What is the intellectual property act

One of the most prominent intellectual property acts is the PRO-IP act of 2008 which is the “Prioritizing Resources and Organization for Intellectual property Act of 2008” and is a US based law. This particular intellectual property act is designed to heighten the criminal and civil penalties for infringement cases for trademarks, patents and copyrights. If you own intellectual property rights in the USA it is advised that you are fully aware of the laws which are applicable to you. By obtaining advice from a professional consultancy firm you can learn about the relevant regulations that you must abide by.

For more information on US trademark laws and acts, visit our United States Trademark page.

Intellectual property act explained

The US based intellectual property act of 2008 also known widely as PRO-IP act of 2008, was not solely developed to increase civil and criminal penalties for intellectual property infringements but it also established a new executive branch office. This office is known as USIPER, or formally as the office of ‘the United States Intellectual Property Enforcement Representative’.

The primary aim of this intellectual property act is to enable the Department of Justice to enforce civil suits in copyright infringement cases on behalf of the copyright owner.

The scope of the Prioritizing Resources and Organization for Intellectual property Act of 2008 includes:

– Enhancement on previous IP law areas for civil and criminal enforcement, coordination of federal IP funding and changes made to the IP programs as regulated by the Dept. of Justice.

– Maximum penalty for civil cases is $30,000

– Increased penalty for counterfeit goods is now between $1,000 to $200,000

– Damages can reach $1-2 million for repeat offenders infringing IP rights

– Civil asset forfeiture can be performed by dept of Justice

– Criminal enforcement includes the authority to seize the trafficking of counterfeit labels, packaging etc.

– the act established the responsibilities of the IP enforcement coordinator that enables the officer to coordinate anti-piracy efforts.