Legislation
SHOP SAFE Act
Sen. Chris Coons (D-DE), Chairman of the Judiciary Committee's IP Subcommittee, announced during his opening statement at the Committee’s recent oversight hearing for the U.S. Patent & Trademark Office that he (along with Ranking Member Tom Tillis (R-NC)), plans to reintroduce the SHOP SAFE Act in the near future. As you’re likely aware, the SHOP SAFE Act would mandate that e-commerce platforms implement a range of best practices aimed at combatting the sale of counterfeit goods online, or else be subject to secondary liability for illegal sales by third-party sellers through the platform.
American IDEA Act
On July 27th, Senators Tammy Baldwin (D-WI) and John Cornyn (R-TX) introduced legislation that would re-authorize a Department of Justice program to provide grants to state and local law enforcement agencies to assist their work on IP-related crimes. The American IDEA Act S. 2556 would also facilitate legal assistance to small- and medium-sized enterprises to help them protect their IP rights, authorize GAO studies on IP protection provided by countries designated as Watch List or Priority Watch List countries by USTR, and require the IPEC Office to report on strategies for addressing IP concerns in WL / PWL countries.
IACC President, Bob Barchiesi, was quoted in the press release issued by Sen. Baldwin’s office, stating, “American manufacturers have a reputation for quality and innovation that is unsurpassed in the global marketplace. We know this, in part, because they face a relentless assault by counterfeiters and pirates seeking to profit unfairly from the ingenuity of, and investment by, those American brands … The American IDEA Act is a vital step towards leveling the playing field for American creators, providing tools, resources, and a strategic approach to target bad actors in key jurisdictions around the world. We look forward to working with Senator Baldwin and Senator Cornyn to ensure the enactment of this important legislation.”
Grassley Amendment (NDAA)
The Senate recently voted on its version of the National Defense Authorization Act for FY 2024. Sen. Chuck Grassley offered an amendment for consideration, incorporating the substance of his bill from last Congress, S. 1159, aimed at providing expanded and clarified authority for U.S. Customs and Border Protection to share enforcement-related information with stakeholders, including e-commerce platforms and express delivery services. Unfortunately, the amendment was not included in the final text of the bill passed in the Senate; the IACC will continue to explore alternative vehicles to advance Sen. Grassley’s proposals as the term progresses.
Coons/Grassley Senate Resolution
Senate Judiciary Committee's IP Subcommittee Chairman, Chris Coons (D-DE) and longtime champion of IP rights, Chuck Grassley (R-IA) are expected to introduce a resolution in the Senate designating August ‘‘National Anti-Counterfeiting and Consumer Education and Awareness Month’’.
Hearings
Senate Judiciary
Oversight of the U.S. Patent & Trademark Office
Artificial Intelligence & Intellectual Property – Part II: Copyright
Presidential Appointments
Intellectual Property Enforcement Coordinator
Back in May, President Biden announced the nomination of Deborah Robinson to serve as his administration’s IPEC. Thus far, the Senate Judiciary Committee has not set a date for confirmation hearings on the nomination; but the IACC is actively working with other stakeholders (and the Committee) to support a quick confirmation to fill this important role.
If you’re interested in contributing to these efforts, please contact Travis Johnson directly at tjohnson@iacc.org.
