Intellectual Property Law

Intellectual Property Rights Act of 2008

By Marty Schwimmer

Counterfeit Chic: Senate Considers Enforcement of IP Rights Act of 2008:

Among the bill's additions to existing law are the following:

Authorization of the Attorney General to bring civil, not just criminal actions -- a potential benefit to intellectual property rights holders who now have to file such lawsuits on their own dime;

Enhanced penalties, including doubled statutory damages for counterfeiting (to $1,000 to $200,000 for use of a fake trademark and to $2m for doing so willfully);

New forfeiture provisions for property used to violate intellectual property rights -- like that car used to transport counterfeit handbags or a computer used to download music;

More enforcement resources and personnel at the local, national, and international levels, including placement of IP law enforcement coordinators in hotspots overseas;
and
A federal Intellectual Property Enforcement Coordinator, a.k.a. a Copyright Czar.

Full post as published by Trademark Blog on July 29, 2008 (boomark / email).