 3:00 PM. The Federal
Communications Bar Association (FCBA) and the Stanford Institute for Economic Policy
Research (SIEPR) will host a continuing legal education (CLE) seminar titled
"Economic Analysis and FCC Decision-making". See,
registration form [PDF].
Prices vary. This is a brown bag lunch. The deadline to register is 5:00 PM on
April 6. Location: Hogan & Hartson, 13th floor, 555 13th St., NW.
12:00 NOON - 2:00 PM. The DC
Bar Association's Intellectual Property Law Section will host a panel discussion
titled "The Patent Office Speaks". The speakers will be John Doll
(Commissioner of Patents, USPTO), Peggy Focarino (Deputy Commissioner for Patent
Operations, USPTO), John Love (Deputy Commissioner for Patent Examination Policy, USPTO),
and Maureen Browne (moderator, Heller Ehrman). See,
The price to attend ranges from $15-$35. For more information, call 202-626-4363. Location:
Jurys Washington Hotel, 1500 New Hampshire Ave., NW.
2:30 PM. The
Senate Judiciary Committee's (SJC) Subcommittee on the Constitution will
hold a hearing titled "Responding to The Inspector General's Findings of
Improper Use of National Security Letters by the FBI".
Sen. Russ Feingold (D-WI) will
preside. See, notice. Location: Room 226, Dirksen Building.
Deadline to submit requests to the Department of Commerce's (DOC)
Bureau of Industry and Security (BIS) to make
presentations at the May 2, 2007 meeting of the BIS's Deemed Export Advisory
Committee (DEAC) in Atlanta, Georgia. See,
notice in the Federal Register: March 7, 2007, Vol. 72, No. 44, at Page 10141.
|Thursday, April 12
10:00 AM. The
Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda
includes consideration of
S 236, the
"Federal Agency Data Mining Reporting Act of 2007" and
HR 740, the
"Preventing Harassment through Outbound Number Enforcement (PHONE) Act of
The agenda also includes consideration of several judicial nominees: Frederick Kapala
(to be a Judge of the U.S. District Court for the Northern District of Illinois), Halil
Suleyman Ozerden (U.S.D.C. Southern District of Mississippi), and Benjamin Hale Settle
(U.S.D.C. Western District of Washington). The SJC rarely follows its published agenda.
Location: Room 226, Dirksen Building.
12:00 NOON - 2:00 PM. The DC
Bar Association will host a panel discussion titled "Developments in Trade
Remedy Proceedings and Legislation with China". The speakers will be Robert
Heilferty (Office of Chief Counsel for Import Administration, Department of Commerce),
Stephen Kho (Akin Gump), Jayme Roth, Marguerite Trossevin (Mayer Brown), and Eileen Bradner
(moderator, Wiley Rein). See,
The price to attend ranges from $5-$25. For more information, call
202-626-4363. Location: Alston & Bird, 950 F St., NW.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) regarding the Missoula intercarrier
compensation reform plan federal benchmark mechanism proposal. This proceeding
is CC Docket No. 01-92. See,
notice in the Federal Register, March 26, 2007, Vol. 72, No. 57, at Pages
|Monday, April 16
The House will return from recess at 2:00 PM.
Deadline to submit comments to the
U.S. Patent and Trademark Office (USPTO)
in response to its notice of proposed rulemaking regarding amending 37 CFR
2.64 to require a request for reconsideration of an examining attorney's final
refusal or requirement to be filed through the Trademark Electronic
Application System (TEAS) within three months of the mailing date of the final
notice in the Federal Register, February 14, 2007, Vol. 72, No. 30, at
|About Tech Law Journal
Tech Law Journal publishes a free access web site and
subscription e-mail alert. The basic rate for a subscription
to the TLJ Daily E-Mail Alert is $250 per year. However, there
are discounts for subscribers with multiple recipients. Free one
month trial subscriptions are available. Also, free
subscriptions are available for journalists,
federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is
free access. However, copies of the TLJ Daily E-Mail Alert are not
published in the web site until one month after writing. See, subscription
P.O. Box 4851, Washington DC, 20008.
dba Tech Law Journal. All rights reserved.