Posted on 10/21/2015 8:15:21 AM PDT by 100American
So why are Republicans sponsoring this?
Under consideration in Washington, D.C. is legislation that will fundamentally transform our patent system. It will render this Constitutionally protected intellectual property product – dramatically less protected. The bills to which I refer are the Innovation Act (House) and the Patent Act (Senate)….
These “reformers” are…considering another really, REALLY TERRIBLE idea. That sets the stage for near-limitless government-caused damage to not just patents – but the entire private economy….They want to “pierce the corporate veil.”
“(A) legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood….”
So why is DC looking to end this protection?
“One of the discussion points about the new PATENT Act reform proposal making the rounds is the ‘reach through’ that pierces the corporate veil for those entities….I’m left scratching my head and wondering whether this is where we want to make our stand, heading down the slippery slope of corporate veil piercing….”
And it is indeed a very slippery slope. If government shreds the corporate veil here – the precedent is set.
Of COURSE the Democrat Party – an operational partner of the trail lawyers bar – will seize on it to dismantle this lawsuit bulwark everywhere they can.
Which yet again begs the question: Why are Republicans giving Democrats this litigious impetus? And doing so in the name of “lawsuit reform?” Unless by “reform” they mean exponentially increasing the number of lawsuits to come.
(Excerpt) Read more at redstate.com ...
At those two points I look for the Washington elite in politics to begin nationalizing businesses into state ownership and operations.
Just the businesses that don't pay them tribute.
Shows their communist leanings, old progroms from the past that killed millions...
Wait a minute, they would not want that??
Hmmmm..
Climate Change Fanatics say we have too many people...
Aren’t the political parties corporations too?
Does this mean we could sue individual democrats for the damage their party has done to the country?
Brilliant! Only the Democrats who support by at least 10 to 1 Apple’s “victory” could come up with a solution to increase the litigiousness of a system that is broken because of too much litigation.
Our patent system is broken. One needs look no further than Apple vs Samsung “design patent” lawsuit to find ample evidence of this. When you get down to the core of it... a billion dollars was awarded over a rectangular shape with rounded corners. The patent system was meant to protect real concepts such as the cotton gin and how it worked not whether or not it had rounded edges.
How about starting by awarding patents for real concepts and not meaningless foo-foo crap that has nothing to do with basically anything. I am surprised that the car companies haven’t gotten in on this. Chrysler could be suing Honda for copying the “mini-van” design concept. Or Volkswagen could be suing the Japanese for copying the small car design concept.
And those would be the climate change deniers......
Zackly....
Young inventors, on the other hand, will emigrate. Nice for the future economy - but hey, it gets statists elected NOW, and that's what matters. :)
That's right - and the same goes for over-protection in copyright law - Software and music/movie copyrights have so abused the system as to make it unworkable - There should be a high-order copyright, there really should... But only for things that are utterly timeless, and that bar should be extraordinarily high. A song, or a software, or a medication, should not be thus protected. Such protections, ad-infinitum, lock up whole fields of endeavor.
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