I am pleased to introduce the Intellectual Property Enforcement Act of 2007.  Congress is charged “to promote the progress of science and useful arts,” and part of promotion is protection.  This legislation will enhance existing intellectual property enforcement laws, provide more resources to combat infringement, and harmonize copyright and trademark laws.  I thank Senator Cornyn for joining me in this effort, which is a high priority of mine, and also of the creative communities and industries across the county. 

Each year, counterfeiting and copyright infringement cost the U.S. economy billions of dollars.  The International Anti-Counterfeiting Coalition estimates that counterfeiting and piracy cost American businesses $250 billion a year – and hundreds of thousands of jobs as well.  Clearly, IP theft is big business, and that can devastate small businesses.  No one knows this better than Vermont companies such as Hubbardton Forge, Vermont Teddy Bear Company, and Burton Snowboards.  Each of these companies, and many others like them across the nation. invests time, money, and effort in the development of new products.  When their products are infringed, it devalues the product and threatens the company. 

Senator Cornyn and I have heard from a myriad of interested parties about the importance of protecting intellectual property, and have seen many enforcement proposals.  The legislation we introduce today will serve as the core of our legislative effort this year.  It will start the process of considering how to ensure that our enforcement laws are up to the task, and that the necessary resources are in place to enforce them.  Other Senators have introduced legislation to address these issues, and the Department of Justice and others have suggested legislative language.  These are all helpful to the debate, and I expect there will be more to come.  Introduction of the Intellectual Property Enforcement Act of 2007 is the beginning of this important effort.

The centerpiece of the bill we introduce today gives the Department of Justice the ability to bring civil actions against copyright infringers.  Punishment should fit the crime, and a civil action is often more appropriate to the wrong being done in such cases than is criminal prosecution.  This concept has passed the Senate on three separate occasions, as the PIRATE Act.  Next, this bill adds resources for agents to combat infringement.  It does not matter how strong our laws are, if there are not enough agents, or if our agents do not have the proper expertise to investigate and prosecute crimes, piracy will flourish and harm our economy.  Third, this bill allows for “harmless errors” on copyright registration forms.  Copyright registration should not be voided by innocently checking the wrong box or misspelling a word on a form.  Finally, this bill harmonizes the forfeiture provisions in the copyright and trademark statutes.  

By enacting well-balanced enforcement laws, we can protect both the creators and the consumers of intellectual property.  It is impossible to put a price tag on creativity, but we must do all we can to protect the fruits of creative labor. 

I ask unanimous consent that the full bill text be included in the Record.