Defending IP post-SOPA


Lee Eulgen provides a snapshot of the mechanisms available to US IP owners for protecting their trade marks and copyrights online, despite the postponement of some key legislation

As proposed, the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA) would expand the ability of US law enforcement to prevent various entities from conducting business with websites engaged in trade mark and copyright infringement and counterfeiting by generally mandating that the entities block access to or cease business arrangements with such rogue websites. Following the bills' demise in January, some hope for more robust online enforcement of the intellectual property rights of brand and content owners is deferred, but all hope is not lost. In particular, content owners can still employ existing mechanisms for enforcing intellectual property rights to curb and deter instances of infringement. Further, various groups, including Congress itself, are devising new methods for accomplishing some of the goals of SOPA and PIPA in a less controversial manner. Digital Millennium Copyright Act Congress passed the Digital Millennium Copyright Act (DMCA) in October 1998 to mirror existing...



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