The huge appropriations bill includes a few IP gems: [LINK]
- Appropriation: $3.6 billion to USPTO. All money must com from PTO fees. The Copyright Office is appropriated $93 million; ICE has $15 million for IP border enforcement; The Federal Circuit receives $33 million. (I believe this is in addition to the judicial salaries of $229k for 2020).
- Illicit digital transmission: Big new copyright protections against streamers with felony penalties.
- CASE Act of 2020: Small-claims copyright court.
- Trademark Modernization Act of 2020: This change includes new mechanisms for opposing/canceling trademark registrations, including third-party submission of evidence. Allow for “expungment” of a registration application that has not been used in commerce, and 3rd party petition to cancel on non-use grounds. PTO Director is given extra authority to unilaterally reconsider, modify, or set aside TTAB decisions. (This is a likely solution if Supreme Court finds PTAB unconstitutionally appointed).
- Trademark Modernization Act of 2020: Presumption of injunctive relief — overcoming eBay:
‘‘A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order.’’
- Biologic Patent Transparency: requires the holder of a license to market a biologic drug to disclose all patents believed to be covering that drug.