Fact Sheet: Department Of Justice Increases EnforcementAnd Protection of Intellectual Property Rights:

Posted By: Theodore Taylor

To: National Desk, Legal Reporter

Contact: U.S. Department of Justice, 202-514-2007; Web: http://www.USDOJ.GOV

WASHINGTON, March 30 /U.S. Newswire/ -- In March 2004, the Department of Justice created the Task Force on Intellectual Property to examine the Justice Department's efforts in addressing the increasing problem of intellectual property theft. The Task Force examined how the Department protects intellectual property through criminal, civil, and antitrust enforcement; legislation; international coordination; and prevention and released a report in October 2004 recommending significant and comprehensive improvements in the Department's efforts to protect the nation's intellectual resources.

The following are some of the accomplishments achieved by the Department of Justice in 2005 -- 2006 since the report was released.

Criminal Enforcement

Increased the number of defendants prosecuted for intellectual property offenses by 97 pct. from October 2004 through the end of fiscal year 2005.

Created five new Computer Hacking and Intellectual Property (ACHIP@) Units in the U.S. Attorney's Offices in Nashville, Orlando, Pittsburgh, Sacramento, and Washington D.C., bringing the total number of specialized units to 18.

Provided training to over 200 federal cyber and intellectual prosecutors in Albuquerque, New Mexico regarding computer crime and intellectual property offenses and issues.

Expanded CHIP Units in San Jose and Los Angeles, two key regions where intellectual property protection is a critical component of the regional economy.

Provided a comprehensive training program in New York City on various aspects of criminal intellectual property prosecution for all CHIP Coordinators and provided regional training and guidance to prosecutors and federal agents in Los Angeles.

Continued to dismantle and prosecute multi-district and international criminal organizations that commit intellectual property crimes, including:

Leading the international takedown against members of over 22 major online software piracy groups in Operation Site Down in June 2005, involving 12 countries, the simultaneous execution of over 90 searches worldwide, and the eradication of at least eight major online distribution sites -- prosecutors have obtained indictments against 44 defendants and 10 convictions to date;

Shutting down a sophisticated international peer-to-peer network known as AElite Torrents, used by 133,794 members, in the first-ever criminal action against a BitTorrent file-sharing network;

Obtaining felony conspiracy and copyright convictions against 23 software, music, and movie pirates as part of the ongoing Operation FastLink, the largest law enforcement action ever taken against online intellectual property offenders; and

Obtaining convictions against two Los Angeles-area men for conspiracy and trafficking in over 700,000 counterfeit Viagra tablets manufactured in China and worth over $5.6 million.

International Cooperation

Deployed a federal prosecutor based in Bangkok, Thailand as the Intellectual Property Law Enforcement Coordinator (IPLEC) to coordinate intellectual property issues, training and assist in U.S.-based enforcement actions in Asia.

Participated in interagency trips to Asia and Europe through the Strategy Targeting Organized Piracy (STOP!) and engaged in law-enforcement-to-law-enforcement discussions with the Chinese government on criminal enforcement of intellectual property rights through the U.S.-China Joint Liaison Group.

Executed agreements to implement obligations of US/EU Mutual Legal Assistance and Extradition Agreements that ensure cooperation regarding intellectual property crimes with Austria, Belgium, Denmark, Finland, France, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Slovenia, Spain, Sweden, United Kingdom; and have completed negotiations with the nine remaining EU countries -- Cyprus, Czech republic, Estonia, Germany, Greece, Italy, Malta, Poland, Slovakia.

Trained and provided technical assistance to more than 2,000 prosecutors, investigators, judges and intellectual property experts from 94 countries regarding protection and enforcement of intellectual property rights.

Civil Enforcement

Continued efforts to intervene in federal and state court actions to defend copyright owners' use of civil subpoenas to identify anonymous Internet users allegedly engaged in copyright infringement.

Filed amicus curiae brief and participated in oral arguments before the Supreme Court in MGM v. Grokster arguing that court of appeals had adopted an unduly narrow view of the scope of secondary liability for copyright infringement.

Strengthening Laws

Worked with Congress to strengthen laws and penalties related to intellectual property rights enforced including:

Stop Counterfeiting in Manufactured Goods Act, H.R. 32, on March 16, 2006

Prohibits the trafficking of counterfeit labels, emblems, containers or similar labeling components that may be used to facilitate counterfeiting;

Provides for forfeiture of articles bearing or consisting of a counterfeit mark and proceeds of any property derived from proceeds of, or used in the commission of, a violation;

Expands the definition of "trafficking" for certain counterfeiting crimes and clarifying that trafficking in counterfeit goods or labels includes possession with intent to traffic in such items.

Family Entertainment and Copyright Act, S. 167, on April 27, 2005

Recognizes passive sharing of copyright works; and the premium value of copyrighted works before they are released to the public.

Anti-Counterfeiting Amendments of 2004, H.R. 3632, on December 23, 2005

Allows law enforcement officials to seize material and equipment used to make counterfeit products and labels.

Presented Congress the President's proposed legislation entitled the "Intellectual Property Protection Act of 2005," which toughens penalties for intellectual property crimes, expands criminal intellectual property protections and adds investigative tools for criminal and civil intellectual property rights enforcement.

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