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01.28.18

With the Heritage Foundation Getting Involved and Andrei Iancu Potentially Appointed on Monday, the Road Ahead Looks Troubling for Patents

Posted in America, Patents at 12:27 am by Dr. Roy Schestowitz

Hourglass

Summary: Signs that the patent microcosm and right-wing oligarchs can made headway with withdrawal of patent reforms in the United States

“Trump antitrust team sets sights on standard setting organisations as #IP policy continues marked shift from Obama White House,” IAM wrote the other day, adding that “guiding Trump policy principle of doing the exact opposite of the Obama admin is having its effect on #IP” (they mean patents).

“Given the notorious “GOP tax scam” (passed at 2 AM on a weekend), anything is possible with Trump.”So IAM sees this President as an opportunity for withdrawal of progress — a regression that can help patent aggressors and trolls? In an event of Conservative lobby groups (like those who have produced papers advocating software patents and trolls), IAM has claimed, they try to call the shots on patent policy in the US:

In a series of comments at an antitrust event held by the Heritage Foundation earlier this week in Washington DC, Andrew Finch, principal deputy assistant attorney general for antitrust at the DOJ, revealed that the division is investigating whether SSOs balance the interests of both patent owners and the users of IP.

Later on IAM wrote about Iancu, the patent maximalist who might become USPTO Director quite soon (there is still time to stop this). “Looks like Senate vote on Andrei Iancu for @uspto director may happen Monday (see p.9 of link),” IAM wrote, later adding: “There’s no guarantee a vote will happen Monday – one Hill observer says it means it “could” happen – but does mean confirmation is inching close…”

“They call these “reform” or “boxes”, but it’s just an excuse to cut tax for the super-rich, with the offhand excuse being “innovation”.”It would not be so shocking a thing. Given the notorious “GOP tax scam” (passed at 2 AM on a weekend), anything is possible with Trump. Also see the two new reports below. Just a classic loophole to enable massive corporations with many patents to avoid tax. They call these “reform” or “boxes”, but it’s just an excuse to cut tax for the super-rich, with the offhand excuse being “innovation”.

  • Patent Turmoil: Self-Created IP After Tax Reform

    The “Tax Cuts and Jobs Act of 2017″ (the “TCJA”) impact on the tax treatment of self-created intellectual property (“IP”) is resulting in a wide range of feelings depending on the nature of a particular party’s IP. Contrast the howls of outrage from inventors, their investors and the technology sector in general over those provisions of the “TCJA” impacting the tax treatment of self-created IP with the loud sighs of relief from Nashville, Los Angeles, Austin and other centers of the music industry that the TCJA does not impose on them the same changes.

  • The Cyprus Intellectual Property Tax Regime

    Under the Cyprus Tax legislation on Royalties effected in 2012 (IP Box Regime) Companies were allowed to have certain tax advantages as long as they were part of the qualified Intellectual Property (IP) rights with the condition that they were acquired/ developed before January 2012. Qualifying IP rights included but were not exhausted to copyrights, registered patents and trademarks, artistic or literal works, software etc. It should be noted that for IP rights registered outside the Republic of Cyprus, a Cyprus Company could still benefit from the IP Box Regime.

    [...]

    By introducing the revised IP box regime Cyprus has complied with OECD requirements and together with the extensive network of double tax treaties has established itself as an attractive location for registering an IP or Research and Development (R&D) Company in the Republic of Cyprus.

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