More must be done on intellectual-property protection

Few issues are as important to the U.S. economy as our ability to protect the ideas, inventions and creations of American innovators, also known as intellectual property (IP). In fact, American IP industries — including entertainment, high-tech and pharmaceutical industries — account for over half of all U.S. exports, employ 18 million Americans and represent 40 percent of the country’s economic growth. American innovations and creations are critical to U.S. businesses remaining competitive in the global market.

Protecting intellectual property is not merely about our nation’s economic strength; it’s also a life and death concern. When consumers are sold counterfeit products, such as unsafe drugs and defective auto parts, or board an airplane with counterfeit, untested components, the lives of consumers and the general public are put at risk.

Because there is so much at stake when it comes to protecting intellectual property, the federal government has a responsibility to establish aggressive and coordinated enforcement efforts against these new and unprecedented challenges. And they have done that, to an extent.

For example, the government estimates American businesses lose approximately $250 billion a year to pirated and counterfeit goods. To respond to the annual loss of a quarter-trillion dollars, the Justice Department made IP enforcement a “top priority” by creating the IP Taskforce, dedicating 14 prosecutors exclusively to IP theft and training an additional 230 federal prosecutors nationwide. While these are certainly important steps, the results have been less than encouraging. IP cases account for less than one percent of the department’s total criminal caseload. Unfortunately, the department’s rhetorical priorities have not been able to keep pace with the global network of counterfeiters.

It is difficult to comprehend how anyone who recognizes the enormity of the problem can conclude that the government’s current response is proportionate to the threat. The Justice Department’s own numbers clearly show that much more must be done to protect American innovation.

That’s why, as chairman and ranking member of the House Judiciary Committee, we introduced the Prioritizing Resources and Organization for Intellectual Property Act (PRO-IP) in December of last year.

By strengthening our laws against counterfeiting and piracy, providing new resources to key agencies and mandating coordination and leadership from the White House, the PRO-IP Act takes a critically needed step toward modernizing our intellectual property enforcement efforts and improving the safety and security of the American public.

And while industry leaders have been more than willing to talk with us regarding the importance of IP enforcement to American businesses and productivity, the administration has refused to come to the negotiating table. Though the Justice Department continually contends that IP enforcement is a top priority, their refusal to participate in meaningful discussions regarding this bill proves otherwise.

In fact, a recent report by the congressional Government Accountability Office found that IP enforcement is not a top priority for any of the key federal agencies charged with protecting creative and intellectual property.

Given the current state of the economy — and the important role IP industries play — this is not an issue we can afford to see buried away in the bureaucratic hole of federal agencies. IP enforcement must be a top priority for this and future administrations.

The House Judiciary Committee will mark up the PRO-IP bill this week. We are grateful for the recommendations received from the many organizations that have contributed thoughtful and constructive suggestions. For those who have refused to participate in developing this legislation, we publicly call on you to join the committee in a positive and productive dialogue before this bill advances to the House floor.

Conyers is chairman, and Smith the ranking Republican, of the House Judiciary Committee.