TPA Signs Coalition Letter to Congress Outlining Principles for Intellectual Property

Taxpayers Protection Alliance

February 6, 2015

As technology and telecom continue to play a major role this year in Washington, Congress will have their work cut out for them on a wide range of issues that fall under this heading. Intellectual Property (IP) is one such issue as it continues to be a major factor in helping to drive today’s global economy. Innovation and economic expansion are strengthened as IP is preserved, and the US must continue to work to remain atop IP as shown by a new index produced by the US Chamber of Commerce’s Global IP Center. Keeping that in mind, and understanding that the new Congress will work on IP, Taxpayers Protection Alliance (TPA) signed onto a coalition letter with more than 60 other organizations/individuals outlining for Congress a set of principles on IP as they consider what steps to take legislatively when looking at how to move forward on common sense reforms.

See the full letter below:

February 2, 2015

Dear Members of Congress,

Congratulations to the Members of the 114th Congress! It is an exciting time for America, particularly in the knowledge-based economy. American entrepreneurship, ingenuity and creativity lead the world, and we believe that Intellectual Property Rights are the key to maintaining global competitiveness.

The undersigned organizations represent millions of Americans through both state and national advocacy or engage in rigorous research and educational work on intellectual property rights. We would like to share with you our strong support for all types of intellectual property, by providing you with the following information and guidelines that our respective organizations look to when we consider intellectual property.

Intellectual Property Rights Are Grounded in the Constitution

The Founding Fathers recognized the importance of IP in Article 1, Section 8 of the Constitution: “To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

This clause, articulated by the founders, is rooted in the notion that the best way to encourage creation and dissemination of new inventions and creative works to the benefit of both the public good and individual liberty is to recognize one’s right to his or her intellectual property.

Intellectual Property Rights Are a Fundamental Property Right Deserving the Same Respect as Physical Property

James Madison elaborated on this provision of the Constitution in Federalist Paper #43; with regard to intellectual property, as with all property rights protected in the common law, “[t]he public good fully coincides … with the claims of individuals.”

Intellectual Property Rights Promote Free Speech and Expression

Strong IP rights go hand in hand with free speech as creators vigorously defend their ability to create works of their choosing, free from censorship.

By affording innovators and creators the ability to support themselves, IP rights promote free expression unencumbered by government.

Intellectual Property Rights Are Vital to Economic Competitiveness

IP rights create jobs and fuel economic growth, turning intangible assets into exclusive property that can be traded in the marketplace.

The most recent report on IP-related jobs in the U.S. from the Department of Commerce and the Patent and Trademark Office found that in 2010, direct employment in the most IP-intensive industries in the U.S. accounted for 27.1 million jobs, and indirect activities associated with those industries provided an additional 12.9 million jobs for a total of 40 million jobs, or 27.7 percent of all jobs in the economy.

According to economists Kevin A. Hassett and Robert J. Shapiro, in 2010 the value of IP in the U.S. was between $8.1 trillion and $9.2 trillion, or the equivalent of 55-62.5 percent of GDP. In a knowledge based global economy, America’s ability to remain a world leader in innovation depends on strong protection of IP.

Intellectual Property Rights Must Be Protected Internationally Through Effective IP Provisions in Trade Agreements

Far too many foreign governments look the other way when it comes to the theft of IP. The lure of access to the U.S. market should be used as an incentive to convince trading partners that they should increase their protection of IP rights. Therefore, strong IP protections are integral to all trade agreement negotiations.

Intellectual Property Rights Are Integral to Consumer Protection and National Security

IP rights protect consumers by enabling them to make educated choices about the safety, reliability, and effectiveness of their purchases. The protection of IP rights is also vital to national security by preventing counterfeit parts, which compromise the reliability of weapons systems and the safety of military personnel, from entering the defense supply chain.

Intellectual Property Rights Must Be Respected and Protected on the Internet

The Internet is an incredible platform for innovation, creativity and commerce enabling widespread distribution of ideas and information. However, IP theft online is a persistent and growing problem. Protecting IP and Internet freedom are both critically important and complementary; they are not mutually exclusive.

A truly free Internet, like any truly free community, is one where people can engage in legitimate activities safely, and where bad actors are held accountable.

Voluntary Initiatives to Address Intellectual Property Theft Are Positive

Good faith actors in the Internet ecosystem should engage in private sector, voluntary initiatives to address illegal conduct. These voluntary efforts can empower consumers to make educated decisions about their online activities and encourage investment, innovation and jobs.

We encourage you to consider these guidelines as you review and discuss existing laws and regulations governing IP. The Founding Fathers understood that by protecting the proprietary rights of artists, authors, entrepreneurs, innovators, and inventors, they were promoting the greater public welfare. The continued protection of these fundamental rights is essential to American innovation and competitiveness

Sincerely,

James L. Martin, Chairman, 60 Plus Association
Phil Kerpen, President, American Commitment
Daniel Schneider, Executive Director, American Conservative Union
Carly Fiorina, Chairman, American Conservative Union Foundation
Steve Pociask, President, American Consumer Institute Center for Citizen Research
Thomas Sydnor II, Visiting Fellow, Center for Internet, Communications, and Technology Policy, American Enterprise Institute
Ned Ryun, Chairman, American Majority
Douglas “Dee” Stewart, President, Americans for a Balanced Budget
Stephen DeMaura, President, Americans For Job Security
Grover G. Norquist, President, Americans For Tax Reform
Jeffrey Mazzella, President, Center for Individual Freedom
Peter Pitts, President, The Center for Medicine in the Public Interest
Adam Mossoff, Professor of Law, George Mason University School of Law Co-Founder and Director of Academic Programs, Center for the Protection of Intellectual Property
Col Francis X. De Luca USMCR(Ret), President Civitas Institute
Thomas A. Schatz, President, Council for Citizens Against Government Waste
Katie McAuliffe, Executive Director, Digital Liberty
Hance Haney, Director and Senior Fellow, Technology and Democracy Project Discovery Institute
Charles Sauer, President, Entrepreneurs for Growth
Robert Roper, President, Ethan Allen Institute
Eric Feinberg, Executive Director, Fans Against Kounterfeit Enterprises
George Landrith, President, Frontiers of Freedom
Grace-Marie Turner, President, Galen Institute
Michael Krull, Adj. Professor of Politics and Public Policy Georgetown University
Louie Hunter, Chairman, Georgia Center Right Coalition
Dr. Keli’i Akina, President, Grassroot Institute of Hawaii
Mario H. Lopez, President, Hispanic Leadership Fund
Harold Furchtgott-Roth, Senior Fellow, Hudson Institute
Sabrina Schaeffer, Executive Director, Independent Women’s Forum
Robert D. Atkinson, Founder & President, Information, Technology & Innovation Foundation,
Andrew M. Langer, President, Institute for Liberty
Tom Giovanetti, President, Institute for Policy Innovation
Geoff Manne, Executive Director, International Center for Law & Economics
Ambassador Mark Green, President, International Republican Institute
Sal J. Nuzzo, Vice President of Policy, The James Madison Institute
Seton Motley, President, Less Government
Colin Hanna, President, Let Freedom Ring
Bartlett D. Cleland, Managing Principal, Madery Bridge Associates, LLC
Mary Adams, Leader, Maine Center-Right Coalition Leader
Matthew Gagnon, Chief Executive Officer, Maine Heritage Policy Center
Stephen Parente, PhD, Director, Medical Industry Leadership Institute (MILI) University of Minnesota
Brian McClung, Chairman, Minnesota Center Right Coalition
Kim Keenan, President & CEO, Minority Media & Telecommunications Council
Lieutenant Colonel Allen B. West, (US Army, Ret) President/CEO, National Center for Policy Analysis
Justin Vélez-Hagan, Founder / Executive Director, National Puerto Rican Chamber of Commerce
Todd McCracken, President and CEO, National Small Business Association
Scott Cleland, Chairman, Net Competition
Sally C. Pipes, President and CEO Pacific Research Institute, Center for the Protection of Intellectual Property
Mark Schultz, Professor of Law, Southern Illinois University School of Law Co-Founder and Director of Academic Programs, Center for the Protection of Intellectual Property
Chuck Muth, President, Citizen Outreach
Kevin P. Kane, President, Pelican Institute for Public Policy
Charlie Gerow, Chairman, Pennsylvania Center Right Coalition
Ron Nehring, Chairman, Project for California’s Future
Lorenzo Montanari, Executive Director Property Rights Alliance
Don Racheter, PhD, President, Public Interest Institute
Steve Smith, Executive Director, Rainbow PUSH Coalition
Jason Llorenz, JD, Senior Fellow, Rutgers University School of Communication & Information
Karen Kerrigan, President & CEO, Small Business & Entrepreneurship Council
David Williams, President, Taxpayers Protection Alliance
Patrick Rosenstiel, Executive Director, Trade Alliance to Promote Prosperity
Javier Palomarez, President and CEO, United States Hispanic Chamber of Commerce
Gregory Dolin, Associate Professor of Law & Co-Director, Center for Medicine and Law, Associate Director, Center for Law of Intellectual Property & Technology, University of Baltimore School of Law
Chris Holman, Professor of Law, University of Missouri–Kansas City School of Law
Kristen Jakobsen Osenga, Professor of Law, University of Richmond School of Law
Jonathan Taplin, Director, Annenberg Innovation Lab, University of Southern California
Ron Busby, President and CEO, US Black Chambers, Inc.
Susan Au Allen, National President and CEO, US Pan Asian American Chamber of Commerce Education Foundation
Barbara Kasoff, President and Co-Founder, Women Impacting Public Policy, Inc.