Posts Tagged ‘IPR’

I Have Returned from Vacation

August 9, 2010

Joe Delmont

It’s always great to be on vacation, but it’s nice to be back, too. I’ve recently spent the better part of two weeks vacationing on a lake in northern Wisconsin with my wife, Bobbie, the three kids, Steve, Bryan, and Kate, and four grandkids. I golfed, read three novels, played with the grandkids, and spent too much time with a big, ol’ black Lab mutt named Jimmy, who visited every day. Jimmy is the only dog I every knew who retrieved rocks. That’s rocks, as in stones, big stones, that he would dig out of the bottom of the lake and then drop at your feet with a big, wet grin. Obviously, Jimmy doesn’t know the difference between a rock and a tennis ball.

Summer’s a busy time anyway, even without a vacation in the north woods. My wife and I have picked up two days of babysitting for the grandkids on Tuesday and Wednesday to save them some day care dollars. Four little bundles of energy, ranging from seven months to six years, each wanting lots of attention involving library visits (good), swimming lessons at the neighbor’s pool (not so good), and trips to the local kiddy park with juice and snacks (bad).

OK, I know I’ve said I want to spend time with the new generation, but it’s difficult to keep up. Bobbie and I don’t remember how we raised three kids of our own. Must have been some grandparents heavily involved in that schedule.

Story Backlog
At any rate, I’m back at the keyboard, and I’m looking at a stack of story notes. Tucker Rocky. Baja Motorsports. ITC’s investigation of intellectual property rights. CFMOTO’s suit against EPA. And a couple of other industry stories based upon research from Power Products Marketing, the Minneapolis research firm, plus my column for September Dealernews and the Dealer Lab report on Bill Shenk’s June performance—another profitable month.  I’m also heading to the Parts Unlimited show in Janesville and visiting the new Baja headquarters at the complex of its parent company TTI in Anderson, SC, at the end of the month.

And suddenly it’s September. Where has the year gone? JD

Contact me with story ideas and news tips at
jdelmont@dealernews.com or 612/845-8091.

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Examples of Chinese IPR Fraud Build Up

June 11, 2010

Companies and organizations wishing to talk with a Congressional committee about the issue of intellectual property theft by Chinese manufacturers are beginning to pile up, a member of the federal agency investigating the problem told me this week.

However, none of the firms willing to testify before the Senate Finance Committee are from the powersports industry. Meanwhile, however, the Motorcycle Industry Council (MIC) continues to collect information from its members, and it plans to have a report prepared next month. If you are a member of the MIC, you can comment through the organization’s website at mic.org.

Read more about the investigation here; the public record for this investigation may be viewed here.

“We have over a dozen witnesses scheduled for the hearing,” said John Kitzmiller, an analyst with the U.S. International Trade Commission (USITC) in Washington. “Some are from associations that encompass at least some of the powersports industry, i.e., National Association of Manufacturers, but none are recognizably from the industry.

“Although the deadline for asking to appear at the hearing has passed, we welcome written submissions through July 9, and I would be happy to speak with anyone that wanted to get their views into the report. They can call me or I’ll be happy to call them. I’m normally at my desk from 6:30am to 3:00pm EDT.” You can reach Kitzmiller at John.Kitzmiller@usitc.gov or 202-205-3387.

Here is important information if you wish to submit comments to the ITC:

DATES
June 15, 2010: Public hearing.
June 22, 2010: Deadline for filing post-hearing briefs and statements.
July 9, 2010: Deadline for filing all other written submissions.
Nov. 19, 2010: First report due to the Senate Finance Committee.
May 2, 2011: Second report due to the Senate Finance Committee.

ADDRESSES
All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building
500 E Street SW, Washington, DC.
All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436.

ADDITIONAL INFORMATION
Project Leaders: Katherine Linton (katherine.linton@usitc.gov or 202-205-3393) and Alexander Hammer (alexander.hammer@usitc.gov or 202-205-3271) or Deputy Project Leader Jeremy Wise (jeremy.wise@usitc.gov or 202-205-3190).

Contact me with news tips or story ideas at
jdelmont@dealernews.com or 612/845-8091.

Where’s the Anger About Chinese Stealing Ideas?

May 28, 2010

Lack of Response to Federal Investigation Is Puzzling.
Were You Ripped Off? Now Is the Time To Tell Your Story.

EDITOR’S NOTE: Shortly after I posted this story, I heard from my friends at the Motorcycle Industry Council (MIC) regarding a survey they are doing pertaining to the USITC investigation. I want to pass on this information to you, so you can participate, if you wish. The MIC is surveying members and compiling comments on IP infringement. If you’re an MIC member, you can find more information on the MIC survey here. The survey will take only a few minutes to complete. The MIC’s Paul Vitrano told me today that powersports companies are participating and providing data for an industry comment package. “The more responses that we receive,” he says, “the more thorough comments we will be able to submit. For details on the MIC project, contact Scot Begovich (sbegovich@mic.org) or Paul Vitrano (pvitrano@mic.org) or call the MIC at (949) 727-4211.

I’ve been hearing complaints about the Chinese stealing designs and ideas from other manufacturers for years— at EICMA, at Dealer Expo, in private conversations— it’s a topic that never fails to generate comments. Until now.

Now, when the federal government is investigating cases of Chinese companies stealing intellectual property, nobody wants to talk about it. I wrote about the investigation by the U.S. International Trade Commission (USITC) several weeks ago, but there’s been virtually no response from the business community. There’s a public hearing scheduled for June 15, 2010, but there’s been virtually no response from the powersports industry. Zero. None. Read my previous post here.

What’s up? Too busy? Don’t care? Don’t want to get involved? I suppose it doesn’t matter why no one has responded to the USITC’s requests for comments, the only thing that matters is that the commission isn’t getting the information it needs to help solve the problem.

(more…)

Feds Investigate Chinese IPR Theft

May 7, 2010

Hearing Scheduled for June 15, 2010.
It’s an Opportunity To Tell Your Story.

Another federal agency has joined the battle on Chinese manufacturers who are selling illegal goods in the U.S. First, the Consumer Product Safety Commission (CPSC) took aim at Chinese with its child safety provisions, then the EPA (Environmental Protection Agency) began grabbing containers of Chinese powersports products as they entered U.S. ports looking for emissions violations.

Now the U.S. International Trade Commission (USITC) has launched an investigation into the effects of intellectual property rights (IPR) infringement on the U.S. economy and U.S. jobs. The investigation was requested by the Senate Finance Committee.

The investigation will study violations of copyrights, patents, trademarks, and design registrations.

The ITC  will  publish its findings in two reports. The first will provide a description of the types of reported IPR infringement and China’s related policies on procurement of “indigenous innovation” which could limit the sale of U.S. products within China. This could be of special interest to U.S. companies such as Polaris and Harley-Davidson as they attempt to expand into the Chinese consumer markets.

The second report could be much more explosive. It will describe the size and scope of IPR infringement by Chinese companies and the effect of these actions on U.S. jobs and on the sales and profits of U.S. companies. In addition to Polaris, Harley and Arctic Cat, among others, these companies include U.S. operations of Japanese companies such as Honda, Kawasaki, Suzuki and Yamaha, according to an ITC official.

Depending upon how broadly the ITC wants to define U.S. companies, it could include most powersports companies doing business here, including OEMs such as BRP, KTM, Piaggio and Triumph, as well as aftermarket companies.

The report on types of IPR infringement is due by Nov. 19, 2010, and the second— on the impact of these infringements— is due May 2, 2011.

In requesting the investigation, Committee Chairman Max Baucus (D-Mont.) wrote that more than 80 percent of goods seized at U.S. ports for IPR infringements came from China. He also noted that intellectual property accounts for more than 40 percent of U.S. economic growth.

As part of the investigation, the USITC will hold a public hearing  on June 15, 2010. Written comments also will be accepted. All written submissions, except for confidential business information, will be available for public inspection.

I’ve been hearing for years about how Chinese manufacturers steal designs and produce replicas of popular machines and PG&A items made by U.S.,  Japanese and other manufacturers. Now is your chance to step forward and describe how your products have been illegally copied and how you have been financially injured.

If you’re concerned about dealing with the ITC but want to tell your story, contact me. I can get your information to the ITC.

Here is important information if you wish to submit comments to the ITC:

DATES
June 1, 2010: Deadline for filing requests to appear at the public hearing.
June 3, 2010: Deadline for filing pre-hearing briefs and statements.
June 15, 2010: Public hearing.
June 22, 2010: Deadline for filing post-hearing briefs and statements.
July 9, 2010: Deadline for filing all other written submissions.
Nov. 19, 2010: First report due to the Senate Finance Committee.
May 2, 2011: Second report due to the Senate Finance Committee.

ADDRESSES
All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building
500 E Street SW, Washington, DC.
All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436.

The public record for this investigation may be viewed here.

ADDITIONAL INFORMATION
Project Leaders: Katherine Linton (katherine.linton@usitc.gov or 202-205-3393) and Alexander Hammer (alexander.hammer@usitc.gov or 202-205-3271) or Deputy Project Leader Jeremy Wise (jeremy.wise@usitc.gov or 202-205-3190).
Analyst, John Kitzmiller (John.Kitzmiller@usitc.gov or 202-205-3387).  JD

Contact me with news tips or story ideas at
jdelmont@dealernews.com or 952/893-6876.