Legislative Update - October 2008

PRO IP ACT / Enforcement of Intellectual Property Rights Act of 2008

On October 13, 2008 President Bush signed into law the PRO-IP Act, which underwent several revisions before the final version passed Congress during the last week in September. The bill was sponsored by Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, and was cosponsored by Senate Judiciary Committee Ranking Member Arlen Specter (R-PA). The champions in the House were Representatives John Conyers (D-MI), Howard Berman (D-CA), Howard Coble (R-NC) and Lamar Smith (R-TX). Outside of Congress, the bill was supported by entertainment industry groups like the Recording Industry Association of America (RIAA) and the United States Chamber of Commerce.

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, significantly increase statutory damages for counterfeiting, enhance strategic Federal initiatives against counterfeiting and piracy and seek protections in other areas of the world where intellectual property theft is prevalent.

A notable amendment made to the bill before it left Congress, was the removal of a provision to allow for the Department of Justice to pursue civil lawsuits against copyright infringers. Remaining, however, is a somewhat contentious provision that allows for the seizure of devices used in copyright or trademark infringement. Language in the new bill further specifies that the delegate appointed to coordinate IP enforcement efforts will be a "copyright czar" elected by the president, who will chair an inter-agency intellectual property enforcement advisory committee.

The passage of the PRO IP ACT is being applauded by many, and is seen as a decisive measure to help combat the widespread counterfeiting and piracy that plagues the country&'s intellectual property community.