Patent Reform, Satellite Radio and Other IP Hot Topics Leads to Revitalized House Subcommittee
Chaired by U.S. Representative Robert Goodlatte, R-VA, the newly reinstated House Subcommittee will focus on intellectual property, copyrights, information technology and antitrust matters under the Digital Millennium Copyright Act (“DMCA”). Formerly titled the House Judiciary Subcommittee on Intellectual Property, Competition and the Internet, some of the major topics it will immediately take up are the following:
- Patent reform is going to be a major carryover from the last Congress and this committee will take a major role. The question is whether or not the comprehensive patent reform bill can or should be attempted, given that patent reform is politically difficult for both proponents and opponents. Chief among the issues in patent reform remains the question of damages and damages reform. Some on the committee believe that they should stand back and let the current actions of the courts help resolve many of the main issues on damages that may need reformation. And a comprehensive patent reform bill might actually do more harm at the moment.
- The second major area the subcommittee will help focus on are the issues of combating piracy and infringement, particularly on the Internet. Building from the passage of last year’s Combating Online Infringement and Counterfeits Act, watch for these issues to be revived in the new Congress. As an important next step in protecting content owners and settling disputes between them and the user community online, the Act will cover trademarks and trademark infringements online. There’s been discussion of extending the DMCA type protection in the DMCA notice and takedown model to trademarks in online usage.
- A third area for the subcommittee to quickly face is performance rights legislation. For example, Internet radio and satellite radio are at a competitive disadvantage. Broadcast radio does not pay performance royalties while Internet and satellite radio are required to do so. Consequently the whole area of performance rights will be part of what Rep. Goodlatte’s committee will be evaluating.
CONSOR’s expertise includes recently testifying before and providing a report for the Library of Congress Copyright Retention Board on the adjustment of rates and terms for preexisting subscription services and satellite digital audio radio services. Our work and testimony was instrumental in the Board’s realignment of rates last year.
CONSOR has been dealing with all of these issues in our work with clients on a global basis. In particular the patent and trademark issues, briefly discussed above, are affecting many clients. We look forward to working with Rep. Goodlatte and his Vice Chairman Rep. Howard Coble, R-NC.