S. 968 PROTECT IP Act
LEGISLATIVE INFORMATION PAGE
Bill Number: S. 968
Title: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 – PROTECT IP Act
Author: Leahy (VT) 39 Co-sponsors
Introduced: 7/22/11: Reported out of Judiciary Committee
Authorizes the Attorney General (AG) to take action against a website that: (1) has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or (2) is designed, operated, or marketed and used to engage in such activities.
Provides immunity from liability for: domain name registries and registrars, financial intermediaries and other service providers that, in good faith, withhold services from infringing sites that endanger public health by distributing prescription medication that is counterfeit, adulterated, misbranded, or without a valid prescription.
Requires the AG to: (1) publish procedures to receive information from the public about ISDIAs and develop a process to coordinate enforcement activities with other law enforcement agencies, and (2) report annually to Congress on actions commenced by the AG under this Act including the use of related court orders and enforcement procedures.
Requires the Register of Copyrights to submit a report to Congress regarding this Act’s: (1) enforcement and effectiveness, (2) burden on intermediaries (including an assessment of the need to reimburse compliance costs), and (3) application to emerging technologies.
Authorizes the Secretary of Homeland Security (DHS), subject to any applicable bonding requirements, to share information and provide: (1) unredacted samples of the products, packaging, and labels, or related photos with trademark right holders if the U.S. Customs and Border Protection (CBP) suspects an import or export violation under specified provisions of the Lanham Act relating to copied or simulated marks or names; and (2) samples to affected parties upon the CBP’s seizure of material imported in violation of specified federal copyright laws prohibiting the circumvention of technological measures that control access to or protect a copyrighted work.
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California Delegation Co-Sponsors: