As anticipated, on September 25th, the President nominated Victoria Espinel to the position of Intellectual Property Enforcement Coordinator (IPEC).  The position, which is often referred to as the IP Czar, was created last year as part of the “Enforcement of Intellectual Property Rights Act of 2008” (Public Law 110-403; S. 3325).  By law, the position was to be located in the Executive Office of the President, but it took some time for the Administration to determine exactly where the position would be.  Ultimately, it was decided that the IPEC would reside in the Office of Management and Budget.  Once she is confirmed (which appears likely), Espinel will chair an interagency intellectual property enforcement advisory committee, comprised of representatives from the Office of the U.S. Trade Representative (where Espinel previously worked as an Assistant USTR for Intellectual Property and Innovation, as well as Deputy Assistant USTR for Intellectual Property and Associate General Counsel at USTR), the Patent and Trademark Office, the Copyright Office, and other agnecies, that will develop a Joint Strategic Plan.  The plan is supposed to be submitted Congress no later than October 13, 2009 (12 months after the law’s enactment), but with Espinel not yet confirmed this deadline is certain to be pushed back. 

Espinel brings a deep experience in negotiations with other governments, as well as a strong record of working with all the key agencies that are on the front lines of enforcing IP laws.  She is the founder and President of Bridging the Innovation Divide, a not-for-profit foundation focused on addressing the “innovation divide” and empowering all Americans to obtain the full benefit of their creativity and ingenuity.  She has advised the Senate Judiciary Committee, Senate Finance Committee, House Judiciary Committee and House Ways and Means Committee on intellectual property issues and is a member of the Brain Trust of the Global Innovation Forum.  Most recently, Espinel served on the faculty of George Mason University School of Law.  She has also worked at the law firms of Covington & Burling and Sidley, Austin, Brown & Wood.  She has an LLM from the London School of Economics, a JD from Georgetown University Law School, and a BS in Foreign Service from Georgetown University's School of Foreign Service.