Innovation salvation

Bad things usually happen in the waning hours of just about any Congress, as the pressure to clear the decks often overwhelms good judgment. Occasionally, however, an exception appears.

A bipartisan group of senators, led by Patrick Leahy (D-Vt.) and Arlen Specter (R-Pa.), is leading an effort to enact The Enforcement of Intellectual Property Rights Act (S.3325), in order to strengthen significantly our government’s effort to protect American innovation and creativity.

The federal government has a tremendously important and unique role to play in intellectual property (IP) enforcement. Only the government can bring criminal charges in cases of organized and prolific piracy and counterfeiting. Only the government can conduct the investigations necessary to build and prove these cases. Only the government can effectively engage our trading partners on behalf of U.S. rights holders. Only the government can provide comprehensive leadership on a problem that has reached global scale and affects millions of American businesses and workers. S. 3325 is a focused package that will have a major impact on all of these areas.

The proposal would improve copyright and trademark laws by toughening civil and criminal penalties, especially where counterfeiting threatens public health.

The number of federal IP cases has increased significantly in recent years, involving large, organized, multinational criminal operations that deal in everything from pirated software to fake Internet routers. Although this increase is noteworthy, it builds off a very small base, and IP cases still make up less than 1 percent of all federal criminal cases. New tools for law enforcement are crucial.

The effort to increase criminal and civil enforcement of IP requires the resources to build and prosecute solid cases. S. 3325 addresses a critical (and currently fragile) link in the chain by providing FBI agents the authority to investigate and support cases of IP theft. These agents will be strategically placed within the Department of Justice and given state-of-the-art training and support.

Further, this legislation solidifies the United States’s commitment to play a leading role in the global effort against piracy and counterfeiting. From the Treasury Department to the Justice Department, from the Homeland Security Department to the State Department, the tools and capabilities would finally exist to take the fight to the criminals wherever they set up shop and however they might route their illicit products.

S. 3325 recognizes the importance of organization, leadership and accountability by creating within the executive office of the president a post whose occupant would coordinate a far-reaching IP enforcement strategy. This person would be confirmed by the Senate, ensuring collaboration between the executive and legislative branches. IP enforcement is a non-partisan issue that affects every state and congressional district and requires the commitment of our entire government.

S. 3325 is a careful compromise that addresses a complicated and expansive problem. It is the 11th hour and Congress is working feverishly to get this legislation enacted. Our economic future has been damaged enough lately — let’s hope Congress gets this one right.

Giovanetti is president of the Institute for Policy Innovation, and Cleland is director of the institute’s Center for Technology Freedom.