Intellectual Property Law

Feds Prosecuting More Counterfeiters, IP Pirates

By David Kravets

Federal prosecutions of criminal counterfeiting and copyright infringement cases have jumped over the past five years, as have IP-related prison terms, according to a Justice Department report.

The congressionally required report reviewed dozens of cases involving counterfeited pharmaceutical drugs, toothpaste, oil pipeline couplings, sports jerseys, DVDs and software. Movie camcording was also included.

The increases in sentences and prosecutions came even though one-third fewer IP cases were referred to federal authorities for prosecution (.pdf). There were 565 referrals in 2004 and 365 in 2008, the last year for which figures were compiled, according to data compiled in The PRO-IP ACT First Annual Report 2008-2009.

That said, the number of actual prosecutions increased from 2004 to 2008, despite fewer forwarded cases. Prison sentences have varied but generally have also been getting more severe.

While more defendants are getting terms in the one- to five-year range, the number of defendants getting no time has increased as well, from 79 in 2004 to 107 last year. Just three defendants got more than five years in 2008, down from 16 the prior year.

The report was required under the PRO-IP Act, which President George W. Bush signed last year. The act, which aims to bolster the United States’ enforcement of intellectual property crimes worldwide, (.pdf) also created a so-called copyright czar.

The position is on par with the nation’s drug czar. Obama’s pick for the position, Victoria Espinel, has been approved by the Senate Judiciary and is waiting for confirmation by the full Senate.

See Also:

• Bush Signs Law Creating Copyright Czar
• Obama Appoints Scholar as New Copyright Czar
• Fiction or Fiction: 750000 American Jobs Lost to IP Piracy …
• ‘Orphan Works’ Copyright Law Dies Quiet Death

Full post as published by Threat Level on December 03, 2009 (boomark / email).