[kictanet] President Bush Signs New IP Enforcement Bill Into Law

[Gakuru Alex]

[Intellectual Property Watch]
14 October 2008
By Catherine Saez

President Bush on Monday signed into law a bill strengthening civil
and criminal laws against counterfeiting and piracy, boosting
resources for enforcement and prosecution, and changing coordination
of IP enforcement issues within the Executive Branch.

Under the Prioritizing Resources and Organization for Intellectual
Property (PRO-IP) Act of 2008, copyright registration would not be a
prerequisite to criminal action, and a civil infringement action could
be brought regardless of errors in registration unless those errors
were made knowingly.

The bill, S 3325, sponsored by Senator Patrick Leahy, a Vermont
Democrat, and Pennsylvania Republican Arlen Specter, passed the Senate
on 26 September and the House on 28 September.

Industry Hails Victory

Industry reacted to the enactment of the bill with statements
highlighting the economic contribution of greater enforcement. "By
signing into law this important legislation, President Bush has sent a
resounding message not only to businesses, workers and consumers, but
also to those who would harm Americans through piracy of
pharmaceuticals, auto parts and health and safety products," said John
Engler, president of the National Association of Manufacturers.

Motion Picture Association of America CEO Dan Glickman also applauded
the bill. "At this critical time for our economy, it's important to
send a message that the jobs created and maintained by the protection
of intellectual property is a national priority," he said.

"As intellectual property rights are enforced, US artists and creators
can maintain their leading role in the world of producing creative
works that enrich our culture and drive our economy," said Copyright
Alliance Director Patrick Ross.

S 3325 creates an Intellectual Property Enforcement Coordinator
(IPEC), within the Executive Office of the President to replace the
National Intellectual Property Law Enforcement Coordination Council,
an interagency group responsible for coordinating US domestic and
international intellectual property enforcement activities, co-chaired
by the US Patent and Trademark Office director (IPW, Enforcement, 1
October 2008).

Consumer groups such as Public Knowledge and the Electronic Frontier
Foundation opposed S 3325 out of concern over the treatment of
non-infringing third parties and the federal government assuming a
private enforcement role. The Justice and Commerce departments sent
the Senate Judiciary Committee a letter opposing several parts of the
bill, amongst which the claim that public resource be used to protect
private interests. "Department of Justice prosecutors serving as pro
bono lawyers for private copyright holders regardless of their
resources," the letter states.

The committee later removed provisions that would have involved
federal prosecutors in civil copyright cases.

<http://www.ip-watch.org/weblog/index.php?p=1268>