Intellectual Property Law

Congress Passes Anti-Counterfeiting Bill

By Michael Atkins

The “PRO-IP” bill, otherwise known as the “Prioritizing Resources and Organization for Intellectual Property Act of 2008,” passed the House on Sept. 28 and is headed for the White House.

If signed, the bill would revise a number of existing statutes relating to counterfeiting, including the Lanham Act.

Among the highlights:

• 15 U.S.C. § 1117(b) would be amended to require courts to enter judgment for triple the counterfeiter’s profits or damages, whichever is greater, plus attorney’s fees, unless the court finds extenuating circumstances.
• 15 U.S.C. § 1117(c)(1) would be amended to double the amount of statutory damages in cases involving counterfeit marks (including a doubling to $2 million per counterfeit mark when use of the counterfeit mark is found to be willful).
• The position of Intellectual Property Enforcement Coordinator would be created to coordinate the development of a Joint Strategic Plan against counterfeiting and infringement.
• The Act would create grants to local law enforcement to help combat counterfeiting and infringement.
• The Act would direct the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, to ensure that there are “at least 10 additional operational agents” of the FBI designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice to investigate intellectual property crimes.
• The Act would provide the FBI and Attorney General with $10 million each to hire and train law enforcement officers to investigate intellectual property crimes and crimes committed through computers.

The bill (S. 3325) passed the Senate by unanimous consent. It passed the House by a vote of 381 to 41.

The White House certainly has bigger problems to worry about these days, but I’d be surprised if it was not quickly signed into law.

Full post as published by Seattle Trademark Lawyer on September 30, 2008 (boomark / email).