[Congressional Record Volume 167, Number 71 (Monday, April 26, 2021)]
[Senate]
[Pages S2188-S2189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                    World Intellectual Property Day

  Mr. LEAHY. Madam President, as we finally, finally begin to turn the 
corner on the coronavirus pandemic, we have the hard work of rebuilding 
our economy.
  One of the core engines of the American economy is intellectual 
property. From the smallest startup to the largest multinational 
company, intellectual property is central to creating jobs, boosting 
economic output, and protecting consumers. So it is appropriate that, 
today, we celebrate World Intellectual Property Day, which recognizes 
the important role that intellectual property plays in promoting 
innovation, creativity, and economic growth.
  This year's World IP Day theme celebrates the contributions of small- 
and medium-sized businesses to the global marketplace. Why? Well, these 
small enterprises make up 90 percent of the world's businesses. Whether 
through protecting their brands with trademarks or their inventions 
with patents, intellectual property allows these small companies to 
grow and succeed; yet, here at home, far too many Americans with an 
entrepreneurial spirit find key elements of the intellectual property 
system out of their reach.
  Last week, the Senate Judiciary Subcommittee on Intellectual 
Property--and I am privileged to chair that--held an important hearing 
to find ways to boost access in the patent system. We know that women 
and people of color are chronically underrepresented in the patent 
system, which results in a serious loss to our economy.
  I am particularly proud that this hearing featured testimony from 
Georgia Grace Edwards, a Middlebury College graduate and entrepreneur, 
who realized that, after spending a summer in Alaska and 8 to 12 hours 
at a time on ice, she was at a serious disadvantage when it came to 
answering nature's call during her treks. Like so many innovators 
before her, Georgia Grace got to work in designing a new zipper--in 
sense, it was such a great thing--that could be incorporated into a 
variety of women's pants.
  Now, while she was ultimately able to successfully navigate the 
patent system and secure protection for her idea, here is the problem. 
She faced a number of barriers along the way: the high cost of 
obtaining a patent, particularly from legal fees; a lack of knowledge 
about how the patent system works; and the lack of representation of 
women throughout the system.
  Ten years ago, Congress enacted the Leahy-Smith America Invents Act, 
which put structures in place to help access the patent system and 
bring up a far more diverse set of inventors into the innovation 
economy, and at our hearing, we heard specific ideas for building on 
the success of the Leahy-Smith America Invents Act.
  As the President awaits nominating the next Director of the U.S. 
Patent and Trademark Office, I want him to choose a nominee who shares 
a commitment to increasing access. It is not just the huge companies 
that need it; it is the small inventors.
  It is important that the next Director of the U.S. Patent and 
Trademark Office respect the law, including the statutory bounds set by 
Congress. You know, the last administration took steps to undermine the 
Leahy-Smith Act. They acted outside those statutory bounds.
  I have always sought to curb the potential for poor-quality patents 
to be abused. That drove much of the work we did 10 years ago. So I 
look forward to supporting a nominee for PTO Director who shares my 
view that it is important to weed out poor-quality patents, avoid the 
potential for abuse, but at the same time reinforce the protection 
provided to high-quality patents.
  We must also work to ensure that hard-working small business owners 
and creators who rely on copyright protections to make a living are 
able to protect their works online.
  While I appreciate the steps that some online platforms are taking to 
address the persistent problem of online infringement, much like the 
issue of diversity in the patent system, more work needs to be done.
  Last month, I joined with Senator Tillis and other members of the IP 
Subcommittee, and we sent a letter to major online platforms outlining 
specific voluntary measures they could adapt to crack down on online 
infringement. I hope that on World IP Day, the leaders of these online 
platforms will take a moment to consider the plight

[[Page S2189]]

of the individual songwriter or photographer or the independent film 
producer and give serious thought to steps they can take to ensure that 
creators can adequately protect their works online. You know, for these 
small and independent creators, nothing short of their livelihoods is 
at stake.
  Finally, I want to recognize the important work our IP system does to 
protect consumers. The trademark system helps to guide consumers in 
finding which products are legitimate but also which are not.
  Unfortunately, fraudsters are relentless in exploiting opportunities 
to fool consumers into buying counterfeit products, and that has been 
especially dangerous during the global pandemic. Just last month, 
authorities seized more than 65,000 counterfeit 3M N95 masks--not like 
the real one I am holding. But that is just the tip of the iceberg. As 
the chairman of the Senate Appropriations Committee, I am committed to 
ensuring that Customs and Border Patrol has the resources it needs to 
respond to the ever-evolving counterfeiting threat. A diverse, 
accessible, and effective intellectual property system that rewards 
creativity and innovation is essential to our Nation's continued 
prosperity, and I look forward to working with Ranking Member Tillis 
and the other members of the IP Subcommittee, as well as with the 
Appropriations Committee, to both celebrate the achievements of 
American inventors and ensure that their contributions are being 
protected