All the right things were said at this morning's Senate Judiciary Committee hearing on copyright protection. (Find witness testimony and the opening statement of Chairman Patrick Leahy [D-VT] here.) The focus of this hearing was the health risks of copyright, including unsafe electronics with fake UL approval labels, counterfeit pharmaceuticals, and knockoff automobile parts such as brake pads or timing belts. The witnesses mentioned the growing role the Internet plays in facilitating this counterfeiting. The hearing served three important purposes: 1) It emphasized that IP enforcement enjoys strong bipartisan support. 2) It showed that there are real dangers associated with counterfeiting. 2) It emphasized how piracy and counterfeiting touches on industries across our economy.

The witnesses also emphasized that this is a global problem, and foreign governments often do a poor job of enforcing their own IP laws. (This is no secret to anyone who follows the issue or reads this blog.) One noted that the problem usually occurs at the municipal level, where local politicians may be involved financially with the pirates, but clearly central governments are dropping the ball as well. Leahy noted that the Chinese government has suddenly discovered the importance of IP protection when it comes to going after knockoff versions of its Olympic mascot plush dolls. Leahy said "It's never too late for the sinner to come to the church."

So what will come of this hearing? Well, Leahy already has a bill introduced, one of two on copyright enforcement in the Senate. Of course, the PRO-IP Act sailed through the House. It's likely we'll see a new Senate bill. I don't claim to know everything about this process, but here are some things I feel pretty sure about: 1) Senate Judiciary Committee leaders on both sides of the aisle are committed to moving IP enforcement legislation. 2) They are well aware of the clock, i.e., the time pressures involved in the declining weeks of the Congress and the pressures of an election. 3) They recognize that because the issue has broad bipartisan support it has a chance to move, and because of that there will be efforts to saddle it with extraneous parts, which would only slow it down. 4) They know that when it comes to improving coordination on IP enforcement across federal agencies, they need a solution that would satisfy not just a Bush administration but a McCain or Obama administration.

We heard from the GAO at the hearing that a previous attempt to coordinate interagency cooperation on IP enforcement has not met expectations, although as Leahy noted that was not the fault of the coordinator but rather the structure of the system itself. It is inarguable that USTR, DoJ, State, DHS, Commerce, the Copyright Office and others could work much more efficiently on IP enforcement. It is in everybody's best interest that they do so. It will mean a stronger economy. It will mean more jobs. It will mean more corporate and personal tax revenues. And it will mean more opportunities for creators and artists. Here's hoping the powers that be can find a solution, and quickly.

This entry was posted on Tuesday, June 17th, 2008 at 2:16 pm by Patrick Ross and is filed under capitol hill, counterfeit, piracy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.