Intellectual Property Rights Act of 2008: What Does it Mean?

The Enforcement of Intellectual Property Rights Act of 2008 was introduced in the Senate last week.

The law would increase penalties for counterfeiting, with damages as high as $2 million for “willful” trademark violations, empower federal prosecutors to bring civil suits against copyright infringers, provide for the seizure of property used to violate copyrights and trademarks.

The law allows the President to appoint an Intellectual Property Enforcement Coordinator (or “copyright czar”), who would develop a “joint strategic plan” to harmonize the IP enforcement efforts of diverse federal agencies, including the Department of Justice, Patent Office, State Department, and Department of Homeland Security.

There is a question as to what the provision that would allow for the seizure of “property used, or intended to be used, in any manner or part to commit or facilitate” a copyright or trademark infringement would actually allow.  While this language is presumably meant to target the equipment used by commercial bootlegging operations, it would also appear to cover, for example, the computer used to BitTorrent a movie or album.le

The Motion Picture Association of America and Business Software Alliance both rapidly issued statements approving of the bill.

While the enthusiasm in both houses for similar legislation would appear to favor the bill’s passage, most observers doubt that Congress will be able to move on the law before the beginning of summer recess.

Once again there are continuing forces pressuring congress to pass stronger protection for intellectual  property.  Although this bill does not appear to effect domain name directly it is a sign of legislation to be introduced next year.