As we close out the first half of 2023, we'd like to provide a brief summary of the U.S. Federal IP landscape to date; and a look ahead at what’s in the pipeline for the remainder of the year.

Presidential Appointments

Intellectual Property Enforcement Coordinator

On May 8^th, President Biden announced his intention to nominate Deborah Robinson to serve as his administration’s IPEC. The IACC has already registered its support for Robinson’s nomination with the Senate Judiciary Committee, and will be working closely with other industry stakeholders to support a quick confirmation.

If you’re interested in contributing to these efforts, please contact Travis Johnson directly.

Bills We’re Watching

S 2004 – Import Security and Fairness Act

Sponsor:  Sherrod Brown (D-OH) / Marco Rubio (R-FL)

Status:  Referred to Senate Finance Committee

HR 4148 – Import Security and Fairness Act

Sponsor:  Earl Blumenauer (D-OR) / Neal Dunn (R-FL)

Status:  Referred to House Ways & Means Committee

Overview:  Legislation introduced on a bicameral, bipartisan basis would preclude de minimis treatment for the importation of goods from a “nonmarket economy country” and from “a country included in the Special 301 Priority Watch List.”  The bills – H.R. 4148 (Blumenauer – D (OR) and Nunn (R-FL)) and S. 2004 (Brown – D (OH) and Rubio – R (FL)) – takes aim at the exploitation of the current de minimis regime by countries such as China to import massive quantities of goods via small consignments without the payment of import tariffs.  They would also require CBP to promulgate regulations pertaining to the provision of information about such shipments to CBP.

HR 3587 – Dark Web Interdiction Act

Sponsor: Chris Pappas (D-NH) / Tony Gonzales (R-TX)

Status: Referred to House Judiciary, Energy & Commerce, and Financial Services Committees

Overview: Directs the U.S. Sentencing Commission to amend existing Federal sentencing guidelines and policy statements to provide for a 2-level increase above the sentence otherwise applicable, where an individual leverages the “dark web” to knowingly or intentionally deliver, distribute, or dispense a controlled substance.

The bill also provides for the creation of a joint criminal opioid and darknet enforcement task force to be comprised of representatives from the FBI, DEA, USPIS, ICE, ATF, HSI, CBP, DOD, FinCen, and the DOJ.

S 147 – See Something Say Something Online Act of 2023

Sponsor: Joe Manchin (D) / John Cornyn (R)

Status: Referred to Senate Commerce, Science, and Transportation Committee

Overview: Establishes a mandatory process for “interactive computer services” to report suspicious activity by third-parties – e.g., user generated content or transmissions (including public or private posts, messages, transactions, etc.,) that commit, facilitate, incite, promote, or otherwise assist the commission of a major crime (i.e., violent crimes, terrorism, or serious drug offenses under federal law). Modeled after existing reporting mandates imposed upon financial institutions, failure to comply with the requirements of the Act would result in the relevant interactive computer service’s loss of immunity from criminal or civil suits that would otherwise be available under Section 230 of the Communications Decency Act.

HR 2070 - To provide for a limitation on availability of funds for Executive Office of the President, Intellectual Property Enforcement Coordinator for fiscal year 2024

Sponsor: Andy Biggs (R-AZ)

Status: Referred to House Judiciary

Overview: The bill is one of a number of cost-cutting measures proposed by Rep. Biggs, and would effectively reduce the IPEC Office budget by approximately $60,000 vs. FY2023 levels.

S 1834 - A bill to prohibit the President from negotiating or concluding any withdrawal, suspension, waiver, or modification to the Agreement on Trade-Related Aspects of Intellectual Property Rights without explicit authorization from Congress

Sponsor: Marsha Blackburn (R-TN)

Status: Referred to Senate Finance Committee

HR 3858 - A bill to prohibit the President from negotiating or concluding any withdrawal, suspension, waiver, or modification to the Agreement on Trade-Related Aspects of Intellectual Property Rights without explicit authorization from Congress

Sponsor: Darrell Issa (R-CA)

Status: Referred to House Ways & Means Committee

Overview: Introduced in response to international negotiations to suspend or waive provisions of the TRIPS Agreement as a means to increasing the availability of vaccines during the COVID pandemic, these bills would prohibit any such actions by the Administration absent explicit authorization from Congress.

S 1080 – Cooper Davis Act

Sponsor: Roger Marshall (R-KS) / Jeanne Shaheen (D-NH) / Dick Durbin (D-IL) / Chuck Grassley (R-IA) / Amy Klobuchar (D-MN) / Todd Young (R-IN)

Status: Referred to Senate Judiciary Committee

Overview: Imposes a duty upon electronic communications service providers to report to relevant authorities activity related to the unlawful distribution of fentanyl, methamphetamines, or the unlawful sale, distribution, or manufacture of a controlled substance.