The US Senate recently passed the Prioritizing Resources and Organization for Intellectual Property Act of 2008. This bill would create a new position in the executive government for coordinating the enforcement of IP laws between US government agencies.

This bill has both a national and international focus. It would establish international IP enforcement coordinators and IP ‘attaches’ to be stationed at US embassies. Domestically it would create IP Enforcement Officers within the Department of Justice and would provide for grants to local law enforcement authorities.

The new bill would raise the maximum fines for IP offences, and also would not only give courts the ability in civil and criminal proceedings to authorize seizure of counterfeit goods, but also to authorize seizure of ‘property constituting or derived from proceeds directly or indirectly’ from the trafficking of a range of counterfeit goods, and also ‘property used or intended to be used’ for the trafficking of goods. In an article on BusinessWeek it was suggested that this is wide enough to include the seizure of servers from ISPs.

Reported also on IPworld.

Update -- This bill signed by President Bush yesterday, reported on Cnet.

Labels: Legal News, United States

Previously national patents filed in Italy did not undergo substantive examination and were presume valid. Assessments of patentability was deferred to nullity lawsuits or determined extra-judicially between the parties.

A copy of the Decree can be found on the website of Italian Patent and Trademark Office (IPTO): http://www.uibm.gov.it/public/decreto_anteriorita.pdf (in Italian)

Labels: Italy, Legal News, Patent News