A group of senators introduced a bipartisan bill in the U.S. Senate on Thursday that would empower the U.S. Attorney General to bring civil actions against copyright violators.
A press release from sponsor Sen. Patrick Leahy, D-Vt., states that key among the provisions of the Enforcement of Intellectual Property Rights Act of 2008 are authorization for the Department of Justice to enforce civil copyright laws, enhancements to civil and criminal IPR laws and penalties, improved coordination of federal efforts against counterfeiting and piracy, and increased resources for DOJ programs to combat IPR theft.
A fact sheet from Leahy’s office states that the bill includes the following provisions.
Civil Copyright Enforcement. The DOJ would be able to bring civil lawsuits against those whose conduct constitutes criminal copyright infringement, as criminal sanctions can be too severe a punishment for the harm done by the violation.
Civil Law Enhancements. Civil IPR law would be enhanced by making it easier to bring lawsuits, improving remedies and applying copyright and trademark laws to exported and transshipped items as well as imported goods. For example, treble damages would be imposed not only on those who intentionally use a counterfeit mark but also on those who intentionally supply goods or services necessary for a violation of the Trademark Act. In addition, statutory damages in trademark counterfeiting cases would be doubled to a range of $1,000 to $200,000 for the use of a counterfeit mark and to $2 million for the willful use of a counterfeit mark.
Criminal Law Enhancements. The forfeiture provisions that apply in cases of criminal copyright infringement would be harmonized with those concerning trademarks for counterfeit documentation or packaging, unauthorized fixation of live musical performances, unauthorized recording of motion pictures, trafficking in counterfeit goods or services and violations of the Economic Espionage Act. The maximum statutory penalties for counterfeiting offenses that endanger public health and safety would be increased, to 20 years’ imprisonment for knowingly or recklessly causing serious bodily injury and to life imprisonment for knowingly or recklessly causing or attempting to cause death.
New Federal Official. A new Senate-confirmed intellectual property enforcement coordinator position would be created in the Executive Office of the President. This official would chair an interagency committee that will produce and implement a joint strategic plan to enforce IPR laws.
Additional Resources. An operational unit to fight IPR crimes would be created within the Federal Bureau of Investigation and an organized crime task force would be established at the DOJ to study organized crime relating to IPR theft. The DOJ would be required to send five intellectual property law enforcement coordinators to the countries or regions where their presence and assistance can have the greatest positive effect on U.S. intellectual property rights and interests.