Possibly in retaliating to the United States’ infamous annual US Special 301 Report, the European Commission has released a report finding fault with a number of American IP practices.
In the report: United States Barriers To Trade And Investment For 2008[pdf] Europe calls the pot black and charges the US with having failed to bring its Copyright Act into compliance with World Trade Organization rules on IP since radio music can be played in pubs and clubs without paying royalties (the Irish music case). According to the report, European producers and performers “do not enjoy broadcasting rights granted to the US” as a result.
Another “particularly problematic” issue is geographical regional names, with a number of European wine names being considered “semi-generic” by the US.
Another issue of concern is the US IP boycott of Cuba, where, to pressurize the Cuban government, the trademark for Havana Club rum is considered unenforceable, contrary to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights,TRIPS.
According to the report, the US government frequently fails to comply with Article 31 of TRIPS which requires governments that use patents to promptly inform the patent right holders when governments use patented technology.
On recognising the first to file a patent application (like the rest of the world) rather than first to invent, the US discussion of patent reform is “going in a good direction,” the EU said.
Another cause for concern is US provisions on plant varieties in the Plant Patent Act which “seriously impede trade in breeding material for ornamental plants.”
For good measure, software patentability and the first to invent as a pose to first to file were also examined.
Posted by Dr Michael Factor 
