Posts Tagged ‘USTR’

International Intellectual Property Alliance (IIPA) Files 301 Report

A short while ago I reported that the International AntiCounterfeiting Coalition (the “IACC”) filed a 301 report with the Office of the United States Trade Representative (the “USTR”).

Now, I want to report on the filing with the USTR done by the International Intellectual Property Alliance (the “IIPA)(Don’t you wish sometimes that these organizations came up with better names for themselves).

The IIPA is based in Washington, DC and has been around for many years. It is a kind of association of associations, representing the IP interests of the various copyright organizations in the US . Early this month, the IIPA President, Eric Smith, testified before the USTR and summarized the IIPA positions as follows:

“This year, we ask the U.S. government to pay heightened attention to countries
where enforcement is inadequate and non-deterrent. We should ask our trading partners to:

• Undertake more criminal actions against piracy of software in the corporate
environment; against growing online and mobile device piracy of music, motion
pictures, software, video games and books and journals; against continuing
piracy of optical disc products and the unauthorized printing and commercial
photocopying of books and journals; and, against the manufacturing and
trafficking in circumvention devices.

• Dedicate sufficient enforcement resources, and train and empower enforcement
authorities, in a manner commensurate with the scale of the problem.

• Remove onerous and unnecessary procedural barriers to the judiciary acting in
civil and criminal cases.

• Impose deterrent penalties in criminal cases and adequate (and deterrent)
damages and remedies in civil cases.

The U.S. government should also ask our trading partners to:

• Encourage cooperation of ISPs with all content owners, including workable and
fair notice and takedown systems and graduated response mechanisms to deal
with repeat infringers online.

• Direct government agencies, contractors and educational institutions to use only
legal software and legal copies of textbooks, and to ensure that their networks
or computers are not used for infringement of any copyrighted content.

• Enact and enforce laws against camcording motion pictures.

• Implement the obligations in the WIPO Internet treaties and to ratify those
treaties, if they have not yet already done so.

• Dismantle market access barriers and refrain from establishing market access
conditions based on the nationality of the IP owner.”

The USTR’s Report based upon the filings of interested parties like the IACC and the IIPA will be out later this Spring. I hope that the US government will adopt the recommendations filed by the IACC and the IIPA.