Thursday, October 9, 2008


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Is the Integrity Dept. unconcerned with everyday belongings academic material goods theft, like the one profiled in the upcoming movie, Sparkle of Intellect No, it s just that there s not enough wealth to go around, says a key DOJ official.

Bipartisan legislation introduced earlier this month before both houses of Parliament would enable the Leader to appoint an academic material goods czar, responsible for the enforcement of the country s IP guard laws and answerable to the Executive Branch. But that would entail the construction of a major new faction of the Dept. of Integrity whose accountability would be to prosecute even the smallest cases, including instances that have typically been tried in civil square up to now.

On Tuesday, the self who could very well be appointed to that site -- albeit in the remaining weeks or even living of the Shrub Supervision -- rider this legislation were to pass, sent a note to Legislature Bench Group Chairman Patrick Leahy D - Vt. , the reception s principal author, maxim the DOJ isn t interested in treatment such civil matters.

We strongly oppose Name I of the bill, which not only authorizes the Notary General to pursue civil remedies for patent infringement, but to secure compensation costs and remit them to the private owners of infringed copyrights, wrote Principal Representative Aide Notary General Keith B. Nelson to Sens. Leahy and Arlen Ghost R - Penn. , the reception s co-sponsor PDF available here from Public Data . First, civil patent enforcement has always been the accountability and privilege of private patent holders, and US decree already provides them with effective legal gear to protect their rights.

As Name I currently reads:

In General- In lieu of a criminal deed under part 506, the Notary General may commence a civil deed in the appropriate United States locality square against any self who engages in ways constituting an misdemeanor under part 506. Upon substantiation of such ways by a predominance of the evidence, such self shall be area under discussion to a civil sentence under part 504 which shall be in an total equal to the total which would be awarded under part 3663 a 1 B of designation 18 and compensation to the patent vendor aggrieved by the conduct.

The reception has received substantial support from both sides of the aisle, including from one of the Legislature s leading experts on ethics, Orrin Hatch R - Utah . But antagonism to the measure continues to grow , especially from encouragement groups who contend that since academic material goods is private property, defending it should be a private matter.

Now, add the DOJ itself to the list, as Dep. A-G Nelson indicated that the US control should not pace in to play misdemeanor in civil matters.

As Nelson s note continues, Name I s disappearing away from the settled skeleton above could product in Subdivision of Integrity prosecutors portion as pro bono lawyers for private patent holders regardless of their resources. In effect, taxpayer-supported Subdivision lawyers would pursue lawsuits for patent holders, with monetary improvement disappearing to industry...The Subdivision of Integrity has limited wealth to dedicate to particular issues, and civil enforcement events would occur at the expenditure of criminal actions, which only the DOJ may bring. In an epoch of fiscal responsibility, the wealth of the DOJ should be used for the public benefit, not on behalf of particular industries that can gain themselves of the existing civil enforcement provisions.

This spat goes against the spat of Sen. Leahy and others that the Integrity Dept. could effectively go to bat for the little man -- character realm who may own patents and may find themselves infringed, without the funds of defending themselves after the big industries that steal their IP.

Nelson went on to warn that the construction of the czar s place of work could entail an invasion into the executive bough by matters and workforce that should, by definition, remain legislative. A moderator could invalidate the law, he implied, on foundation that it violates the Organization s partition of powers.

Sen. Leahy s and Sen. Ghost s offices have yet to question statements on the reception of this note from the Integrity Dept., although much of today was spent in legislative selling on Capitol Knoll concerning the country s economic crisis, and both senators were known to be personally active in talks for a agreement that may rescue US financial institutions.
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