U.S. refocusing on IP enforcement — including “enforcement across borders”

I first read on IP-Watch news about recent release of a national intellectual property strategy from the US government.

IP-Watch highlight that:

“The strategy  encompasses 33 enforcement strategy action items that fall within six categories of focus for the United States: (1) leading by example; (2) increasing transparency; (3) ensuring efficiency and coordination; (4) enforcing our rights internationally; (5) securing our supply chain; and (6) building a data-driven government.”

A complete copy of the strategic plan can be viewed here.
The “Enforcing Our Rights Internationally” is particularly interesting as the strategy seeks to influence enforcement outside of US government jurisdiction.

“..Federal agencies, in coordination with the IPEC, will expeditiously assess current efforts to combat such sites and will develop a coordinated and comprehensive plan to address them that includes: (1) U.S. law enforcement agencies vigorously enforcing intellectual property laws; (2) U.S. diplomatic and economic agencies working with foreign governments and international organizations; and (3) the U.S. Government working with the private sector.”

This includes (from IP-Watch site):

“Cracking down on foreign-based and foreign-controlled websites that infringe on American intellectual property rights and having federal law enforcement agencies encourage cooperation with their foreign counterparts on enforcement investigations, particularly in China.”

PCmag.com picked up on that part in their items:
DOJ, FBI to Monitor Foreign Web Sites for IP Piracy” and “Biden: U.S. to Target Pirate Web Sites“.
In the former PCmag include one of the voices who were not applauding the stance, the Computer & Communications Industry Association (CCIA) who:

“…warned against imposing too broad an enforcement strategy. “We are surprised that no one appears to be recognizing the broader economic debate on this issue. A proper enforcement strategy would ensure that legitimate innovation is not being squashed by an overly broad, overly zealous crackdown,” CCIA president and CEO Ed Black said in a statement. “Balanced intellectual property will promote innovation, investment, and civic discourse, while ensuring that intellectual property rights holders are fairly treated.”

The CCIA website publishes some questions they raised around the issues of the new strategy.  They quote their own report “Fair Use in the U.S. Economy“:

“…companies benefiting from limitations on copyright-holders’ exclusive rights, such as “fair use” – generated revenue of $4.7 trillion in 2007 – a 36 percent increase over 2002 revenue of $3.4 trillion. The most significant growth over this period was in Internet publishing and broadcasting, web search portals, electronic shopping, electronic auctions and other financial investment activity.”

In the preface Ed Black, President & CEO of the CCIA says:

“we are only beginning to fully understand in the 21st century that what copyright leaves unregulated—the ‘fair use economy’—is as economically significant as what it regulates.”

Interesting….

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