Tuesday, June 03, 2008

H.R. 4279: Legalizing the Seizure of Your Computer

Prioritizing Resources and Organization for Intellectual Property Act of 2007 - Amends federal copyright law to:

(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. Amends the federal criminal code with respect to intellectual property 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.

Establishes within the Executive Office of the President the Office of the United States Intellectual Property Enforcement Representative to formulate a Joint Strategic Plan for combating counterfeiting and piracy of intellectual property and for coordinating national and international enforcement efforts to protect intellectual property rights.

Directs the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office (USPTO) to appoint 10 additional intellectual property attaches to work with foreign countries to combat counterfeiting and piracy of intellectual property.

Establishes within the Department of Justice (DOJ) the Intellectual Property Enforcement Division to be headed by an Intellectual Property Enforcement Officer (IP Officer). Amends the Computer Crime Enforcement Act to modify grant programs for combating computer crime to include infringement of copyrighted works over the Internet. Directs the Office of Justice Programs of DOJ to make grants to state and local law enforcement agencies to combat intellectual property theft and infringement crimes. Directs the Attorney General to:

  • (1) review Computer Hacking and Intellectual Property (CHIP) units and provide such units with additional support and resources;
  • (2) direct each U.S. attorney to review policies for accepting or declining prosecutions of criminal cases involving intellectual property theft;
  • (3) deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries to protect the intellectual property rights of U.S. citizens; and
  • (4) increase DOJ training and assistance to foreign governments to combat counterfeiting and piracy of intellectual property.

http://www.opencongress.org/bill/110-h4279/show

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