Monthly Archives: August 2009

BTG International Files Complaint Against Apple, Inc and More

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According to PC World, BTG International has filed a complaint to the International Trade Commission against flash storage chips makers, such as Samsung and other vendors, like Apple, Inc.,Sony and Dell — just name a few– claiming five patent violations on flash technology and requesting to ban importation of these chips and other devices.

In the article:

BTG alleges that some Samsung chips violate its patents on multilevel NAND flash memory. The chips have been used in a range of products including the first-generation iPhone 8GB, MacBook Air, Asus Eee PC netbook, Lenovo ThinkPad X301, Sony Cyber-Shot DSC-T2 camera and flash cards and storage devices, according to the suit.

BTG International is a licensing company that holds these patents on a variety of inventions by T. Gordon White. The International Trade Commission will assign out this case and set a target date to close this case.

To read the full article, click here.

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GAO: Trade Agreements Have Commercial Benefits but Challenges Remain

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A recent report released by the US Government Accountability Office shows that since 2001, Free Trade Agreements have successfully increased trade, improving access to these markets and strengthening rules for government fairness and transparency.

The four selected FTAs have largely accomplished the U.S. objectives of achieving better access to markets and strengthening trade rules, and have resulted in increased trade, as summarized in the table. While varying in details, the FTAs have all eliminated import taxes, lowered obstacles to U.S. services such as banking, increased protection of U.S. intellectual property rights abroad, and strengthened rules to ensure government fairness and transparency.

Overall merchandise trade between the United States and partner countries has substantially grown, with increases ranging from 42 percent to 259 percent. Services trade, foreign direct investment, and U.S. affiliate sales in the largest partners also rose. FTA negotiations spurred some labor reforms in each of the selected partners, according to U.S. and partner officials, but progress has been uneven and U.S. engagement minimal.

This report presents a very realistic picture of the current issues facing free trade agreements. On one hand, they are great tools in stimulating trade and expanding new markets for both sides.

On the other hand, critics of free trade agreements are quick to note the uneven progress the partner countries make in reforming labor laws and enforcing environmental regulations. It would be nice for everyone to have labor rights and for those who harm the environment to be punished- but of course it is easier said than done, and not everyone keeps their promises, especially when it comes to politicians!

What do you think?

  • Are the benefits of FTAs worth the problems encountered in terms of labor and environmental standards?
  • How do you suggest the US should encourage enforcement of these standards?
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Wow Wii, Patent Dispute

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Yesterday, HillCrest, a small technology company in Rockville, MD, filed a compliant with the International Trade Commission (ITC) citing patent infringement against Nintendo, the makers of Wii. HillCrest asked the ITC to ban all imports of the Wii into the United States, and filed a seperate lawsuit for unspecified damages.

According to the Washington Post, Hillcrest’s technology allows users to select movies, browse the Web, control their cable box or otherwise interact with content — not by pressing a button on a conventional controller, but by moving a device left, right, up and down in front of a television or computer screen.

“While Hillcrest Labs has a great deal of respect for Nintendo and the Wii, Hillcrest Labs believes that Nintendo is in clear violation of its patents and has taken this action to protect its intellectual property rights,” the company said in statement, adding that it would not comment further.

Nintendo spokesman Charlie Scibetta said, “We have not been served with any lawsuit or other action by Hillcrest and therefore have no comment.”

It was not disclosed onto when the  International Trade Commission will makes its decision.

To read the full article, click here.

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China, ASEAN Sign Trade Agreement

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The Journal of Commerce has reported that China and the 10-nation ASEAN (Association of Southeast Asian Nations) signed a bilateral investment agreement this week completing the earlier signed trade agreement to cover goods and services  and making it official. Implementation  of this trade agreement is scheduled for January 2010.

The Investment Agreement establishes a free, transparent and equitable investment mechanism for investors from both sides, Chinese officials said. The most crucial clauses in the negotiations establish “national treatment” and the “Most-Favored-Nation treatment,” providing legal protection and guarantees that investors from both China and ASEAN nations enjoy fair and equitable treatment and non-discrimination in their bilateral business relationships.

Chinese officials reports that this is a postive step to show that the current global economic crisis hasn’t slowed down trade in the Asian region.

To read the orginial article, click here.

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The IT Perspective: Trade Compliance Get Rights

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Although posted in April 2008, Supply Chain Digest has a good article for anyone planning a  Trade Compliance implementation: Five Surprises from a Trade Compliance Application. Most trade compliance experts know what they want to achieve with a new solution – but this article does a good job identifying some critical applications to efficiently maintain a system:

  • Data Archiving Tools
  • Data Processing Reports
  • Automated Compliance Updates
  • Product Classification Tools
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InterDigital Filed Complaint With the ITC Over Patent Dispute

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The Wall Street Journal reports, in 2007, InterDigital filed a complaint with the International Trade Commission (ITC) over lost royalities from Nokia and alleging Nokia in unfair trade practice by selling certain 3G componants that infringe on 4 of InterDigital’s patents.

The judge ruled recently in favor of Nokia and found no violation of patent infringement.

InterDigital Chief Executive William Merritt said the company strongly disagreed with the judge’s finding, and “we will exercise our right to petition to the Commission for a review” of the initial determination.

InterDigital also followed with this statement claiming that this case is a small fraction to its 3G portfolio and remains confident in licensing other makers of the 3G headsets.

To read more, click here.

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Exporters Happy About Export Controls Review

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According to the Journal of Commerce, U.S. exporters are pleased with the White House’s decision to launch a review on export controls to help establish a new streamlined system and update to modern technology.

“The economic and security challenges our country faces continue to grow more complex, and we must have a modern export control system that protects U.S. technology while allowing us to cooperate and trade with our close allies and partners,” said Marion Blakey, president of the Aerospace Industries Association.

The House of Foreign Affairs Committee will review potential changes and hopes to make a decision by next year.

To continue reading, click here.

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New Senate Bill Could Restructure U.S. Customs

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According to the Journal of Commerce, a bill was sent to the Senate that could restructure how customs is handled in the U.S. The leaders in the Senate Finance Committee would like to change the focus to stress trade enforcement and facilitation.

The bill would  make a significant change in Customs’ agency. It would call the agency to account for its activities including the Automated Commercial Environment, Customs-Trade Partnership Against Terrorism, import safety and intellectual property rights. The bill also would require Customs to develop joint strategies with Immigration and Customs Enforcement.

The White House announced the inter-agency review Aug. 13, saying it hoped to bring up to date a system “rooted in the Cold War era.”

The bill would also change the name to Office of Trade.

To read more, click here.

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Canada and Panama Sign Trade Agreement

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A free trade agreement between Canada and Panama was signed last week. This agreement will eliminate tariffs of more than 90 percent on Canadian imports into Panama, and Panama will have 100 percent access to the Canadian market.

“The FTA builds an ample highway of exchange for portable products, for the goods we produce and the services we offer,” said President Martinelli at the signing of the deal.

And Prime Minister Harper added: “Signing a free trade agreement with a key hemispheric partner like Panama is the logical next step in our policy of pursuing deeper integration and closer cooperation throughout the Americas.”

The free trade agreement will begin January 2010.

For more information, click here.

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India Against Proposed Trade Ban on Climate Policy

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According to the Associated Press, India has proposed a clause to bar any country refusing to accept goods based on its climate policy. This is in response to the U.S. imposing penalities to countries who do not participate in the commitment to limit greenhouse emissions or to a climate policy.

This new agreement is currently in discussion and if passed would replace the current Kyoto Accord. Currently, only 37 developed countries are obligated to follow this accord to reduce its greenhouse emissions by 2012 (US rejected this agreement), but developing countries, such as China and India are encouraged to follow this doctrine.

The agreement is set to go to vote in Copenhagen in December.

Unless every country contributes more, the final agreement could become known as “greenwash Copenhagen,” said Aileen Yang, the climate campaign manager for Greenpeace China.

To read the full article, click here.

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