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

[Kathy Kleiman]

Hi All,
Not true in my experience. Consultants frequently have a narrow scope of 
work, often make representations and operate outside of it, and are 
rarely able to bind the companies for whom they work except for very 
narrow and pre-assigned ways. It's a great way of providing plausible 
deniability to their clients.

Attorneys know their scope of engagement, know the limits of their work, 
and when they may bind their clients. Attorneys are bound by both 
obligations to their clients and obligations/ethics as members of their 
bar associations; they are the right people to make the allegation of 
infringement (assuming IP is their specialty)and to create binding 
commitments on their clients re: the revealed data (and officers of the 
company for those too small to have counsel). They can oversee 
consultants and clerks..

The last thing I want to be doing when my data is revealed to the wrong 
party is litigating the scope of agency of the consultant...

Which reminds me, that we should be talking about jurisdiction where the 
trademark attorney (not the attorney) agrees to be bound when the Reveal 
is challenged in court.

Happy Easter! Happy Passover!
Best,
Kathy
:
> The agency relationship effectively binds the parties to each other's representations.
>
> K
>
> Kiran Malancharuvil
> Internet Policy Counselor
> MarkMonitor
> 415-419-9138 (m)
>
> Sent from my mobile, please excuse any typos.
>
> On Apr 3, 2015, at 6:58 AM, Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>> wrote:
>
> "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
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> www.sgrlaw.com<http://www.sgrlaw.com>
> vsherman at sgrlaw.com<mailto:vsherman at sgrlaw.com>
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>
> 1055 Thomas Jefferson Street, N.W.
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> Washington, D.C. 20007
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>
> 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.
>
>
> <mime-attachment.jpg><http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP
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