[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[Extensions of Remarks]
[Pages E2500-E2501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 INTRODUCTION OF THE PRO IP ACT OF 2007

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                      Wednesday, December 5, 2007

  Mr. CONYERS. Madam Speaker, today I am introducing the Prioritizing 
Resources and Organization for Intellectual Property (``PRO IP'') Act 
of 2007, legislation that highlights the importance of intellectual 
property enforcement by making several changes to substantive civil and 
criminal laws; providing for more efficient and directed coordination 
efforts among the various agencies; and allocating more resources 
towards enforcement efforts. I am joined by Representatives Berman, 
Smith, Schiff, Feeney, Issa, Chabot, Cohen, Keller, Jackson-Lee and 
Goodlatte.
  The objectives and content of this legislation are supported by a 
broad range of interests. Many unions and guilds, such as the 
Teamsters, Directors Guild of America, SEIU, AFTRA, Unite Here, AFM, 
Laborers, OPEN, IATSE, and others, have sent letters in support of 
comprehensive IP enforcement legislation, in general, and more 
specifically, of many of the provisions contained in this bill. On the 
industry side, the Coalition Against Counterfeiting and Piracy, which 
represents 500 companies and trade associations, from the Motor 
Equipment Manufacturing Association and PHARMA to NBC Universal and 
Cleveland Golf, issued a June 2007 set of legislative objectives that 
are largely captured in this bill.
  This legislation is an important and necessary step in the fight to 
maintain our competitive edge in a global marketplace. By providing 
additional resources for enforcement of intellectual property, we 
ensure that innovation and creativity will continue to prosper in our 
society.

[[Page E2501]]

  The need for this legislation is clear. Counterfeiting and piracy 
costs the global economy between $500 and $600 billion a year in lost 
sales. That's around 5 to 7 percent of global trade. It costs the 
United States between $200 and $250 billion a year in lost sales, 
including 750,000 jobs.
  And it's not just about money. Counterfeiting and piracy can place 
human lives at risk. As counterfeiting proliferates in sectors such as 
pharmaceuticals, aircraft, and auto parts, the harm can be a matter of 
life and death. For example, the World Health Organization estimates 
that the prevalence of counterfeit pharmaceuticals ranges from less 
than 1 percent in developed countries to over 30 percent in developing 
countries, and over 50 percent of counterfeit pharmaceuticals are 
obtained from illicit websites. The Center for Medicine in the Public 
Interest estimates that counterfeit drug commerce will grow 13 percent 
annually through 2010, nearly twice the rate of legitimate 
pharmaceuticals. As we read stories about people being harmed by 
counterfeit toothpaste, toys, or drugs, we see the real effects of 
these practices on American lives.
  This legislation attempts to address these intellectual property 
offenses in a broad and encompassing manner. It does not take only one 
approach toward bolstering our intellectual property laws but rather 
tackles the challenges in several ways. First, Titles I and II 
strengthen the substantive civil and criminal laws relating to 
copyright and trademark infringement. For example, the legislation 
address several issues related to registration of a copyright and the 
manner in which damages are calculated for certain claims of 
infringement, as well as tackling some of the problems that occur at 
our Nation's borders and harmonizing the various forfeiture laws for 
the different intellectual property offenses.

  Second, Title III of the legislation establishes the Office of the 
United States Intellectual Property Enforcement Representative, USIPER, 
in the Executive Office of the President, to handle nationwide and 
international coordination of intellectual property enforcement 
efforts. This legislation provides that the USIPER, together with an 
interagency Intellectual Property Advisory Committee, composed of every 
federal agency with expertise in either Intellectual Property 
protection or enforcement, will generate a joint strategic plan to 
marshal the disparate resources and expertise of United States 
enforcement efforts and coordinate and consolidate these efforts.
  Third, Title IV provides for the appointment of intellectual property 
attaches to work with foreign countries in their efforts to combat 
counterfeiting and piracy. The attaches will be responsible for 
coordinating training and technical assistance programs within the host 
country.
  Finally, Title V of the legislation raises the level of intellectual 
property enforcement coordination within the Department of Justice by 
placing the functions of the existing Computer Crime and Intellectual 
Property Section related to enforcement of intellectual property laws 
and trade secrets under the auspices of a new Intellectual Property 
Division, and also transfers the International Intellectual Property 
Enforcement Coordinators to this new Division. This section of the bill 
also provides for additional law enforcement resources, including local 
law enforcement grants and additional CHIPS and dedicated FBI 
personnel, and requires DOJ to provide an annual report of its efforts 
in intellectual property enforcement. Finally, the bill promotes 
transparency in the prosecutorial process by directing the DOJ to 
review and consider modifying their standards for accepting or 
declining prosecution of the intellectual property laws, including 
procedures for advising complainants and victims of intellectual 
property crimes.
  If the United States is to maintain its position in the increasingly 
competitive global economy, we must fulfill our obligation to American 
intellectual property rights holders and ensure that their inventions, 
creations, writings, and discoveries are not stolen without effective 
recourse. This comprehensive piece of legislation goes a long way 
toward protecting that creativity and ingenuity that is vital to the 
U.S. economy.

                          ____________________