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Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School.
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Former President Donald Trump changed U.S. Intellectual Property Law on December 27, 2020. Months before leaving the White House, he signed into law the . The Act significantly changes American copyright and trademark laws.
Changes to Copyright Law
The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “2020 Copyright Act”) protects copyright owners’ rights in two ways: .Ěý
Under the 2020 Copyright Act, or for-profit network based on unauthorized downloading or distribution of copyrighted material is criminal. This echoes the U.S. government’s protectiveness over copyright holders in the digital era.ĚýĚý
By creating a small-claims tribunal for copyright matters, the 2020 Copyright Act also addresses access to justice concerns. The Copyright Claims Board (the “Board”) consists of a which hears claims regarding copyrighted material and awards damages or relief as necessary. disputes in a federal court.
Changes to Trademark Law
The Trademark Modernization Act of 2020 (the “2020 Trademark Act”) contains two major developments:
Pursuant to the 2020 Trademark Act, trademark examiners enjoy greater flexibility in setting response times to the “” procedure. This is the process through which third parties submit evidence to refute the registration of a trademark. Additionally, . Despite granting increased flexibility in time, the 2020 Trademark Act simultaneously introduced additional fees. These changes suggest that flexibility in timing comes at a cost.
The 2020 Trademark Act allows third parties to formally submit evidence into the record of an application of a trademark registration Third parties are given more authority to challenge a trademark registration if they are able to provide formal, relevant evidence that on or before the date of filing.
Intellectual Property Law and the Pandemic
Protecting intellectual property remains a priority during the unsettling times of a pandemic. Stronger copyright and trademark laws foster intellectual vibrancy; however, the Act, through imposing fees upon response-time extensions, may undermine any newly implemented flexibility.