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Appendix
It appears that this bill does not immunize operators (registries) or information location tools
(search engines) for taking voluntary measures against users “based on credible evidence” of
infringement.
3. Savings Clauses
Section six contains three savings clauses: providing 1) that this Act will not limit or expand civil
or criminal remedies provided by state or federal law for infringing activities on the Internet; 2)
that this Act will not expand or diminish vicarious or contributory liability under 17 U.S.C. § 512
(the DMCA); and 3) that nothing in this Act shall serve as a basis for determining liability under 17
U.S.C. § 512 (the DMCA).
4. Future Studies
Section seven prescribes several future studies and publications. First, the AG is required to provide
an annual oversight report to the Senate Judiciary Committee on every cause of action filed by the
AG, every injunction issued by a court and every proof of service filed under the PROTECT IP Act.
The AG must also report on every action against a recalcitrant intermediary, every motion by an
intermediary to modify, vacate or suspend a court order and every related cause of action under the
PROTECT IP Act.
Second, the Register of Copyright must conduct a study on the burdens on intermediaries of
carrying out PROTECT IP Act actions, as well as the need to reimburse the costs to intermediaries of
complying with the legislation.
Third, the Government Accountability Office must provide a report on each private cause of action
filed pursuant to the PROTECT IP Act by the end of the first year that the bill is enacted into law.
5. Preventing Importation of Counterfeit Products.
In a separate amendment introduced by Senators Leahy and Grassley during the May 26, 2011
markup session, a new Section 8 was added to proscribe the importation of counterfeit products and
infringing devices.
The amendment provides that—notwithstanding the criminal penalties contained in 18 U.S.C. §
1905 (2012) for publication of confidential information and trade secrets—the United States
Customs and Border Protection (CBP) is authorized to share information and samples of counterfeit
materials with the appropriate trademark owner. The CBP is also authorized to share information
and samples of materials designed to circumvent copyright technological protection measures with
the appropriate copyright owner.
This amendment departs somewhat from the thrust of the PROTECT IP Act, but is nevertheless a
very important clarification for intellectual property owners. It is designed to counteract an
increasingly conservative practice of the CBP by which it has refused disclosure of suspected
counterfeit materials to the appropriate trademark owner claiming potential liability under 18
U.S.C. § 1905 (relating to government disclosure of confidential information and trade secrets
belonging to importers and manufacturers).
6. Public Comment in Support/Opposed to The PROTECT IP Act
a) Statements in Support
Immediately following the introduction of the PROTECT IP Act, a number of organizations
expressed their public support of its provisions.
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