LES Viewpoints March 2021

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Viewpoints

The Newsletter of the Licensing Executives Society (U.S.A. and Canada), Inc.

Vol. XXIX No. 1

March 2021

LES Letter On IP Sent To President Biden

Received by Vice-President Harris, Senate Judiciary Committee and House Judiciary Committee By Brian O’Shaughnessy, Past-President, LES USA & Canada

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ES USA & Canada has sent a letter to President Joe Biden and Vice President Kamala Harris in support of strong and reliable intellectual property rights. Copies of the letter were sent to the Senate Judiciary Committee’s Subcommittee on Intellectual Property and to the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet. Among other things, the letter explains the importance of intellectual property rights and licensing in fostering innovation and as an engine of growth in free market economies. LES has a unique vision and particular expertise in the role that intellectual property plays in promoting collaboration and supporting the formation and growth of businesses. As the leading professional society devoted to the business of licensing and commercial applications of intellectual property, LES is especially well suited to help the executive and legislative branches of government balance the private rights of individuals with the public good. Throughout its history, the U.S. has prospered economically largely because of its innovative and equitable IP system encouraging innovation and respect for intellectual property rights Over the last several years, USPTO Director Andrei Iancu has instituted prudent IP policies and procedures that remedy some of the unintended consequences of the America Invents Act, and that have improved examination quality. These changes have restored confidence in U.S. patents, and boosted innovation. With greater confidence in intellectual property rights comes greater investment in innovation, increased business formation and growth, and a more robust economy. His changes have further aligned the public good with the private rights of inventors. LES encourages the Biden administration to maintain this enlightened view of our IP system, and to ensure that we maintain a system of durable and reliable intellectual property rights. LES concluded with an offer of assistance to the Biden administration in doing so.

Board of Directors President and Chair Gillian Fenton Immediate PastPresident and Past Chair Gary Fedorochko Secretary Kevin Spivak Treasurer Michele Riley President-Elect and Chair-Elect Scott Williams Counsel Rachel Kreppel Director Julie Barnes-Weise Director Vincent Bergeron Director Mihaela Bojin Director Ann Cannoni Director Evelyn Chen Director Ian DiBernardo Director Lalit Gaur Director Louise Levien Director Michael Perham Director Karthika Perumal Director Karen Temple Director Eric Victory

December 22, 2020 Joe Biden President-Elect United States of America 1401 Constitution Avenue, NW Washington, D.C. 20230 Kamala Harris Vice President-Elect United States of America 1401 Constitution Avenue, NW Washington, D.C. 20230 Dear President-Elect Biden and Vice President-Elect Harris, We are innovators and supporters of innovation. We write in support of durable and reliable intellectual property protection. Over the past several years, the United States Patent and Trademark Office (USPTO) has made significant improvements in policies and procedures that enhanced predictability in the patent process. This has restored confidence in the U.S. patent system, and led to increased investment in innovation and business formation. If the U.S. is to maintain its leadership in innovation and technological development, it is imperative that we retain and build upon these improvements. Since its earliest days, the U.S. recognized the importance of innovation, and rewarded inventors with limited exclusive rights to their inventions. This is at the root of America’s economic success and leadership, from a humble agrarian society to the leading industrial power at the center of the innovation economy. The Founders’ recognition of the importance of protecting intellectual property, and in particular, patents and copyrights, is reflected in the express provision found in our Constitution. Article I, Section 8, clause 8 is the only power conferred on Congress linked to an explicit purpose. In the case of patents, it is to promote the progress of the useful arts. Patents provide innovators – from the sole inventor toiling away in a garage to the R&D department of a multi-national corporation – with the ability to compete on a level playing field, often against more well-established market incumbents. IP-intensive industries are a major driver of the U.S. economy. In 2016 alone, these industries contributed more than $6 trillion to U.S. GDP, and created 45 million jobs. U.S. Dep’t of Commerce, Intellectual Property and the U.S. Economy: 2016 Update (2016) https://www.commerce.gov/data-and-reports/reports/2016/09/intellectualproperty-and-us-economy-2016-update. Intellectual property rights also protect against the theft of ideas, both at home and abroad, and they ensure that everyone

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To view the entire letter visit:

https://members.lesusacanada.org/news/553113/

LES VIEWPOINTS HIGHLIGHTS

President Gillian Fenton New Blog & New Tagline Pages 2-3

Key Developments In IP 2020 Silicon Valley Annual Review Page 4

Getting to Know Scott Williams Meet the President-Elect Page 5

LES Resources Available: Job Listings, Licensing Templates Pages 6 & 7


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