IPEC Nominee Amin Emphasizes Focused Approach to IP Enforcement
White House Intellectual Property Enforcement Coordinator nominee Vishal Amin faced a largely friendly audience Wednesday at his Senate Judiciary Committee confirmation hearing, with members focusing questions on how Amin would deal with IP issues with China and how he views the balance between combating patent litigation abuse and protecting inventors. Legislators instead scrutinized nominees to DOJ and Department of Homeland Security posts. Amin emphasized his commitment to working on a focused approach to coordinating U.S. IP enforcement strategy and the need to ensure the U.S. IP system remains competitive. President Donald Trump’s nomination of Amin, previously House Judiciary Committee senior GOP majority counsel, drew praise (see 1704100067).
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A “targeted, practical and comprehensive approach” to U.S. IP enforcement strategy should include “effective use of all of our authorities, including our trade tools,” expanded law enforcement cooperation and engaging trading partners, Amin told Senate Judiciary. “The goal will be to ensure a level playing field for American innovators and creators, where their innovations and creations are respected and protected, and for systems to be in place that allow American businesses to operate in a free, fair and open marketplace.” Foreign governments and companies “should not be allowed to profit off of the theft or misappropriation” of U.S. IP, he said.
Amin plans to “build on” work done by previous heads of the office of the IP Enforcement Coordinator (IPEC), including immediate past Coordinator Daniel Marti. Voluntary initiatives that Marti outlined in the FY 2017-2019 IP enforcement strategic plan (see 1612120062) will be especially important to “continue engaging with stakeholders on,” particularly for online piracy, Amin said. He noted work needs to be done on customs enforcement issues. Sen. Chris Coons, D-Del., said he continues to be concerned that IPEC is underfunded.
Sens. Lindsey Graham, R-S.C., and Amy Klobuchar, D-Minn., pressed about how Amin would handle U.S. longstanding IP rights enforcement issues in China. Graham asked whether Amin was prepared to “go after China” when its companies violate U.S. IP rights. Amin said he believes China “is a significant issue” and a top offender of U.S. rights, so those issues will need to be “at the forefront” of U.S.-China bilateral discussions. He committed to work with U.S. Trade Representative Robert Lighthizer to effectively use their authorities to deal with China and urged additional engagement with law enforcement and the Chinese government.
Coons and others focused on concerns about patent litigation abuse. Coons is concerned the U.S. lost its “competitive edge” on patents. Sen. Orrin Hatch, R-Utah, asked whether Amin believed patent assertion entities remain a problem. Sen. Thom Tillis, R-N.C., said he believes Congress is trying to “figure out what that sweet spot is between frivolous patents and ones that are really the engine of innovation.”
A well-functioning patent system is important but “we’ll have to see how the [U.S. patent] system operates” once there has been time “for the dust to settle” after the Supreme Court’s Monday ruling in TC Heartland v. Kraft Foods Group Brands, Amin said. The ruling limited eligible court venues for patent infringement lawsuits (see 1705220045). The U.S. must ensure Patent and Trademark Office programs operate “fairly” and that patent examination processes “operate efficiently,” said the nominee.