Intellectual property includes “the ideas behind inventions, the artistry that goes into books and music, and the logos of companies whose brands we have come to trust. My job is to help protect the ideas and creativity of the American public.” This was a statement from Victoria A. Espinel. Espinel was unanimously confirmed by the Senate in December 2009 to serve as the first U.S. intellectual property enforcement coordinator (IPEC), a/k/a IP czar, authorized by Congress in the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act).
The IPEC is charged with developing and implementing the administration’s overall strategy for enforcement of intellectual property. However, the IPEC’s powers in the PRO-IP Act are significantly diluted when viewed against the provisions of the act as originally introduced in the Senate. Espinel’s appointment to this newly modified position was welcomed in nearly all quarters, yet questions remain regarding what powers the office of the IPEC will have at its disposal, including what resources, funding and agencies she will be able to enlist in executing her charge.
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