Prospects of U.S. Politics on Intellectual Property.
Usually, the United States have been a stronghold of IP protection. Will this change after the next presidential elections later this year? From the recent issue of London-based The Economist:
"[...] There is no denying that for some middle-class Americans, the past few years have indeed been a struggle. What is missing from Mr Obama's speeches is any hint that this is not the whole story: that globalisation brings down prices and increases consumer choice; that unemployment is low by historical standards; that American companies are still the world's most dynamic and creative; and that Americans still, on the whole, live lives of astonishing affluence.
It is not fair, moreover, to blame Mr Obama exclusively. His rival, Hillary Clinton, is no less responsible for the Democratic Party's wholesale descent into economic miserabilism. Both candidates have threatened to pull America out of NAFTA, the free-trade deal with Mexico and Canada, unless it is rewritten. Both rail against oil companies, drug companies, credit-card companies - the usual suspects. Both want more government spending and regulation to protect individuals against predatory companies. Indeed, in some ways, Mrs Clinton is worse. She appears to be sceptical of all trade deals, including the multilateral Doha round which would produce big benefits for the world's poorest countries. Unlike Mr Obama, she has proposed a deeply unsound five-year freeze on interest payments for subprime borrowers, which would surely result in higher rates and scarcer credit for future borrowers. [...]"
"[...] Protect American Intellectual Property Abroad: The Motion Picture Association of America estimates that in 2005, more than nine of every 10 DVDs sold in China were illegal copies. The U.S. Trade Representative said 80 percent of all counterfeit products seized at U.S. borders still come from China. Barack Obama will work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere.
Protect Intellectual Property at Home: Intellectual property is to the digital age what physical goods were to the industrial age. Barack Obama believes we need to update and reform our copyright and patent systems to promote civic discourse, innovation and investment while ensuring that intellectual property owners are fairly treated.
Reform the Patent System: A system that produces timely, high-quality patents is essential for global competitiveness in the 21st century. By improving predictability and clarity in our patent system, we will help foster an environment that encourages innovation. Giving the Patent and Trademark Office (PTO) the resources to improve patent quality and opening up the patent process to citizen review will reduce the uncertainty and wasteful litigation that is currently a significant drag on innovation. With better informational resources, the Patent and Trademark Office could offer patent applicants who know they have significant inventions the option of a rigorous and public peer review that would produce a 'gold-plated' patent much less vulnerable to court challenge. Where dubious patents are being asserted, the PTO could conduct low-cost, timely administrative proceedings to determine patent validity. As president, Barack Obama will ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration. [...]"
Hard to tell what exactly this might mean after a won presidential election. As Mr Crouch points out, Mr Obama is a former law professor, probably which some great knowledge of how to run a Government in the age of the Internet. Will he take a different attitude to IP in our globalised economy if he gets into White House by listening to IP sceptics e.g. in the ICT industries? For now nobody knows, I suppose.
And then there is Mr Ben Klemens, Executive Director of endsoftpatents.org, an initiative aiming to do, in the U.S., plainly what its name says. This organisation is supported by
The effectiveness of their anti-patent lobbying efforts to be expected during the coming years obviously is another unknown in the big equation on the future of IP in the U.S. See also Mr. Joff Wild's comments here and there on the activities of this organisation.
By no means all of the above should be construed that, from a European perspective, a Republican U.S. President would be more desirable than a Democrat one. However, there should be no illusions: Even with a Democrat residing in the White House there might be rough times ahead.
recent issue of London-based 
Patents
