Advisory Committees Encourage Inter-Agency Coordination on Intellectual Property Enforcement

Two new advisory committees aimed at enforcing intellectual property laws are a step in the right direction and are in line with the Prioritizing Resources and Organization for Intellectual Property (PRO IP) Act, some legislators and IP advocates said. The committees are another important step toward fulfilling the promise of the PRO IP Act, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said in a statement Wednesday.

President Barack Obama on Tuesday ordered the establishment of the committees. The teams are tasked with strengthening federal efforts to enforce laws protecting IP in the U.S. and abroad, the order said. Both teams will be chaired by Victoria Espinel, U.S. IP enforcement coordinator. The order follows Espinel’s report, issued Monday to Congress, saying the government achieved a 34 percent increase in seizures of counterfeit goods last year.

A cabinet-level committee will facilitate and implement each Joint Strategic Plan required every three years, the order said. The committee will consist of heads or deputies of agencies like the State and Commerce departments and the Department of Homeland Security. Its first meeting will convene within 90 days, the White House said.

Another advisory committee will consist of heads of departments involved in IP, including the Food and Drug Administration and the U.S. Trade Representative. Although the Register of Copyrights isn’t required to serve, Espinel must invite the Register to join the committee, the order said. The committee also will develop a Joint Strategic Plan by sharing relevant department information, including “statistical information on the enforcement activities taken by that department or agency against counterfeiting or infringement."

The announcement is a good start, House Judiciary Committee Chairman Lamar Smith, R-Texas said in a statement. By encouraging cooperation and communication among federal agencies, “these committees can target counterfeiting trends and recommend responses,” he said. Ranking Member John Conyers, D-Mich., said in a statement: “We hope these committees implement an effective plan to protect consumers and spur innovation.” The creation of Espinel’s position was proposed by the PRO IP Act introduced by Smith and Conyers.

The formation of the committees is “a critical recognition by the Obama administration that we need to do more to better protect and promote IP,” the U.S. Chamber of Commerce said on its blog Wednesday. The committees should work with industry and their foreign counterparts, The Information Technology & Innovation Foundation said in an e-mail.