Proposed laws could protect virtual intellectual property.
A number of Internet laws that aim to protect intellectual property rights online have been proposed in recent months. While only one piece of legislation has passed, proposed bills could have implications for business owners.
ACTA: Anti-Counterfeiting Trade Agreement
So far, the only recent cyber law to be passed is ACTA, which is really an agreement between nations rather than a law passed by Congress. ACTA allows court orders to be brought against companies that infringe on the intellectual property rights of other firms. Under ACTA, businesses may sue websites that illegally provide their copyright-protected media or counterfeited consumer goods.
Damages businesses may collect under ACTA include compensation for lost profits and the value of counterfeited goods at market price or suggested retail price. President Obama signed the ACTA agreement on October 1, 2011.
CISPA: Cybersecurity Information Sharing Act
In May, the House of Representatives passed CISPA, which is now up for deliberation in the Senate. CISPA would allow Internet companies to share user and other information with the federal government. The law is intended to improve security and prevent cyberthreats from coming into fruition. Several large Internet companies support CISPA, including Facebook, Microsoft, IBM and Intel.
CISPA could help businesses keep their online information secure from cyberthreats, though opponents believe the law would allow websites to disregard some provisions of their privacy policies.
SOPA & PIPA: Stop Online Piracy Act & Protect IP Act
Both SOPA and PIPA failed in Congress this spring after much vocal opposition from the public and major Internet companies and organizations, including Wikipedia. The laws would have stopped foreign websites from infringing on the property rights of United States companies that develop media or sell consumer goods. The laws would have allowed Internet service providers to block web sites that infringed on copyrights and required other companies, like advertisers and search engines, to stop doing business with sites that infringe on a firm's copyright and property rights.
SOPA and PIPA would have helped media companies protect their intellectual property online and consumer goods manufacturers protect their brands from counterfeit goods.
As Internet use and the online economy continue to grow, businesses may have a harder time protecting their property rights. Congress should pass laws that protect the intellectual property of honest businesses and prevent spurious companies from selling pirated or counterfeit goods. If your intellectual property rights have been infringed upon, please contact an experienced business attorney.
Article provided by Schachter Harris, LLP
