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Senate Refers to Judiciary Committee Bill to Enhance Remedies Against IP Violations
Enforcement of Intellectual Property Rights Act of 2008
S. 3325, 07/24/2008
Basic Information
The Senate has referred to the Committee on Judiciary a bill that will allow for harsher civil penalties to be accessed to those found guilty of violating intellectual property ("IP") laws and improve the civil remedies available to the victims.
The bill, known as the “Enforcement of Intellectual Property Rights Act of 2008,” provides for enhanced funding for the Department of Justice. The increased budget will help support state and local organization efforts and further the reach of an existing Federal Bureau of Investigation task force formed to crack down on organized crime and counterfeiting.
Introduced by Senate Judiciary Committee chairman Patrick Leahy (D-Vermont) and ranking member Arlen Specter (R-Pennsylvania), and read twice on the Senate floor on July 24, 2008, the proposed legislation seeks to coordinate widespread U.S. agency efforts, effectively marshalling national resources to help better equip state and local associations when protecting IP.
For instance, the legislation provides for the creation of the position called Intellectual Property Enforcement Coordinator ("IPEC") to serve within the Executive Office of the President. Part of the duties of the IPEC is to chair the interagency intellectual property enforcement advisory committee established under the bill and coordinate the development of the Joint Strategic Plan ("JSP") against counterfeiting and piracy by the advisory committee stated under the bill. The IPEC however may not control or direct any law enforcement agency in the exercise of its investigative or prosecutorial authority.
Among the objectives of the JSP are to reduce counterfeit and pirated goods in the domestic and international supply chain, and to identify and address structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement action against the financing, production, trafficking, or sale of counterfeit or pirated goods.
View a PDF of the proposed legislation.Service
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