ORI succeeds in putting owners’ rights and the “first sale” principle squarely on the table in the context of international trade.
The International Trade Commission (ITC) issued its report on “Trade Barriers That U.S. Small and Medium-sized Enterprises Perceive As Affecting Exports to the European Union”. The report, which catalogues EU trade barriers, is the culmination of an investigation intended to provide USTR with information relevant to the ongoing the TTIP negotiations with the EU. Thanks to ORI’s participation in the ITC’s investigation, the ITC report’s list of EU trade barriers specifically includes “excessive rights of original trademark owner” as a barrier to market access. By creating a more balanced discussion of IPR and market access for the first time in an international trade context, ORI has achieved a significant victory for owners’ rights.