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Written Statement of Kevin J. O'Connor, Chairman of the Department of Justice Task Force on Intellectual Property, at the Senate Judiciary Committee Hearing on Intellectual Property Enforcement
Date:11/7/2007

of drugs sold in the United States, allegations regarding counterfeit or adulterated drugs are taken very seriously, as problems associated with these drugs threaten human health. For example, in United States v. Albers, OCL attorneys assisted in the prosecution and conviction of top officials in a company charged with distributing counterfeit Lipitor. To date, twenty-four individuals have been charged, and sixteen convicted in connection with that investigation.

Since the 2006 Progress Report of the Department of Justice's Task Force on Intellectual Property, the Antitrust Division has continued to promote respect for intellectual property rights. In April 2007, the Division, together with the Federal Trade Commission, issued a report entitled Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation and Competition, which set forth key areas of debate and consensus regarding the antitrust analysis of six categories of intellectual property licensing practices. The Division issued two favorable business review letters, analyzing the competitive impact of patent licensing polices proposed by technology standard-setting organizations, and it assisted the Solicitor General in drafting briefs on IP-related cases including Quanta Computer, Inc. v. LG Electronics, Inc., for which the Supreme Court has granted certiorari.

-- The Need for New Enforcement Tools

While the Department is working aggressively to fight intellectual property crime both here and abroad, criminals are often a step ahead of law enforcement. Our criminal laws must be kept updated in order to meet the global challenges of intellectual property crime.

To offset the lucrative nature of piracy and counterfeiting, criminal penalties must provide real deterrence. Criminals must be divested of their illicit profits; and victims deserve strong restitution laws to help make them whole. In addition, prosecutors need the necessary tools to fight increasingly sophistic
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SOURCE U.S. Department of Justice
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