The bill, titled the Enforcement of Intellectual Property Rights Act of 2008 (S3325), would authorize the Attorney General to enforce civil copyright laws; enhance civil IP laws; provide for coordination and strategic planning of federal efforts against counterfeiting and piracy; and increase resources for key programmes within the Department of Justice to combat IP theft, according to a release.
Specifically, Title II of the bill would provide for treble damages in the case of anyone who intentionally uses a counterfeit mark or intentionally supplies goods or services in violation of the Trademark Act. It also doubles the statutory damages in trade mark counterfeiting cases to a range of $1,000 to $200,000 for use of a counterfeit mark, and to $2 million for wilful use of a counterfeit mark.
"The time has come to bolster the Federal effort to protect this most valuable and vulnerable property, to give law enforcement the resources and the tools it needs to combat piracy and counterfeiting, and to make sure that the many agencies that deal with intellectual property enforcement have the opportunity and the incentive to talk with each other, to coordinate their efforts, and to achieve the maximum effects for their efforts," said Senator Leahy in a statement.
The release also said that IP contributes more than $5 trillion per year to the US economy, and that American businesses lose $250 billion each year to IP theft.
It also claims that more than 750,000 jobs have been lost in the US due to IP theft.
"In the fierce competition of the 21st-century global marketplace, intellectual property is one of the few areas where America has a clear advantage over foreign competitors," said one of the bill's co-sponsors, Ohio Senator George Voinovich. He continued: "It is vital that we protect that advantage, level the playing field and ensure continued economic growth for Americans."
The bill, which was introduced on Thursday, is said to reflect "a measured compromise" of various IP proposals introduced during the 110th Congressional Session.
The Innovation Alliance, which represents technology patent-owning companies including Qualcomm and InterDigital, applauded the bill's introduction.
Alliance spokesman Eric Thomas said in a statement: "We believe copyright protection goes hand-in-hand with strict enforcement of US patent law, which has been an engine for American innovation and creativity and has served the US economy well. We are therefore very pleased to endorse the Senate bill introduced today."
The bill is expected to be referred to the Senate Judiciary Committee.
