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Intellectual Property Rights Act of 2008 Overview

Intellectual Property Rights Act of 2008 Overview

Intellectual property rights are extremely important to the United States and its citizens. Intellectual property comes about as a result of creativity and hard work. Pirates look to infringe on intellectual property rights achieved through copyright certifications. To better combat copyright infringement in the United States and in foreign lands, the Prioritizing Resources and Organization for Intellectual Property Act of 2008 was created and passed by Congress. The Act calls for harsher penalties for violators, more restitution for victims and far greater organization and effort toward battling international piracy.

Background

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 was passed so the United States would be better equipped to prevent international piracy. The Act called for a new executive branch known as the Office of the United States Intellectual Property Enforcement Representative.

In 2009, President Barack Obama appointed intellectual property scholar Victoria A. Espinel to be the first Intellectual Property Enforcement Coordinator. This position is sometimes referred to as the Copyright Czar. New technology has made piracy easier for criminals to conduct and not get caught. This new Act sets up agencies around the world to enforce piracy laws as well as learn how to stop pirates electronically.

International Implications

Certain sections of the 2008 Act are included to directly protect intellectual property rights from being violated by members of foreign countries. The exporting and importing of pirated copyrighted material is now illegal. The Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office have set up agencies to help educate and train foreign officials in preventing piracy. They are also trained to help enforce copyright laws.

Internet grant programs are to be set up under the 2008 Act. They are going to attempt to stop computer hackers from stealing copyrighted material. The Attorney General is also now responsible for deciding which piracy cases to hear. Penalties can be adjusted based on individual cases.

Societal Implications

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 will bring harsher penalties for those who commit copyright infringement. It also allows for copyright owners to sue those who violate their intellectual property rights. The provision allowing for civil suits to be filed regarding copyright infringement was originally denied but then approved by Congress.

The Intellectual property Act of 2008 allows special penalties to be placed on repeat violators of copyright infringement. Also, those who conspire to involve other people to join them in a piracy plan will face harsher criminal charges. The same goes for anyone who provides materials and services that aid in completing a piracy operation.

The 2008 Act has a provision that includes the public along with Congress and the President as those who must have access to the yearly plan set in place by agencies formed under the Act. This way, both the public and creators of original work know what kind of effort is being placed on protecting their intellectual property rights. 

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