Senate Passes Intellectual Property Rights Act of 2008
On September 26, 2008, the Senate unanimously passed legislation designed to address intellectual property rights enforcement concerns and to protect American innovation and advancement. The Intellectual Property Rights Act of 2008 was introduced in July 2008 by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Ranking Member Arlen Specter (R-Pa) along with senators from both sides of the aisle. After ongoing negotiations in the Senate, and with the House of Representatives and the administration, the bill was amended and passed.
The legislation provides increased resources for Department of Justice programs to combat intellectual property theft, and provides coordination and strategic planning of federal efforts against counterfeiting and piracy. The Act also allows for the Attorney General to prosecute civil copyright infringement cases, and includes measures to strengthen both civil and criminal copyright laws and to beef up law enforcement resources to fight intellectual property crimes. Specifically, the provisions of the recently passed bill will:
- Prioritize the federal government response to domestic intellectual property crimes by streamlining the coordination and improvement of interagency efforts;
- Provide grants to the Department of Justice to assist state and local law enforcement agencies in enforcing intellectual property related crimes;
- Devote additional agents and resources to the FBI for the study, implementation and active enforcement of efforts against intellectual property and counterfeiting crimes; and
- Provide tools to better gather evidence for the prosecution of Intellection Property crimes.
The Senate legislation mirrors the PRO-IP Act, which passed in the House of Representatives in May 2008, and also includes a provision that would create a White House-level position to coordinate intellectual property law enforcement across government agencies.
Recording Industry Association of America (RIAA) Chairman & CEO, Mitch Bainwol, commented,This bill truly is music to the ears of all those who care about strengthening American creativity and jobs. At a critical economic juncture, this bipartisan legislation provides enhanced protection for an important asset that helps lead our global competitiveness. The intellectual property industries are widely recognized as a cornerstone of the U.S. economy. Additional tools for intellectual property enforcement are not just good for the copyright community but for consumers who will enjoy a wider array of legitimate offerings.
According to a recent report, global piracy of copyrighted material costs the U.S. economy $58 billion per year and more than 370,000 jobs and $16 billion in earnings for U.S. workers.
Senate.gov, September 26, 2008
Read the Legislation, with Floor Amendment here.
RIAA.com, September 26, 2008
Read the press release here.
Digital Media Wire, September 24, 2008 (Mark Hefflinger)
Senate Introduces Intellectual Property Rights Act