However, IPFrontline reports Intellectual Property Survives Hurricane Katrina. The author states “it occurred to me that intellectual property – copyrighted artwork, patented inventions, computer code, brand names – may be all that remains of thousands of innovative businesses in the New Orleans, Gulfport, Biloxi, Mobile and other Gulf coast areas. In certain other institutions – hospitals and universities, for example – intellectual property licensing may in fact be the primary way to collect new revenues for some time to come.”
I guess the nifty thing about intangible property is that it can survive even a category 5 hurricane.
I also found another Washington Times article about this. Are the policy reasons for destruction of infringing goods overridden by the necessity of the hurricane victims? What if there has not been a final determination of infringement? Why weren’t the goods already destroyed? Things that make me go hmmm.
Update 9-12-05: The USPTO considers Katrina to be an “extraordinary situation,” so if you were affected and have late maintenance fees as a result, you’re off the hook. But the USPTO urges you to act promptly to remedy the delay.
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Posted by Douglas Sorocco, September 8, 2005 at 10:12 am
Permalink: IP and Katrina
2 Comments
Melody: It looks like customs has implemented a program just as you have suggested: click here for story.
Interesting question raised by saying that IP can survive the hurricane. Might trademarks be in a precarious position, however, since the sine qua non of trademark protection is use in commerce? If these business are shut down, ostensibly use has ceased.
Maybe there is a huge backlog of goods earmarked for destruction sitting in warehouses. If that is the case, it would seem appropriate to distribute them as trademark violators are not able to profit from them and could be viewed as “community service”.