[110th Congress Public Law 403]
[From the U.S. Government Printing Office]
[DOCID: f:publ403.110]
[[Page 4255]]
PRIORITIZING RESOURCES AND ORGANIZATION FOR INTELLECTUAL PROPERTY ACT OF
2008
[[Page 122 STAT. 4256]]
Public Law 110-403
110th Congress
An Act
To enhance remedies for violations of intellectual property laws, and
for other purposes. <<NOTE: Oct. 13, 2008 - [S. 3325]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Prioritizing
Resources and Organization for Intellectual Property Act of 2008.>>
SECTION 1. <<NOTE: 15 USC 8101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Prioritizing
Resources and Organization for Intellectual Property Act of 2008''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference.
Sec. 3. Definition.
TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS
Sec. 101. Registration of claim.
Sec. 102. Civil remedies for infringement.
Sec. 103. Treble damages in counterfeiting cases.
Sec. 104. Statutory damages in counterfeiting cases.
Sec. 105. Importation and exportation.
TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS
Sec. 201. Criminal copyright infringement.
Sec. 202. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging for works that can be
copyrighted.
Sec. 203. Unauthorized fixation.
Sec. 204. Unauthorized recording of motion pictures.
Sec. 205. Trafficking in counterfeit goods or services.
Sec. 206. Forfeiture, destruction, and restitution.
Sec. 207. Forfeiture under Economic Espionage Act.
Sec. 208. Criminal infringement of a copyright.
Sec. 209. Technical and conforming amendments.
TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST
COUNTERFEITING AND INFRINGEMENT
Sec. 301. Intellectual Property Enforcement Coordinator.
Sec. 302. Definition.
Sec. 303. Joint strategic plan.
Sec. 304. Reporting.
Sec. 305. Savings and repeals.
Sec. 306. Authorization of appropriations.
TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS
Sec. 401. Local law enforcement grants.
Sec. 402. Improved investigative and forensic resources for enforcement
of laws related to intellectual property crimes.
Sec. 403. Additional funding for resources to investigate and prosecute
intellectual property crimes and other criminal activity
involving computers.
Sec. 404. Annual reports.
TITLE V--MISCELLANEOUS
Sec. 501. GAO study on protection of intellectual property of
manufacturers.
[[Page 122 STAT. 4257]]
Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.
SEC. 2. REFERENCE.
Any reference in this Act to the ``Trademark Act of 1946'' refers to
the Act entitled ``An Act to provide for the registration of trademarks
used in commerce, to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C.
1051 et seq.).
SEC. 3. <<NOTE: 15 USC 1801.>> DEFINITION.
In this Act, the term ``United States person'' means--
(1) any United States resident or national,
(2) any domestic concern (including any permanent domestic
establishment of any foreign concern), and
(3) any foreign subsidiary or affiliate (including any
permanent foreign establishment) of any domestic concern that is
controlled in fact by such domestic concern,
except that such term does not include an individual who resides outside
the United States and is employed by an individual or entity other than
an individual or entity described in paragraph (1), (2), or (3).
TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS
SEC. 101. REGISTRATION OF CLAIM.
(a) Limitation to Civil Actions; Harmless Error.--Section 411 of
title 17, United States Code, is amended--
(1) in the section heading, by inserting ``civil'' before
``infringement'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``no action''
and inserting ``no civil action''; and
(B) in the second sentence, by striking ``an
action'' and inserting ``a civil action'';
(3) by redesignating subsection (b) as subsection (c);
(4) in subsection (c), as so redesignated by paragraph (3),
by striking ``506 and sections 509 and'' and inserting ``505 and
section''; and
(5) by inserting after subsection (a) the following:
``(b)(1) A certificate of registration satisfies the requirements of
this section and section 412, regardless of whether the certificate
contains any inaccurate information, unless--
``(A) the inaccurate information was included on the
application for copyright registration with knowledge that it
was inaccurate; and
``(B) the inaccuracy of the information, if known, would
have caused the Register of Copyrights to refuse registration.
``(2) In any case in which inaccurate information described under
paragraph (1) is alleged, the court shall request the Register of
Copyrights to advise the court whether the inaccurate information, if
known, would have caused the Register of Copyrights to refuse
registration.
``(3) Nothing in this subsection shall affect any rights,
obligations, or requirements of a person related to information
contained
[[Page 122 STAT. 4258]]
in a registration certificate, except for the institution of and
remedies in infringement actions under this section and section 412.''.
(b) Technical and Conforming Amendments.--
(1) Section 412 of title 17, United States Code, is amended
by striking ``411(b)'' and inserting ``411(c)''.
(2) The item relating to section 411 in the table of
sections for chapter 4 of title 17, United States Code, is
amended to read as follows:
``Sec. 411. Registration and civil infringement actions.''.
SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.
(a) In General.--Section 503(a) of title 17, United States Code, is
amended to read as follows:
``(a)(1) At any time while an action under this title is pending,
the court may order the impounding, on such terms as it may deem
reasonable--
``(A) of all copies or phonorecords claimed to have been
made or used in violation of the exclusive right of the
copyright owner;
``(B) of all plates, molds, matrices, masters, tapes, film
negatives, or other articles by means of which such copies of
phonorecords may be reproduced; and
``(C) of records documenting the manufacture, sale, or
receipt of things involved in any such violation, provided that
any records seized under this subparagraph shall be taken into
the custody of the court.
``(2) <<NOTE: Records. Protective order.>> For impoundments of
records ordered under paragraph (1)(C), the court shall enter an
appropriate protective order with respect to discovery and use of any
records or information that has been impounded. The protective order
shall provide for appropriate procedures to ensure that confidential,
private, proprietary, or privileged information contained in such
records is not improperly disclosed or used.
``(3) The relevant provisions of paragraphs (2) through (11) of
section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11))
shall extend to any impoundment of records ordered under paragraph
(1)(C) that is based upon an ex parte application, notwithstanding the
provisions of rule 65 of the Federal Rules of Civil Procedure. Any
references in paragraphs (2) through (11) of section 34(d) of the
Trademark Act to section 32 of such Act shall be read as references to
section 501 of this title, and references to use of a counterfeit mark
in connection with the sale, offering for sale, or distribution of goods
or services shall be read as references to infringement of a
copyright.''.
(b) Protective Order for Seized Records.--Section 34(d)(7) of the
Trademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows:
``(7) Any materials seized under this subsection shall be
taken into the custody of the court. For seizures made under
this section, the court shall enter an appropriate protective
order with respect to discovery and use of any records or
information that has been seized. The protective order shall
provide for appropriate procedures to ensure that confidential,
private, proprietary, or privileged information contained in
such records is not improperly disclosed or used.''.
[[Page 122 STAT. 4259]]
SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.
Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is
amended to read as follows:
``(b) In assessing damages under subsection (a) for any violation of
section 32(1)(a) of this Act or section 220506 of title 36, United
States Code, in a case involving use of a counterfeit mark or
designation (as defined in section 34(d) of this Act), the court shall,
unless the court finds extenuating circumstances, enter judgment for
three times such profits or damages, whichever amount is greater,
together with a reasonable attorney's fee, if the violation consists
of--
``(1) intentionally using a mark or designation, knowing
such mark or designation is a counterfeit mark (as defined in
section 34(d) of this Act), in connection with the sale,
offering for sale, or distribution of goods or services; or
``(2) providing goods or services necessary to the
commission of a violation specified in paragraph (1), with the
intent that the recipient of the goods or services would put the
goods or services to use in committing the violation.
In such a case, the court may award prejudgment interest on such amount
at an annual interest rate established under section 6621(a)(2) of the
Internal Revenue Code of 1986, beginning on the date of the service of
the claimant's pleadings setting forth the claim for such entry of
judgment and ending on the date such entry is made, or for such shorter
time as the court considers appropriate.''.
SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.
Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is
amended--
(1) in paragraph (1)--
(A) by striking ``$500'' and inserting ``$1,000'';
and
(B) by striking ``$100,000'' and inserting
``$200,000''; and
(2) in paragraph (2), by striking ``$1,000,000'' and
inserting ``$2,000,000''.
SEC. 105. IMPORTATION AND EXPORTATION.
(a) In General.--The heading for chapter 6 of title 17, United
States Code, is amended to read as follows:
``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION''.
(b) Amendment on Exportation.--Section 602(a) of title 17, United
States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving such
subparagraphs 2 ems to the right;
(2) by striking ``(a)'' and inserting ``(a) Infringing
Importation or Exportation.--
``(1) Importation.--'';
(3) by striking ``This subsection does not apply to--'' and
inserting the following:
``(2) Importation or exportation of infringing items.--
Importation into the United States or exportation from the
United States, without the authority of the owner of copyright
under this title, of copies or phonorecords, the making of which
[[Page 122 STAT. 4260]]
either constituted an infringement of copyright, or which would
have constituted an infringement of copyright if this title had
been applicable, is an infringement of the exclusive right to
distribute copies or phonorecords under section 106, actionable
under sections 501 and 506.
``(3) Exceptions.--This subsection does not apply to--'';
(4) in paragraph (3)(A) (as redesignated by this subsection)
by inserting ``or exportation'' after ``importation''; and
(5) in paragraph (3)(B) (as redesignated by this
subsection)--
(A) by striking ``importation, for the private use
of the importer'' and inserting ``importation or
exportation, for the private use of the importer or
exporter''; and
(B) by inserting ``or departing from the United
States'' after ``United States''.
(c) Conforming Amendments.--(1) Section 602 of title 17, United
States Code, is further amended--
(A) in the section heading, by inserting ``or exportation''
after ``importation''; and
(B) in subsection (b)--
(i) by striking ``(b) In a case'' and inserting
``(b) Import Prohibition.--In a case'';
(ii) by striking ``the United States Customs
Service'' and inserting ``United States Customs and
Border Protection''; and
(iii) by striking ``the Customs Service'' and
inserting ``United States Customs and Border
Protection''.
(2) Section 601(b)(2) of title 17, United States Code, is amended by
striking ``the United States Customs Service'' and inserting ``United
States Customs and Border Protection''.
(3) The item relating to chapter 6 in the table of chapters for
title 17, United States Code, is amended to read as follows:
``6. Manufacturing Requirements, Importation, and Exportation ........
601''.
TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS
SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.
(a) Forfeiture and Destruction; Restitution.--Section 506(b) of
title 17, United States Code, is amended to read as follows:
``(b) Forfeiture, Destruction, and Restitution.--Forfeiture,
destruction, and restitution relating to this section shall be subject
to section 2323 of title 18, to the extent provided in that section, in
addition to any other similar remedies provided by law.''.
(b) Seizures and Forfeitures.--
(1) Repeal.--Section 509 of title 17, United States Code, is
repealed.
(2) Technical and conforming amendment.--The table of
sections for chapter 5 of title 17, United States Code, is
amended by striking the item relating to section 509.
SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, OR
COUNTERFEIT DOCUMENTATION OR PACKAGING FOR
WORKS THAT CAN BE COPYRIGHTED.
Section 2318 of title 18, United States Code, is amended--
[[Page 122 STAT. 4261]]
(1) in subsection (a)--
(A) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by striking ``Whoever'' and inserting ``(1)
Whoever'';
(2) by amending subsection (d) to read as follows:
``(d) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.''; and
(3) by striking subsection (e) and redesignating subsection
(f) as subsection (e).
SEC. 203. UNAUTHORIZED FIXATION.
(a) Section 2319A(b) of title 18, United States Code, is amended to
read as follows:
``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.''.
(b) <<NOTE: Regulations.>> Section 2319A(c) of title 18, United
States Code, is amended by striking the second sentence and inserting:
``The Secretary of Homeland Security shall issue regulations by which
any performer may, upon payment of a specified fee, be entitled to
notification by United States Customs and Border Protection of the
importation of copies or phonorecords that appear to consist of
unauthorized fixations of the sounds or sounds and images of a live
musical performance.''.
SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.
Section 2319B(b) of title 18, United States Code, is amended to read
as follows:
``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.''.
SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
(a) In General.--Section 2320 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Whoever'' and inserting
``Offense.--''
``(1) In general.--Whoever;'';
(B) by moving the remaining text 2 ems to the right;
and
(C) by adding at the end the following:
``(2) Serious bodily harm or death.--
``(A) Serious bodily harm.--If the offender
knowingly or recklessly causes or attempts to cause
serious bodily injury from conduct in violation of
paragraph (1), the penalty shall be a fine under this
title or imprisonment for not more than 20 years, or
both.
[[Page 122 STAT. 4262]]
``(B) Death.--If the offender knowingly or
recklessly causes or attempts to cause death from
conduct in violation of paragraph (1), the penalty shall
be a fine under this title or imprisonment for any term
of years or for life, or both.''; and
(2) by adding at the end the following:
``(h) Transshipment and Exportation.--No goods or services, the
trafficking in of which is prohibited by this section, shall be
transshipped through or exported from the United States. Any such
transshipment or exportation shall be deemed a violation of section 42
of an Act to provide for the registration of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes, approved July 5, 1946 (commonly
referred to as the `Trademark Act of 1946' or the `Lanham Act').''.
(b) Forfeiture and Destruction of Property; Restitution.--Section
2320(b) of title 18, United States Code, is amended to read as follows:
``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.''.
SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.
(a) In General.--Chapter 113 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 2323. <<NOTE: Court orders.>> FORFEITURE, DESTRUCTION, AND
RESTITUTION.
``(a) Civil Forfeiture.--
``(1) Property subject to forfeiture.--The following
property is subject to forfeiture to the United States
Government:
``(A) Any article, the making or trafficking of
which is, prohibited under section 506 of title 17, or
section 2318, 2319, 2319A, 2319B, or 2320, or chapter
90, of this title.
``(B) Any property used, or intended to be used, in
any manner or part to commit or facilitate the
commission of an offense referred to in subparagraph
(A).
``(C) Any property constituting or derived from any
proceeds obtained directly or indirectly as a result of
the commission of an offense referred to in subparagraph
(A).
``(2) Procedures.--The provisions of chapter 46 relating to
civil forfeitures shall extend to any seizure or civil
forfeiture under this section. <<NOTE: Protective order.>> For
seizures made under this section, the court shall enter an
appropriate protective order with respect to discovery and use
of any records or information that has been seized. The
protective order shall provide for appropriate procedures to
ensure that confidential, private, proprietary, or privileged
information contained in such records is not improperly
disclosed or used. At the conclusion of the forfeiture
proceedings, unless otherwise requested by an agency of the
United States, the court shall order that any property forfeited
under paragraph (1) be destroyed, or otherwise disposed of
according to law.
``(b) Criminal Forfeiture.--
``(1) Property subject to forfeiture.--The court, in
imposing sentence on a person convicted of an offense under
[[Page 122 STAT. 4263]]
section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or
2320, or chapter 90, of this title, shall order, in addition to
any other sentence imposed, that the person forfeit to the
United States Government any property subject to forfeiture
under subsection (a) for that offense.
``(2) Procedures.--
``(A) In general.--The forfeiture of property under
paragraph (1), including any seizure and disposition of
the property and any related judicial or administrative
proceeding, shall be governed by the procedures set
forth in section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853),
other than subsection (d) of that section.
``(B) Destruction.--At the conclusion of the
forfeiture proceedings, the court, unless otherwise
requested by an agency of the United States shall order
that any--
``(i) forfeited article or component of an
article bearing or consisting of a counterfeit
mark be destroyed or otherwise disposed of
according to law; and
``(ii) infringing items or other property
described in subsection (a)(1)(A) and forfeited
under paragraph (1) of this subsection be
destroyed or otherwise disposed of according to
law.
``(c) Restitution.--When a person is convicted of an offense under
section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, or
chapter 90, of this title, the court, pursuant to sections 3556, 3663A,
and 3664 of this title, shall order the person to pay restitution to any
victim of the offense as an offense against property referred to in
section 3663A(c)(1)(A)(ii) of this title.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 113 of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 2323. Forfeiture, destruction, and restitution.''.
SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.
Section 1834 of title 18, United States Code, is amended to read as
follows:
``SEC. 1834. CRIMINAL FORFEITURE.
``Forfeiture, destruction, and restitution relating to this chapter
shall be subject to section 2323, to the extent provided in that
section, in addition to any other similar remedies provided by law.''.
SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.
Section 2319 of title 18, United States Code, is amended--
(1) in subsection (b)(2)--
(A) by inserting ``is a felony and'' after
``offense'' the first place such term appears; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(2) in subsection (c)(2)--
(A) by inserting ``is a felony and'' after
``offense'' the first place such term appears; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(3) in subsection (d)(3)--
[[Page 122 STAT. 4264]]
(A) by inserting ``is a felony and'' after
``offense'' the first place such term appears; and
(B) by inserting ``under subsection (a)'' before the
semicolon; and
(4) in subsection (d)(4), by inserting ``is a felony and''
after ``offense'' the first place such term appears.
SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments to Title 17, United States Code.--
(1) Section 109 (b)(4) of title 17, United States Code, is
amended by striking ``505, and 509'' and inserting ``and 505''.
(2) Section 111 of title 17, United States Code, is
amended--
(A) in subsection (b), by striking ``and 509'';
(B) in subsection (c)--
(i) in paragraph (2), by striking ``and 509'';
(ii) in paragraph (3), by striking ``sections
509 and 510'' and inserting ``section 510''; and
(iii) in paragraph (4), by striking ``and
section 509''; and
(C) in subsection (e)--
(i) in paragraph (1), by striking ``sections
509 and 510'' and inserting ``section 510''; and
(ii) in paragraph (2), by striking ``and
509''.
(3) Section 115(c) of title 17, United States Code, is
amended--
(A) in paragraph (3)(G)(i), by striking ``and 509'';
and
(B) in paragraph (6), by striking ``and 509''.
(4) Section 119(a) of title 17, United States Code, is
amended--
(A) in paragraph (6), by striking ``sections 509 and
510'' and inserting ``section 510'';
(B) in paragraph (7)(A), by striking ``and 509'';
(C) in paragraph (8), by striking ``and 509''; and
(D) in paragraph (13), by striking ``and 509''.
(5) Section 122 of title 17, United States Code, is
amended--
(A) in subsection (d), by striking ``and 509'';
(B) in subsection (e), by striking ``sections 509
and 510'' and inserting ``section 510''; and
(C) in subsection (f)(1), by striking ``and 509''.
(6) Section 411(b) of title 17, United States Code, is
amended by striking ``sections 509 and 510'' and inserting
``section 510''.
(b) Other Amendments.--Section 596(c)(2)(c) of the Tariff Act of
1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking ``or 509''.
TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST
COUNTERFEITING AND INFRINGEMENT
SEC. 301. <<NOTE: 15 USC 8111.>> INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR.
(a) Intellectual Property
Enforcement <<NOTE: President. Appointments.>> Coordinator.--The
President shall appoint, by and with the advice and consent
[[Page 122 STAT. 4265]]
of the Senate, an Intellectual Property Enforcement Coordinator (in this
title referred to as the ``IPEC'') to serve within the Executive Office
of the President. As an exercise of the rulemaking power of the Senate,
any nomination of the IPEC submitted to the Senate for confirmation, and
referred to a committee, shall be referred to the Committee on the
Judiciary.
(b) Duties of IPEC.--
(1) In general.--The IPEC shall--
(A) chair the interagency intellectual property
enforcement advisory committee established under
subsection (b)(3)(A);
(B) coordinate the development of the Joint
Strategic Plan against counterfeiting and infringement
by the advisory committee under section 303;
(C) assist, at the request of the departments and
agencies listed in subsection (b)(3)(A), in the
implementation of the Joint Strategic Plan;
(D) facilitate the issuance of policy guidance to
departments and agencies on basic issues of policy and
interpretation, to the extent necessary to assure the
coordination of intellectual property enforcement policy
and consistency with other law;
(E) <<NOTE: Reports.>> report to the President and
report to Congress, to the extent consistent with law,
regarding domestic and international intellectual
property enforcement programs;
(F) <<NOTE: Reports. Recommen- dations.>> report to
Congress, as provided in section 304, on the
implementation of the Joint Strategic Plan, and make
recommendations, if any and as appropriate, to Congress
for improvements in Federal intellectual property laws
and enforcement efforts; and
(G) carry out such other functions as the President
may direct.
(2) Limitation on authority.--The IPEC may not control or
direct any law enforcement agency, including the Department of
Justice, in the exercise of its investigative or prosecutorial
authority.
(3) Advisory committee.--
(A) Establishment.--There is established an
interagency intellectual property enforcement advisory
committee composed of the IPEC, who shall chair the
committee, and the following members:
(i) Senate-confirmed representatives of the
following departments and agencies who are
involved in intellectual property enforcement, and
who are, or are appointed by, the respective heads
of those departments and agencies:
(I) The Office of Management and
Budget.
(II) Relevant units within the
Department of Justice, including the
Federal Bureau of Investigation and the
Criminal Division.
(III) The United States Patent and
Trademark Office and other relevant
units of the Department of Commerce.
(IV) The Office of the United States
Trade Representative.
(V) The Department of State, the
United States Agency for International
Development, and
[[Page 122 STAT. 4266]]
the Bureau of International Narcotics
Law Enforcement.
(VI) The Department of Homeland
Security, United States Customs and
Border Protection, and United States
Immigration and Customs Enforcement.
(VII) The Food and Drug
Administration of the Department of
Health and Human Services.
(VIII) The Department of
Agriculture.
(IX) Any such other agencies as the
President determines to be substantially
involved in the efforts of the Federal
Government to combat counterfeiting and
infringement.
(ii) The Register of Copyrights, or a senior
representative of the United States Copyright
Office appointed by the Register of Copyrights.
(B) Functions.--The <<NOTE: Strategic
plan.>> advisory committee established under
subparagraph (A) shall develop the Joint Strategic Plan
against counterfeiting and infringement under section
303.
SEC. 302. <<NOTE: 15 USC 8112.>> DEFINITION.
For purposes of this title, the term ``intellectual property
enforcement'' means matters relating to the enforcement of laws
protecting copyrights, patents, trademarks, other forms of intellectual
property, and trade secrets, both in the United States and abroad,
including in particular matters relating to combating counterfeit and
infringing goods.
SEC. 303. <<NOTE: 15 USC 8113.>> JOINT STRATEGIC PLAN.
(a) Purpose.--The objectives of the Joint Strategic Plan against
counterfeiting and infringement that is referred to in section
301(b)(1)(B) (in this section referred to as the ``joint strategic
plan'') are the following:
(1) Reducing counterfeit and infringing goods in the
domestic and international supply chain.
(2) Identifying and addressing structural weaknesses,
systemic flaws, or other unjustified impediments to effective
enforcement action against the financing, production,
trafficking, or sale of counterfeit or infringing goods,
including identifying duplicative efforts to enforce,
investigate, and prosecute intellectual property crimes across
the Federal agencies and Departments that comprise the Advisory
Committee and recommending how such duplicative efforts may be
minimized. Such recommendations may include recommendations on
how to reduce duplication in personnel, materials, technologies,
and facilities utilized by the agencies and Departments
responsible for the enforcement, investigation, or prosecution
of intellectual property crimes.
(3) Ensuring that information is identified and shared among
the relevant departments and agencies, to the extent permitted
by law, including requirements relating to confidentiality and
privacy, and to the extent that such sharing of information is
consistent with Department of Justice and other law enforcement
protocols for handling such information, to aid in the objective
of arresting and prosecuting individuals and entities that are
knowingly involved in the financing, production, trafficking, or
sale of counterfeit or infringing goods.
[[Page 122 STAT. 4267]]
(4) Disrupting and eliminating domestic and international
counterfeiting and infringement networks.
(5) Strengthening the capacity of other countries to protect
and enforce intellectual property rights, and reducing the
number of countries that fail to enforce laws preventing the
financing, production, trafficking, and sale of counterfeit and
infringing goods.
(6) Working with other countries to establish international
standards and policies for the effective protection and
enforcement of intellectual property rights.
(7) Protecting intellectual property rights overseas by--
(A) working with other countries and exchanging
information with appropriate law enforcement agencies in
other countries relating to individuals and entities
involved in the financing, production, trafficking, or
sale of counterfeit and infringing goods;
(B) ensuring that the information referred to in
subparagraph (A) is provided to appropriate United
States law enforcement agencies in order to assist, as
warranted, enforcement activities in cooperation with
appropriate law enforcement agencies in other countries;
and
(C) building a formal process for consulting with
companies, industry associations, labor unions, and
other interested groups in other countries with respect
to intellectual property enforcement.
(b) Timing.--Not <<NOTE: Deadlines.>> later than 12 months after the
date of the enactment of this Act, and not later than December 31 of
every third year thereafter, the IPEC shall submit the joint strategic
plan to the Committee on the Judiciary and the Committee on
Appropriations of the Senate, and to the Committee on the Judiciary and
the Committee on Appropriations of the House of Representatives.
(c) Responsibility of the IPEC.--During the development of the joint
strategic plan, the IPEC--
(1) shall provide assistance to, and coordinate the meetings
and efforts of, the appropriate officers and employees of
departments and agencies represented on the advisory committee
appointed under section 301(b)(3) who are involved in
intellectual property enforcement; and
(2) may consult with private sector experts in intellectual
property enforcement in furtherance of providing assistance to
the members of the advisory committee appointed under section
301(b)(3).
(d) Responsibilities of Other Departments and Agencies.--In the
development and implementation of the joint strategic plan, the heads of
the departments and agencies identified under section 301(b)(3) shall--
(1) <<NOTE: Designations.>> designate personnel with
expertise and experience in intellectual property enforcement
matters to work with the IPEC and other members of the advisory
committee; and
(2) share relevant department or agency information with the
IPEC and other members of the advisory committee, including
statistical information on the enforcement activities of the
department or agency against counterfeiting or infringement, and
plans for addressing the joint strategic plan, to the extent
permitted by law, including requirements relating to
confidentiality and privacy, and to the extent that such
[[Page 122 STAT. 4268]]
sharing of information is consistent with Department of Justice
and other law enforcement protocols for handling such
information.
(e) Contents of the Joint Strategic Plan.--Each joint strategic plan
shall include the following:
(1) A description of the priorities identified for carrying
out the objectives in the joint strategic plan, including
activities of the Federal Government relating to intellectual
property enforcement.
(2) A description of the means to be employed to achieve the
priorities, including the means for improving the efficiency and
effectiveness of the Federal Government's enforcement efforts
against counterfeiting and infringement.
(3) Estimates of the resources necessary to fulfill the
priorities identified under paragraph (1).
(4) The performance measures to be used to monitor results
under the joint strategic plan during the following year.
(5) An analysis of the threat posed by violations of
intellectual property rights, including the costs to the economy
of the United States resulting from violations of intellectual
property laws, and the threats to public health and safety
created by counterfeiting and infringement.
(6) An identification of the departments and agencies that
will be involved in implementing each priority under paragraph
(1).
(7) A strategy for ensuring coordination among the
departments and agencies identified under paragraph (6), which
will facilitate oversight by the executive branch of, and
accountability among, the departments and agencies responsible
for carrying out the strategy.
(8) Such other information as is necessary to convey the
costs imposed on the United States economy by, and the threats
to public health and safety created by, counterfeiting and
infringement, and those steps that the Federal Government
intends to take over the period covered by the succeeding joint
strategic plan to reduce those costs and counter those threats.
(f) Enhancing Enforcement Efforts of Foreign Governments.--The joint
strategic plan shall include programs to provide training and technical
assistance to foreign governments for the purpose of enhancing the
efforts of such governments to enforce laws against counterfeiting and
infringement. With respect to such programs, the joint strategic plan
shall--
(1) seek to enhance the efficiency and consistency with
which Federal resources are expended, and seek to minimize
duplication, overlap, or inconsistency of efforts;
(2) identify and give priority to those countries where
programs of training and technical assistance can be carried out
most effectively and with the greatest benefit to reducing
counterfeit and infringing products in the United States market,
to protecting the intellectual property rights of United States
persons and their licensees, and to protecting the interests of
United States persons otherwise harmed by violations of
intellectual property rights in those countries;
(3) in identifying the priorities under paragraph (2), be
guided by the list of countries identified by the United States
[[Page 122 STAT. 4269]]
Trade Representative under section 182(a) of the Trade Act of
1974 (19 U.S.C. 2242(a)); and
(4) develop metrics to measure the effectiveness of the
Federal Government's efforts to improve the laws and enforcement
practices of foreign governments against counterfeiting and
infringement.
(g) Dissemination of the Joint Strategic <<NOTE: Web site. Public
information.>> Plan.--The joint strategic plan shall be posted for
public access on the website of the White House, and shall be
disseminated to the public through such other means as the IPEC may
identify.
SEC. 304. <<NOTE: 15 USC 8114.>> REPORTING.
(a) Annual Report.--Not later than December 31 of each calendar year
beginning in 2009, the IPEC shall submit a report on the activities of
the advisory committee during the preceding fiscal year.
The <<NOTE: Public information.>> annual report shall be submitted to
Congress, and disseminated to the people of the United States, in the
manner specified in subsections (b) and (g) of section 303.
(b) Contents.--The report required by this section shall include the
following:
(1) The progress made on implementing the strategic plan and
on the progress toward fulfillment of the priorities identified
under section 303(e)(1).
(2) The progress made in efforts to encourage Federal,
State, and local government departments and agencies to accord
higher priority to intellectual property enforcement.
(3) The progress made in working with foreign countries to
investigate, arrest, and prosecute entities and individuals
involved in the financing, production, trafficking, and sale of
counterfeit and infringing goods.
(4) The manner in which the relevant departments and
agencies are working together and sharing information to
strengthen intellectual property enforcement.
(5) An assessment of the successes and shortcomings of the
efforts of the Federal Government, including departments and
agencies represented on the committee established under section
301(b)(3).
(6) Recommendations, if any and as appropriate, for any
changes in enforcement statutes, regulations, or funding levels
that the advisory committee considers would significantly
improve the effectiveness or efficiency of the effort of the
Federal Government to combat counterfeiting and infringement and
otherwise strengthen intellectual property enforcement,
including through the elimination or consolidation of
duplicative programs or initiatives.
(7) The progress made in strengthening the capacity of
countries to protect and enforce intellectual property rights.
(8) The successes and challenges in sharing with other
countries information relating to intellectual property
enforcement.
(9) The progress made under trade agreements and treaties to
protect intellectual property rights of United States persons
and their licensees.
(10) The progress made in minimizing duplicative efforts,
materials, facilities, and procedures of the Federal agencies
and Departments responsible for the enforcement, investigation,
or prosecution of intellectual property crimes.
[[Page 122 STAT. 4270]]
(11) Recommendations, if any and as appropriate, on how to
enhance the efficiency and consistency with which Federal funds
and resources are expended to enforce, investigate, or prosecute
intellectual property crimes, including the extent to which the
agencies and Departments responsible for the enforcement,
investigation, or prosecution of intellectual property crimes
have utilized existing personnel, materials, technologies, and
facilities.
SEC. 305. <<NOTE: 15 USC 8115.>> SAVINGS AND REPEALS.
(a) Transition From NIPLECC to IPEC.--
(1) Repeal <<NOTE: Effective date. Publication.>> of
niplecc.--Section 653 of the Treasury and General Government
Appropriations Act, 2000 (15 U.S.C. 1128) is repealed effective
upon confirmation of the IPEC by the Senate and publication of
such appointment in the Congressional Record.
(2) Continuity of performance of duties.--Upon confirmation
by the Senate, and notwithstanding paragraph (1), the IPEC may
use the services and personnel of the National Intellectual
Property Law Enforcement Coordination Council, for such time as
is reasonable, to perform any functions or duties which in the
discretion of the IPEC are necessary to facilitate the orderly
transition of any functions or duties transferred from the
Council to the IPEC pursuant to any provision of this Act or any
amendment made by this Act.
(b) Current Authorities Not Affected.--Except as provided in
subsection (a), nothing in this title shall alter the authority of any
department or agency of the United States (including any independent
agency) that relates to--
(1) the investigation and prosecution of violations of laws
that protect intellectual property rights;
(2) the administrative enforcement, at the borders of the
United States, of laws that protect intellectual property
rights; or
(3) the United States trade agreements program or
international trade.
(c) Rules of Construction.--Nothing in this title--
(1) shall derogate from the powers, duties, and functions of
any of the agencies, departments, or other entities listed or
included under section 301(b)(3)(A); and
(2) shall be construed to transfer authority regarding the
control, use, or allocation of law enforcement resources, or the
initiation or prosecution of individual cases or types of cases,
from the responsible law enforcement department or agency.
SEC. 306. <<NOTE: 15 USC 8116.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out this title.
[[Page 122 STAT. 4271]]
TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS
SEC. 401. <<NOTE: 42 USC 3713a.>> LOCAL LAW ENFORCEMENT GRANTS.
(a) Authorization.--Section 2 of the Computer Crime Enforcement Act
(42 U.S.C. 3713) is amended--
(1) in subsection (b), by inserting after ``computer crime''
each place it appears the following: ``, including infringement
of copyrighted works over the Internet''; and
(2) in subsection (e)(1), relating to authorization of
appropriations, by striking ``fiscal years 2001 through 2004''
and inserting ``fiscal years 2009 through 2013''.
(b) Grants.--The Office of Justice Programs of the Department of
Justice may make grants to eligible State or local law enforcement
entities, including law enforcement agencies of municipal governments
and public educational institutions, for training, prevention,
enforcement, and prosecution of intellectual property theft and
infringement crimes (in this subsection referred to as ``IP-TIC
grants''), in accordance with the following:
(1) Use of ip-tic grant amounts.--IP-TIC grants may be used
to establish and develop programs to do the following with
respect to the enforcement of State and local true name and
address laws and State and local criminal laws on anti-
infringement, anti-counterfeiting, and unlawful acts with
respect to goods by reason of their protection by a patent,
trademark, service mark, trade secret, or other intellectual
property right under State or Federal law:
(A) Assist State and local law enforcement agencies
in enforcing those laws, including by reimbursing State
and local entities for expenses incurred in performing
enforcement operations, such as overtime payments and
storage fees for seized evidence.
(B) Assist State and local law enforcement agencies
in educating the public to prevent, deter, and identify
violations of those laws.
(C) Educate and train State and local law
enforcement officers and prosecutors to conduct
investigations and forensic analyses of evidence and
prosecutions in matters involving those laws.
(D) Establish task forces that include personnel
from State or local law enforcement entities, or both,
exclusively to conduct investigations and forensic
analyses of evidence and prosecutions in matters
involving those laws.
(E) Assist State and local law enforcement officers
and prosecutors in acquiring computer and other
equipment to conduct investigations and forensic
analyses of evidence in matters involving those laws.
(F) Facilitate and promote the sharing, with State
and local law enforcement officers and prosecutors, of
the expertise and information of Federal law enforcement
agencies about the investigation, analysis, and
prosecution of matters involving those laws and criminal
infringement of copyrighted works, including the use of
multijurisdictional task forces.
(2) Eligibility.--To be eligible to receive an IP-TIC grant,
a State or local government entity shall provide to the Attorney
[[Page 122 STAT. 4272]]
General, in addition to the information regularly required to be
provided under the Financial Guide issued by the Office of
Justice Programs and any other information required of
Department of Justice's grantees--
(A) assurances that the State in which the
government entity is located has in effect laws
described in paragraph (1);
(B) <<NOTE: Assessments.>> an assessment of the
resource needs of the State or local government entity
applying for the grant, including information on the
need for reimbursements of base salaries and overtime
costs, storage fees, and other expenditures to improve
the investigation, prevention, or enforcement of laws
described in paragraph (1); and
(C) a <<NOTE: Plans.>> plan for coordinating the
programs funded under this section with other federally
funded technical assistance and training programs,
including directly funded local programs such as the
Edward Byrne Memorial Justice Assistance Grant Program
authorized by subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(3) Matching funds.--The Federal share of an IP-TIC grant
may not exceed 50 percent of the costs of the program or
proposal funded by the IP-TIC grant.
(4) Authorization of appropriations.--
(A) Authorization.--There is authorized to be
appropriated to carry out this subsection the sum of
$25,000,000 for each of fiscal years 2009 through 2013.
(B) Limitation.--Of the amount made available to
carry out this subsection in any fiscal year, not more
than 3 percent may be used by the Attorney General for
salaries and administrative expenses.
SEC. 402. <<NOTE: 42 USC 3713b.>> IMPROVED INVESTIGATIVE AND
FORENSIC RESOURCES FOR ENFORCEMENT OF LAWS
RELATED TO INTELLECTUAL PROPERTY CRIMES.
(a) In General.--Subject to the availability of appropriations to
carry out this subsection, the Attorney General, in consultation with
the Director of the Federal Bureau of Investigation, shall, with respect
to crimes related to the theft of intellectual property--
(1) ensure that there are at least 10 additional operational
agents of the Federal Bureau of Investigation designated to
support the Computer Crime and Intellectual Property Section of
the Criminal Division of the Department of Justice in the
investigation and coordination of intellectual property crimes;
(2) ensure that any Computer Hacking and Intellectual
Property Crime Unit in the Department of Justice is supported by
at least 1 agent of the Federal Bureau of Investigation (in
addition to any agent supporting such unit as of the date of the
enactment of this Act) to support such unit for the purpose of
investigating or prosecuting intellectual property crimes;
(3) ensure that all Computer Hacking and Intellectual
Property Crime Units located at an office of a United States
Attorney are assigned at least 2 Assistant United States
Attorneys responsible for investigating and prosecuting computer
hacking or intellectual property crimes; and
[[Page 122 STAT. 4273]]
(4) ensure the implementation of a regular and comprehensive
training program--
(A) the purpose of which is to train agents of the
Federal Bureau of Investigation in the investigation and
prosecution of such crimes and the enforcement of laws
related to intellectual property crimes; and
(B) that includes relevant forensic training related
to investigating and prosecuting intellectual property
crimes.
(b) Organized Crime Plan.--Subject <<NOTE: Deadline.>> to the
availability of appropriations to carry out this subsection, and not
later than 180 days after the date of the enactment of this Act, the
Attorney General, through the United States Attorneys' Offices, the
Computer Crime and Intellectual Property section, and the Organized
Crime and Racketeering section of the Department of Justice, and in
consultation with the Federal Bureau of Investigation and other Federal
law enforcement agencies, such as the Department of Homeland Security,
shall create and implement a comprehensive, long-range plan to
investigate and prosecute international organized crime syndicates
engaging in or supporting crimes relating to the theft of intellectual
property.
(c) Authorization.--There are authorized to be appropriated to carry
out this section $10,000,000 for each of fiscal years 2009 through 2013.
SEC. 403. <<NOTE: 42 USC 3713c.>> ADDITIONAL FUNDING FOR RESOURCES
TO INVESTIGATE AND PROSECUTE INTELLECTUAL
PROPERTY CRIMES AND OTHER CRIMINAL
ACTIVITY INVOLVING COMPUTERS.
(a) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute
intellectual property crimes and other criminal activity
involving computers, there are authorized to be appropriated for
each of the fiscal years 2009 through 2013--
(A) $10,000,000 to the Director of the Federal
Bureau of Investigation; and
(B) $10,000,000 to the Attorney General for the
Criminal Division of the Department of Justice.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
(b) Use of Additional Funding.--Funds made available under
subsection (a) shall be used by the Director of the Federal Bureau of
Investigation and the Attorney General, for the Federal Bureau of
Investigation and the Criminal Division of the Department of Justice,
respectively, to--
(1) hire and train law enforcement officers to--
(A) investigate intellectual property crimes and
other crimes committed through the use of computers and
other information technology, including through the use
of the Internet; and
(B) assist in the prosecution of such crimes; and
(2) enable relevant units of the Department of Justice,
including units responsible for investigating computer hacking
or intellectual property crimes, to procure advanced tools of
forensic science and expert computer forensic assistance,
including from non-governmental entities, to investigate,
prosecute, and study such crimes.
[[Page 122 STAT. 4274]]
SEC. 404. <<NOTE: 42 USC 3713d.>> ANNUAL REPORTS.
(a) Report of the Attorney General.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the Attorney
General shall submit a report to Congress on actions taken to carry out
this title. The initial report required under this subsection shall be
submitted by May 1, 2009. All subsequent annual reports shall be
submitted by May 1st of each fiscal year thereafter. The report required
under this subsection may be submitted as part of the annual performance
report of the Department of Justice, and shall include the following:
(1) <<NOTE: Grants.>> With respect to grants issued under
section 401, the number and identity of State and local law
enforcement grant applicants, the number of grants issued, the
dollar value of each grant, including a break down of such value
showing how the recipient used the funds, the specific purpose
of each grant, and the reports from recipients of the grants on
the efficacy of the program supported by the grant. The
Department of Justice shall use the information provided by the
grant recipients to produce a statement for each individual
grant. Such statement shall state whether each grantee has
accomplished the purposes of the grant as established in section
401(b). Those grantees not in compliance with the requirements
of this title shall be subject, but not limited to, sanctions as
described in the Financial Guide issued by the Office of Justice
Programs at the Department of Justice.
(2) With respect to the additional agents of the Federal
Bureau of Investigation authorized under paragraphs (1) and (2)
of section 402(a), the number of investigations and actions in
which such agents were engaged, the type of each action, the
resolution of each action, and any penalties imposed in each
action.
(3) With respect to the training program authorized under
section 402(a)(4), the number of agents of the Federal Bureau of
Investigation participating in such program, the elements of the
training program, and the subject matters covered by the
program.
(4) With respect to the organized crime plan authorized
under section 402(b), the number of organized crime
investigations and prosecutions resulting from such plan.
(5) With respect to the authorizations under section 403--
(A) the number of law enforcement officers hired and
the number trained;
(B) the number and type of investigations and
prosecutions resulting from the hiring and training of
such law enforcement officers;
(C) the defendants involved in any such
prosecutions;
(D) any penalties imposed in each such successful
prosecution;
(E) the advanced tools of forensic science procured
to investigate, prosecute, and study computer hacking or
intellectual property crimes; and
(F) the number and type of investigations and
prosecutions in such tools were used.
(6) Any other information that the Attorney General may
consider relevant to inform Congress on the effective use of the
resources authorized under sections 401, 402, and 403.
[[Page 122 STAT. 4275]]
(7) A summary of the efforts, activities, and resources the
Department of Justice has allocated to the enforcement,
investigation, and prosecution of intellectual property crimes,
including--
(A) a review of the policies and efforts of the
Department of Justice related to the prevention and
investigation of intellectual property crimes, including
efforts at the Office of Justice Programs, the Criminal
Division of the Department of Justice, the Executive
Office of United States Attorneys, the Office of the
Attorney General, the Office of the Deputy Attorney
General, the Office of Legal Policy, and any other
agency or bureau of the Department of Justice whose
activities relate to intellectual property;
(B) a summary of the overall successes and failures
of such policies and efforts;
(C) a review of the investigative and prosecution
activity of the Department of Justice with respect to
intellectual property crimes, including--
(i) the number of investigations initiated
related to such crimes;
(ii) the number of arrests related to such
crimes; and
(iii) the number of prosecutions for such
crimes, including--
(I) the number of defendants
involved in such prosecutions;
(II) whether the prosecution
resulted in a conviction; and
(III) the sentence and the statutory
maximum for such crime, as well as the
average sentence imposed for such crime;
and
(D) a Department-wide assessment of the staff,
financial resources, and other resources (such as time,
technology, and training) devoted to the enforcement,
investigation, and prosecution of intellectual property
crimes, including the number of investigators,
prosecutors, and forensic specialists dedicated to
investigating and prosecuting intellectual property
crimes.
(8) A summary of the efforts, activities, and resources that
the Department of Justice has taken to--
(A) minimize duplicating the efforts, materials,
facilities, and procedures of any other Federal agency
responsible for the enforcement, investigation, or
prosecution of intellectual property crimes; and
(B) enhance the efficiency and consistency with
which Federal funds and resources are expended to
enforce, investigate, or prosecute intellectual property
crimes, including the extent to which the Department has
utilized existing personnel, materials, technologies,
and facilities.
(b) Initial Report of the Attorney General.--The first report
required to be submitted by the Attorney General under subsection (a)
shall include a summary of the efforts, activities, and resources the
Department of Justice has allocated in the 5 years prior to the date of
enactment of this Act, as well as the 1-year period following such date
of enactment, to the enforcement, investigation, and prosecution of
intellectual property crimes, including--
[[Page 122 STAT. 4276]]
(1) a review of the policies and efforts of the Department
of Justice related to the prevention and investigation of
intellectual property crimes, including efforts at the Office of
Justice Programs, the Criminal Division of the Department of
Justice, the Executive Office of United States Attorneys, the
Office of the Attorney General, the Office of the Deputy
Attorney General, the Office of Legal Policy, and any other
agency or bureau of the Department of Justice whose activities
relate to intellectual property;
(2) a summary of the overall successes and failures of such
policies and efforts;
(3) a review of the investigative and prosecution activity
of the Department of Justice with respect to intellectual
property crimes, including--
(A) the number of investigations initiated related
to such crimes;
(B) the number of arrests related to such crimes;
and
(C) the number of prosecutions for such crimes,
including--
(i) the number of defendants involved in such
prosecutions;
(ii) whether the prosecution resulted in a
conviction; and
(iii) the sentence and the statutory maximum
for such crime, as well as the average sentence
imposed for such crime; and
(4) a Department-wide assessment of the staff, financial
resources, and other resources (such as time, technology, and
training) devoted to the enforcement, investigation, and
prosecution of intellectual property crimes, including the
number of investigators, prosecutors, and forensic specialists
dedicated to investigating and prosecuting intellectual property
crimes.
(c) Report of the FBI.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director of the
Federal Bureau of Investigation shall submit a report to Congress on
actions taken to carry out this title. The initial report required under
this subsection shall be submitted by May 1, 2009. All subsequent annual
reports shall be submitted by May 1st of each fiscal year thereafter.
The report required under this subsection may be submitted as part of
the annual performance report of the Department of Justice, and shall
include--
(1) a review of the policies and efforts of the Bureau
related to the prevention and investigation of intellectual
property crimes;
(2) a summary of the overall successes and failures of such
policies and efforts;
(3) a review of the investigative and prosecution activity
of the Bureau with respect to intellectual property crimes,
including--
(A) the number of investigations initiated related
to such crimes;
(B) the number of arrests related to such crimes;
and
(C) the number of prosecutions for such crimes,
including--
(i) the number of defendants involved in such
prosecutions;
[[Page 122 STAT. 4277]]
(ii) whether the prosecution resulted in a
conviction; and
(iii) the sentence and the statutory maximum
for such crime, as well as the average sentence
imposed for such crime; and
(4) a Bureau-wide assessment of the staff, financial
resources, and other resources (such as time, technology, and
training) devoted to the enforcement, investigation, and
prosecution of intellectual property crimes, including the
number of investigators, prosecutors, and forensic specialists
dedicated to investigating and prosecuting intellectual property
crimes.
(d) Initial Report of the FBI.--The first report required to be
submitted by the Director of the Federal Bureau of Investigation under
subsection (c) shall include a summary of the efforts, activities, and
resources the Federal Bureau of Investigation has allocated in the 5
years prior to the date of enactment of this Act, as well as the 1-year
period following such date of enactment to the enforcement,
investigation, and prosecution of intellectual property crimes,
including--
(1) a review of the policies and efforts of the Bureau
related to the prevention and investigation of intellectual
property crimes;
(2) a summary of the overall successes and failures of such
policies and efforts;
(3) a review of the investigative and prosecution activity
of the Bureau with respect to intellectual property crimes,
including--
(A) the number of investigations initiated related
to such crimes;
(B) the number of arrests related to such crimes;
and
(C) the number of prosecutions for such crimes,
including--
(i) the number of defendants involved in such
prosecutions;
(ii) whether the prosecution resulted in a
conviction; and
(iii) the sentence and the statutory maximum
for such crime, as well as the average sentence
imposed for such crime; and
(4) a Bureau-wide assessment of the staff, financial
resources, and other resources (such as time, technology, and
training) devoted to the enforcement, investigation, and
prosecution of intellectual property crimes, including the
number of investigators, prosecutors, and forensic specialists
dedicated to investigating and prosecuting intellectual property
crimes.
TITLE V--MISCELLANEOUS
SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF
MANUFACTURERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study to help determine how the Federal Government could
better protect the intellectual property of manufacturers by
[[Page 122 STAT. 4278]]
quantification of the impacts of imported and domestic counterfeit goods
on--
(1) the manufacturing industry in the United States; and
(2) the overall economy of the United States.
(b) Contents.--In conducting the study required under subsection
(a), the Comptroller General shall examine--
(1) the extent that counterfeit manufactured goods are
actively being trafficked in and imported into the United
States;
(2) the impacts on domestic manufacturers in the United
States of current law regarding defending intellectual property,
including patent, trademark, and copyright protections;
(3) the nature and scope of current statutory law and case
law regarding protecting trade dress from being illegally
copied;
(4) the extent which such laws are being used to investigate
and prosecute acts of trafficking in counterfeit manufactured
goods;
(5) any effective practices or procedures that are
protecting all types of intellectual property; and
(6) any changes to current statutes or rules that would need
to be implemented to more effectively protect the intellectual
property rights of manufacturers.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the results of the study required under subsection (a).
SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND EFFICIENCY.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General shall conduct an audit and submit a report to the
Committee on the Judiciary of the Senate and to the Committee on the
Judiciary of the House of Representatives on--
(1) the efforts, activities, and actions of the Intellectual
Property Enforcement Coordinator and the Attorney General in
achieving the goals and purposes of this Act, as well as in
carrying out any responsibilities or duties assigned to each
such individual or agency under this Act;
(2) any possible legislative, administrative, or regulatory
changes that Comptroller General recommends be taken by or on
behalf of the Intellectual Property Enforcement Coordinator or
the Attorney General to better achieve such goals and purposes,
and to more effectively carry out such responsibilities and
duties;
(3) the effectiveness of any actions taken and efforts made
by the Intellectual Property Enforcement Coordinator and the
Attorney General to--
(A) minimize duplicating the efforts, materials,
facilities, and procedures of any other Federal agency
responsible for the enforcement, investigation, or
prosecution of intellectual property crimes; and
(B) enhance the efficiency and consistency with
which Federal funds and resources are expended to
enforce, investigate, or prosecute intellectual property
crimes, including whether the IPEC has utilized existing
personnel, materials, technologies, and facilities, such
as the National
[[Page 122 STAT. 4279]]
Intellectual Property Rights Coordination Center
established at the Department of Homeland Security; and
(4) any actions or efforts that the Comptroller General
recommends be taken by or on behalf of the Intellectual Property
Enforcement Coordinator and the Attorney General to reduce
duplication of efforts and increase the efficiency and
consistency with which Federal funds and resources are expended
to enforce, investigate, or prosecute intellectual property
crimes.
SEC. 503. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States intellectual property industries have
created millions of high-skill, high-paying United States jobs
and pay billions of dollars in annual United States tax
revenues;
(2) the United States intellectual property industries
continue to represent a major source of creativity and
innovation, business start-ups, skilled job creation, exports,
economic growth, and competitiveness;
(3) counterfeiting and infringement results in billions of
dollars in lost revenue for United States companies each year
and even greater losses to the United States economy in terms of
reduced job growth, exports, and competitiveness;
(4) the growing number of willful violations of existing
Federal criminal laws involving counterfeiting and infringement
by actors in the United States and, increasingly, by foreign-
based individuals and entities is a serious threat to the long-
term vitality of the United States economy and the future
competitiveness of United States industry;
(5) terrorists and organized crime utilize piracy,
counterfeiting, and infringement to fund some of their
activities;
(6) effective criminal enforcement of the intellectual
property laws against violations in all categories of works
should be among the highest priorities of the Attorney General;
(7) with respect to all crimes related to the theft of
intellectual property, the Attorney General shall give priority
to cases with a nexus to terrorism and organized crime; and
(8) with respect to criminal counterfeiting and infringement
of computer software, including those by foreign-owned or
foreign-controlled entities, the Attorney General should give
priority to cases--
(A) involving the willful theft of intellectual
property for purposes of commercial advantage or private
financial gain;
(B) where the theft of intellectual property is
central to the sustainability and viability of the
commercial activity of the enterprise (or subsidiary)
involved in the violation;
(C) where the counterfeited or infringing goods or
services enables the enterprise to unfairly compete
against the legitimate rights holder; or
[[Page 122 STAT. 4280]]
(D) where there is actual knowledge of the theft of
intellectual property by the directors or officers of
the enterprise.
Approved October 13, 2008.
LEGISLATIVE HISTORY--S. 3325:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 26, considered and passed Senate.
Sept. 27, 28, considered and passed House.
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