Intellectual Property Law

Updates on Congressional IP/Legal Legislation

By Peter Zura

(1) provide a safe harbor for copyright registrations that contain inaccurate information;
(2) provide that copyright registration requirements apply to civil (not criminal) infringement actions;
(3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement;
(4) revise standards for civil damages in copyright infringement and counterfeiting cases; and
(5) prohibit importing and exporting of infringing copies of copyrighted works.

Also, the federal criminal code would be amended with respect to copyrights/TM's to:
(1) enhance criminal penalties for infringement of a copyright, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and
(2) enhance civil and criminal forfeiture provisions for copyright infringement and provide for restitution to victims of such infringement.

- View a copy of H.R. 4279 here.

Upcoming Amendments to Attorney/Client Privilege (S. 2450) - While this isn't necessarily "new", it is worth noting that amendments to the Federal Rules of Evidence were approved last February in the Senate, and continue their way through the House. Under S. 2450, the Federal Rules of Evidence would be amended with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Full post as published by Two-Seventy-One Patent Blog on May 12, 2008 (boomark / email).