February 12, 2021 | less than a minute read

COVID, COPYRIGHT AND MORE . . .

Taylor English

What does a COVID-19 Relief Package have to do with protecting Intellectual Property?

Everything, when imbedded in this plan are three distinct laws that put teeth behind the ability of IP holders to fight against infringement. The cost of defending intellectual property rights have historically been a barrier to may owners ability to to take legal action against infringers. The following laws give IP owners an alternative that lowers these barriers and punishes infringers more severely. Lawyers and clients, take note! These are some of the most significant changes to Intellectual Property law in decades.

Trademark Modernization Act of 2020 (TMA)

Small-Claims Enforcement (CASE) Act

Protecting Lawful Streaming Act (PLSA)

Signed into law on December 28, the voluminous Consolidated Appropriations Act of 2021 makes major changes to American intellectual property laws via its inclusion of the Trademark Modernization Act of 2020 (TM Act); the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act); and an amendment to Title 18 of the United States Code that adds Section 2319C titled “Illicit digital transmission services.” The new laws will make it easier for brand owners to obtain injunctive relief, create new procedures to challenge trademark registrations, establish a copyright small claims procedure and make illegal streaming of copyrighted material a felony.