What’s the Hold Up With Anointing the New “IP Czar”?

Did You Know:

The copyright laws apply on the Internet just as they apply to more traditional media. A person who downloads, uploads, distributes, transmits or otherwise copies or distributes software through the Internet without the express authority of the copyright owner is liable for copyright infringement. Penalties can be as high as $150,000 for each software title infringed. In cases of willful violation, criminal penalties may also be assessed.

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What’s the Hold Up With Anointing the New “IP Czar”?

At this point the identity of the IP Czar seems to be a fairly poorly kept secret. The identity of the candidate for the IP Czar position – Victoria Espinel, a former assistant trade rep for IP at USTR, apparently has been known for a few months. But yet she has yet to be announced as the candidate.

Why is that? What’s the hold up?

Apparently, this being a new position, the Obama Administration is not sure where to house Ms. Espinel. Since the IP Czar – which officially is referred to by the less-glamorous title of IP Enforcement Coordinator – is a position that must be confirmed by the Senate, the position apparently cannot reside in an agency or office headed by someone who does not need to be Senate-confirmed. That leaves some limited options, including:

A stand-alone office. While this is probably the most desirable in terms of making the position as prominent within the Administration as IP owners would like, it remains uphill battle.

Office of Science and Technology Policy (OSTP). OSTP is known for espousing views that are less then favorable to the IP community. Placing the IP Czar within OSTP would make no more sense than coupling Oscar and Felix (or for a more modern reference, coupling Harry Potter with Voldemort).

Office of Management and Budget (OMB). If a stand-alone office is not in the cards than this may be the best alternative. While OMB does not usually establish policy, it does coordinate with numerous agencies on various projects, which is certainly within the purview of the IP czar.

A decision on this matter is likely to come within the next few weeks. So perhaps by the time Labor Day roles around we will have a better idea of where the IP Czar will be laboring.