On March 30, 2021, AIPLA, along with IPO, LES USA and Canada, and the NY IP Law Association, submitted a letter to the Office of the US Trade Representative to express support for the United States’ opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO). The letter points out that the TRIPS waiver proposal would waive a variety of IP rights related “to prevention, containment or treatment” of COVID-19. The proposal incorrectly portrays IP as a barrier, but it is expressed, to the contrary, that IP protection enhances developments. The letter states that there are no known examples where IP has been used to limit access to COVID-related technology ‒ rather innovator companies have partnered and shared IP to create tools to address the pandemic. Should the proposed TRIPS waiver be implemented, it is noted that it would have an immediate chilling effect on continued research and necessary collaboration.

On March 26, 2021, AIPLA submitted comments regarding the China National Intellectual Property Administration (CNIPA) Administrative Adjudication Measures for Early Resolution Mechanism for Drug Patent Disputes. In the comments, AIPLA requests clarification of handling of patent invalidity challenges, since substantial ambiguity remains. AIPLA requests an 8-month deadline to complete the adjudication in the Draft Measures, and requests extensions of notice periods and filing deadlines. AIPLA also requests that the Draft Measures include a corresponding provision providing that if a case has been accepted by either CNIPA or the People’s Court, any case subsequently filed in the other tribunal shall not be accepted on the same asserted claims. Finally, AIPLA requests that all possible appeals have been resolved or the time within which to appeal has expired without an appeal being filed.

As a community, we stand together in condemning the acts of violence against Asian Americans that have occurred over the past year. Recent events are an awful reminder that much work remains. We must unite to support each other, both personally and professionally, now more than ever. Let us ensure that AIPLA and the entire IP community are places where we listen to and value each other’s experiences and perspectives.

On March 22, 2021, AIPLA submitted comments to Senator Thom Tillis in response to the discussion draft of The Digital Copyright Act (“DCA”) of 2021. AIPLA’s comments largely mirror and reflect AIPLA’s positions expressed on prior occasions, with comments directed to the concepts addressed and not to any specific proposed language. AIPLA’s comments support the concept of advancing the DMCA towards a “notice-and-staydown” regime. AIPLA also advocates further study into the use of a standardized unique identifier that would more effectively identify content.

On March 22, 2021, AIPLA submitted comments regarding the notice of proposed rulemaking regarding disclaimer practice in patents and patent applications. AIPLA supports the Office’s proposed revisions to the rules and includes a suggestion to clarify the rules regarding disclaimers by parties to a joint research agreement.