Protect ip act

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PROTECT IP ACTFILMA VARGHESETRADE MARK DEPARTMENT



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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INTODUCTION

• The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) is a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to infringing on counterfeit goods", especially those registered outside the U.S.

• The bill was introduced on May 12, 2011, by Senator Patrick Leahy and 11 bipartisan co-sponsors.

• The PROTECT IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) which failed to pass in 2010. A similar House version of the bill, the Stop Online Piracy Act (SOPA), was introduced on October 26, 2011



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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OBJECT OF THE ACT

To prevent online threats to economic creativity and theft of intellectual property, and for other purposes



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Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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CONTENTS OF THE BILL

• The bill defines infringement as distribution of illegal copies, counterfeit goods, or anti- digital rights management technology. Infringement exists if "facts or circumstances suggest [the site] is used, primarily as a means for engaging in, enabling, or facilitating the activities described. The bill says that it does not alter existing substantive trademark or copyright law.

• The bill provides for "enhancing enforcement against rogue websites operated and registered overseas" and authorizes the United States Department of Justice to seek a court order in rem against websites dedicated to infringing activities, if through due diligence, an individual owner or operator cannot be located.

• The bill requires the Attorney General to serve notice to the defendant. Once the court issues an order, it could be served on financial transaction providers, Internet advertising services, Internet service providers, and information location tools to require them to stop financial transactions with the rogue site and remove links to it.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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• The term "information location tool" is borrowed from the Digital Millennium Copyright Act and is understood to refer to search engines but could cover other sites that link to content.

• The PROTECT IP Act says that an "information location tool shall take technically feasible and reasonable measures, as expeditiously as possible, to remove or disable access to the Internet site associated with the domain name set forth in the order". In addition, it must delete all hyperlinks to the offending "Internet site".

• Non authoritative domain name servers would be ordered to take technically feasible and reasonable steps to prevent the domain name from resolving to the IP address of a website that had been found by the court to be "dedicated to infringing activities." The website could still be reached by its IP address, but links or users that used the website’s domain name would not reach it.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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• Search engines—such as Google—would be ordered to "(i) remove or disable access to the Internet site associated with the domain name set forth in the [court] order; or (ii) not serve a hypertext link to such Internet site."

• Trademark and copyright holders who have been harmed by the activities of a website dedicated to infringing activities would be able to apply for a court injunction against the domain name to compel financial transaction providers and Internet advertising services to stop processing transactions to and placing ads on the website but would not be able to obtain the domain name remedies available to the Attorney General.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

WHAT DOES THE LEGISLATION DO?

• There are already laws that protect copyrighted material, including the Digital Millennium Copyright Act (DMCA). But while the DMCA focuses on removing specific, unauthorized content from the Internet, SOPA and PIPA instead target the platform -- that is, the site hosting the unauthorized content.

• The bills would give the Justice Department the power to go after foreign websites willfully committing or facilitating intellectual property theft -- "rogue" sites like The Pirate Bay. The government would be able to force U.S.-based companies, like Internet service providers, credit card companies and online advertisers, to cut off ties with those sites.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

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WEBSITE

www.altacit.com

WHY CONTENT PROVIDERS WANT SOPA AND PIPA?

• Content groups like the Motion Picture Association of America (MPAA), and business representatives like the U.S. Chamber of Commerce, argue that innovation and jobs in content-creating industries are threatened by growing Internet piracy. Overseas websites are a safe haven for Internet pirates profiting off their content.

• According to the Global Intellectual Property Center, which is part of the U.S. Chamber of Commerce, intellectual property-intensive sectors employ more than 19 million people in the U.S. and create $7.7 trillion in gross output. Foreign website operators currently outside the bounds of U.S. law; SOPA and PIPA would help quell illegitimate Internet activity.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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• "It's a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users in order to further their corporate interests," Dodd the CEO of the MPAA said.

• CBS Corporation, which owns CBSNews.com, is a member of the Copyright Alliance -- an industry group representing content producers that supports SOPA and PIPA.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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WHY INTERNET COMPANIES OPPOSE SOPA AND PIPA?

• Internet companies and their investors would readily say that they're holding the "blackout" to protect their corporate interests -- and the entire burgeoning Internet-based economy.

• Under the rules SOPA or PIPA the start ups wouldn't be able to handle the costs that come with defending their sites against possible violations. Such sites would not be able to pay the large teams of lawyers that established sites like Google or Facebook can afford.

• The legislation in question targets foreign companies whose primary purpose is to sell stolen or counterfeit goods -- but opponents say domestic companies could still be held liable for linking to their content.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

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• The impacts could go beyond the economy. Rebecca MacKinnon, a senior fellow at the nonpartisan New America Foundation, argues that if blogging platforms are motivated to monitor their content that could have "a tremendous chilling effect on people trying to conduct political discourse and trying to use content in a fair use context."



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

WHERE DOES THE LEGISLATION STAND?

In the wake of online protests held on January 18, 2012, Senate Majority Leader Harry Reid announced that a vote on the bill would be postponed until issues raised about the bill were resolved.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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CONCLUSION

The OPEN Act would make the International Trade Commission, rather than the Justice Department, responsible for policing U.S. connections to foreign rogue sites. Placing that responsibility in the hands of one entity, rather than the whole court system, would make the process more transparent.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU

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Protect ip act