The period following Congress’ annual summer recess is typically a very busy time in Washington, and this year remained true to form. While much of the attention has focused on the chaos surrounding the last-minute dealing to avert a government shutdown at the end of September, followed by intra-party strife that led to the removal of House Speaker Kevin McCarthy and a weeks-long effort to name a successor; here are some things you may have missed.

August

On Tuesday, August 8^th, IACC VP for Legislative Affairs, Travis Johnson, joined stakeholders from the copyright industries in a roundtable discussion with representatives from Mexico’s Institute for Industrial Property (IMPI) to highlight rights-holders’ priorities and concerns related to the protection and enforcement of intellectual property in Mexico. Participants discussed a wide range of topics including the vital role played by trademarks in consumer protection, IP as a driver of economic development, and the importance of effective and deterrent penalties as a means to ensuring a safe and trusted marketplace for consumers and legitimate businesses. The IACC has recommended Mexico’s inclusion on USTR’s Special 301 Watch List in countless years past, and as one of our largest trading partners, the country remains a key concern for rights-holders across many product sectors.

Later in the month, the IACC filed comments in response to the U.S. Patent and Trademark Office’s “Future of Anti-counterfeiting and Anti-piracy” initiative. The IACC’s submission focused on key areas of concern raised by our members, including the need for:

• Enhanced / comprehensive data sharing between and among stakeholders in the public and private sectors;
• Modernization of legislative and regulatory frameworks to address evolving distribution models and the practical realities of the consumer marketplace;
• Additional tools to assist rights-holders, including small- and medium-sized enterprises (SMEs);
• Increased efforts with respect to public awareness and consumer education; and
• Increased investment in specialized resources to assist legitimate businesses, small and large.

September

Throughout the recess period, and following the resumption of the session, we’ve continued our advocacy for the inclusion of provisions in the National Defense Authorization Act for Fiscal Year 2024, to enhance CBP’s border enforcement capabilities and authority to partner with the private sector. Senators Grassley and Hassan championed the adoption of language in the Senate’s version of the legislation that would clarify and expand CBP’s ability to share intelligence with relevant stakeholders in combatting illicit shipments. In furtherance of that effort, the IACC led a group of 15 associations representing IP owners urging the House and Senate to incorporate those provisions in the final text of the NDAA to be finalized in conference between the two houses. We will continue our engagement on this important issue as negotiations between the Senate and House conferees move forward.

Later in September, we were pleased to see progress on the nomination by President Biden of Deborah Robinson as his Administration’s Intellectual Property Enforcement Coordinator. On September 28^th, the Senate Judiciary Committee favorably reported her nomination by a vote of 13-8. The Democratic Majority was joined by Sen. Lindsey Graham, Ranking Member of the full committee, and Sen. Thom Tillis, Ranking Member of the IP Subcommittee, to approve Robinson’s nomination in what was otherwise a party-line vote. The nomination will now proceed to the Senate Floor for final consideration; we’re hopeful that Robinson will be confirmed by the full Senate before the end of the calendar year.

October

IP issues remained front and center as we moved into October. On the 3^rd, the IACC joined numerous members and other stakeholders for a series of roundtables hosted by the U.S. Patent and Trademark in connection with the agency’s above-mentioned “Future of Anti-counterfeiting” initiative.   That same day, the Senate Judiciary Committee’s IP Subcommittee held a hearing on the recently re-introduced SHOP SAFE Act. Many of you are undoubtedly familiar with this legislation, versions of which have been considered in each of the last two Congresses. The SHOP SAFE Act enumerates a range of best practices to combat the sale of counterfeit goods in e-commerce, and opens the door to claims of secondary liability against platforms who fail to take appropriate steps to police third-party sellers. Prior to the hearing, Subcommittee Chairman, Chris Coons, and Ranking Member, Thom Tillis, introduced a new version of the bill incorporating a range of feedback from stakeholders in connection with previous iterations.

On October 6^th, the IACC filed comments with the Office of the U.S. Trade Representative in response to a request for input for USTR’s annual Notorious Markets review. The IACC’s submission highlighted concerns voiced by rights-holders in connection with nearly two dozen brick and mortar marketplaces around the world, in addition to ten international e-commerce platforms. USTR is currently reviewing stakeholders’ comments, as well as rebuttal comments offered by platform operators. The final report by USTR is expected to be published in early 2024.

With the threat of another government shutdown looming, a new Speaker in office, and any number of competing priorities vying for Congressional attention between now and December, the remainder of the year will undoubtedly be busy. We look forward to keeping you apprised of further developments on these issues.

If you have any questions, please contact Travis Johnson directly.