The Prioritizing Resources and Organization for
Intellectual Property (Pro-IP) Act has already been passed by both
houses of Congress and was signed into law this week by US
president George Bush.
The office of the President had resisted the passing of the law
and had objected to provisions in it which would have allowed the
Department of Justice (DoJ) to pursue civil cases against alleged
IP rights infringers.
That part of the law would have involved public prosecutors
taking civil actions and then handing any damages over to the
private owners of the IP. "Civil copyright enforcement has always
been the responsibility and prerogative of private copyright
holders, and US law already provides them with effective legal
tools to protect their rights," a letter from the White House to
senators said. That part of the law was dropped before the Act was
presented to the White House.
The new law will give the DoJ and the Federal Bureau of
Investigation (FBI) greater resources to tackle IP infringement and
increases the penalties available to those found to have infringed
others' rights.
The IP enforcement co-ordinator will be a Presidential appointee
and will be a part of the White House administration. That person
will co-ordinate inter-agency action on IP infringement, though the
person will be barred from being in charge of law enforcement
staff.
The new law allows for the impouding of all materials, products
and documentation relating to IP infringement.
It allows for the award of three times profits or damages in
cases of intentional counterfeiting, as well as legal costs.
The Recording Industry Association of America (RIAA) was a
strong backer of the Act, as were trade unions and major content
producers such as television networks.
When the law passed through the Senate, RIAA chief executive
Mitch Bainwol said: "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".
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