Legislative Update - August 2008

Enforcement of Intellectual Property Rights Act of 2008

This past May, the House of Representatives passed the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO IP Act, H.R. 4279). The main purpose of the bill is to strengthen criminal and civil laws that pertain to copyright and trademark infringement, allocate key personnel and resources to monitor and enforce IP infringement, and enhance strategic Federal initiatives against counterfeiting and piracy. The bill was first introduced last December by, among others, House Judiciary Committee Chairman John Conyers, Jr. (D-MI); Ranking Member Lamar Smith (R-TX); and Subcommittee on Courts; the Internet and Intellectual Property Chairman Howard Berman (D-CA).

A companion bill, S. 3325, the Enforcement of Intellectual Property Rights Act of 2008, sponsored by Senator Patrick Leahy (D-VA), Chairman of the Senate Judiciary Committee was introduced this summer. This bill, replaces early versions of what has been deemed, "The PIRATE Act." As in the PRO IP Act passed by the House, there are provisions within the Senate bill that would substantially increase statutory damages for counterfeiting. A delegate would be appointed to spearhead domestic IP enforcement efforts, and five IP officials would be assigned to liaise with foreign countries that experience widespread piracy. Somewhat controversial is the condition that provides for the seizure of "property used or intended to be used" in association with copyright or trademark infringement. Most notable and contentious, is a provision that allows for the filing of civil suits by federal prosecutors against copyright infringers.