[Gnso-ppsai-pdp-wg] PPSAI - Proposed language on attestation

[Kathy Kleiman]

"I have the authority to make the representations and claims in this 
request"
is useful, but how does a consultant bind Procter & Gamble to the 
limitations on the use of the revealed data?

Best,
Kathy
:
>
> Dear all:
>
> Following up on our productive discussion earlier this week, we’d like 
> to offer a suggestion to modify the “attestation” provisions 
> (II.A.6.c; II.B.7.d; and II.C.6.c) to require a statement by the 
> requestor specifying his/her authority for making the request, or 
> basis for agency if he or she is not the rights holder. For example: 
> “Where the signatory is not the rights holder, he/she must attest that 
> he/she is an authorized representative of the rights holder, capable 
> and qualified to evaluate and address the matters involved in this 
> request, and having the authority to make the representations and 
> claims on behalf of the rights holder in the request.”
>
> We could even spell out the statement for the signatory to make in 
> conjunction with each request : “I attest that I am the rights holder 
> / authorized representative of the rights holder, capable and 
> qualified to evaluate and address the matters involved in this 
> request, and have the authority to make the representations and claims 
> in this request.”
>
> These statements of authority and agency are to be made in good faith, 
> under the penalty of perjury – just like representations forming the 
> basis for the request and the requestor’s promise to use the data 
> disclosed only for limited enumerated purposes – and the falsity of 
> these statements would be redressable by the method(s) we agree on.
>
> We believe this approach fairly balances the considerations expressed 
> by various WG members and look forward to your thoughts.
>
> Best,
>
> Val
>
> Valeriya  Sherman 
> <http://www.sgrlaw.com/attorneys/profiles/sherman-valeriya/> |Attorney 
> at Law
>
>
> 202-973-2611 /phone/
> 202-263-4326 /fax/
> /www.sgrlaw.com <http://www.sgrlaw.com>
> vsherman at sgrlaw.com <mailto:vsherman at sgrlaw.com>/
>
> //
>
> 1055 Thomas Jefferson Street, N.W.
> Suite 400
> Washington, D.C. 20007
>
>
> /Ms. Sherman's practice is limited to matters before federal courts 
> and before the United States Patent and Trademark Office.
> She is not admitted in the District of Columbia./
>
>
> <http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP
>
>
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