AG Gonzales Proposes Increased Penalties for Counterfeiting Offenses that Endanger Lives
Attorney General Alberto R. Gonzales has announced a legislative proposal, the “Intellectual Property Protection Act of 2007,” that would increase the maximum penalty for counterfeiting offenses to 20 years imprisonment where the defendant knowingly or recklessly causes or attempts to cause serious bodily injury, and increase the maximum penalty to life imprisonment where the defendant knowingly or recklessly causes or attempts to cause death. In addition the proposed legislation would provide stronger penalties for repeat-offenders of the copyright laws, implement broad forfeiture reforms to ensure the ability to forfeit property derived from or used in the commission of criminal intellectual property offenses, strengthen restitution provisions for certain intellectual property crimes (such as criminal copyright and DMCA offenses), and ensure that the exportation and transhipment of copyright-infringing goods is a crime, just as the exportation of counterfeit goods is now criminal. Gonzales's proposals have yet to be incorporated into an actual bill.
Earlier this year,Congressmen Mike Rogers (R-MI) and Gene Green (D-TX) introduced H.R. 780 which would mandate tougher criminal penalties for persons who engage in the illegal production, distribution and sale of counterfeit medicines.