S. 3325 (110^th): Prioritizing Resources and Organization for Intellectual Property Act of 2008

in subsection (b)—

in subsection (c)—

in the section heading, by inserting civil before infringement;

in subsection (a)—

by redesignating subsection (b) as subsection (c);

in subsection (c), as so redesignated by paragraph (3), by striking 506 and sections 509 and and inserting 505 and section; and

by inserting after subsection (a) the following:

Section 412 of title 17, United States Code, is amended by striking 411(b) and inserting 411(c).

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:

by striking and of all plates and inserting , of all plates; and

by striking the period and inserting , and of records documenting the manufacture, sale, or receipt of things involved in such violation. The court shall enter, if appropriate, a protective order with respect to discovery of any records that have been seized. The protective order shall provide for appropriate procedures to ensure that confidential information contained in such records is not improperly disclosed to any party..

by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving such subparagraphs 2 ems to the right;

by striking (a) and inserting

by striking This subsection does not apply to— and inserting the following:

in paragraph (3)(A) (as redesignated by this subsection) by inserting or exportation after importation; and

in paragraph (3)(B) (as redesignated by this subsection)—

Section 602 of title 17, United States Code, is further amended—

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.

The item relating to chapter 6 in the table of chapters for title 17, United States Code, is amended to read as follows:

Repeal

Section 509 of title 17, United States Code, is repealed.

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.

in subsection (a)—

Section 109 (b)(4) of title 17, United States Code, is amended by striking 505, and 509 and inserting and 505.

Section 111 of title 17, United States Code, is amended—

Section 115(c) of title 17, United States Code, is amended—

Section 119(a) of title 17, United States Code, is amended—

Section 122 of title 17, United States Code, is amended—

Section 411(b) of title 17, United States Code, is amended by striking sections 509 and 510 and inserting section 510.

In general

The IPEC shall—

Limitation on authority

The IPEC may not control or direct any law enforcement agency in the exercise of its investigative or prosecutorial authority.

Advisory committee

Reducing counterfeit and piratedinfringed goods in the domestic and international supply chain.

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 piratedinfringed goods.

Ensuring that information is identified and shared among the relevant departments and agencies, to the extent permitted by law and consistent with law enforcement protocols for handling 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 piratedinfringed goods.

Disrupting and eliminating domestic and international counterfeiting and piracyinfringement networks.

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 piratedinfringed goods.

Working with other countries to establish international standards and policies for the effective protection and enforcement of intellectual property rights.

Protecting intellectual property rights overseas by—

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 401(b)(3) who are involved in intellectual property enforcement; and

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 401(b)(3).

designate personnel with expertise and experience in intellectual property enforcement matters to work with the IPEC and other members of the advisory committee; and

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 piracyinfringement, and plans for addressing the joint strategic plan.

A detailed 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.

A detailed description of the means and methods to be employed to achieve the priorities, including the means and methods for improving the efficiency and effectiveness of the Federal Government’s enforcement efforts against counterfeiting and piracyinfringement.

Estimates of the resources necessary to fulfill the priorities identified under paragraph (1).

The performance measures to be used to monitor results under the joint strategic plan during the following year.

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 piracyinfringement.

An identification of the departments and agencies that will be involved in implementing each priority under paragraph (1).

A strategy for ensuring coordination between the IPEC and the departments and agencies identified under paragraph (6), including a process for oversight by the executive branch of, and accountability among, the departments and agencies responsible for carrying out the strategy.

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 piracyinfringement, 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.

seek to enhance the efficiency and consistency with which Federal resources are expended, and seek to minimize duplication, overlap, or inconsistency of efforts;

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 piratedinfringed 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;

in identifying the priorities under paragraph (2), be guided by the list of countries identified by the United States Trade Representative under section 182(a) of the Trade Act of 1974 (19 U.S.C. 2242(a)); and

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 piracyinfringement.

The progress made on implementing the strategic plan and on the progress toward fulfillment of the priorities identified under section 403(e)(1).

The progress made in efforts to encourage Federal, State, and local government departments and agencies to accord higher priority to intellectual property enforcement.

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 piratedinfringed goods.

The manner in which the relevant departments and agencies are working together and sharing information to strengthen intellectual property enforcement.

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 401(b)(3).

Recommendations 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 piracyinfringement and otherwise strengthen intellectual property enforcement, including through the elimination or consolidation of duplicative programs or initiatives.

The progress made in strengthening the capacity of countries to protect and enforce intellectual property rights.

The successes and challenges in sharing with other countries information relating to intellectual property enforcement.

The progress made under trade agreements and treaties to protect intellectual property rights of United States persons and their licensees.

Repeal 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.

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.

the investigation and prosecution of violations of laws that protect intellectual property rights;

the administrative enforcement, at the borders of the United States, of laws that protect intellectual property rights; or

the United States trade agreements program or international trade.

in subsection (b), by inserting after computer crime each place it appears the following: , including infringement of copyrighted works over the Internet; and

in subsection (e)(1), relating to authorization of appropriations, by striking fiscal years 2001 through 2004 and inserting fiscal years 2009 through 2013.

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-piracy, 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:

Eligibility

To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General—

Matching funds

The Federal share of an IP–TIC grant may not exceed 9075 percent of the costs of the program or proposal funded by the IP–TIC grant, unless the Attorney General waives, in whole or in part, the 90 percent requirement.

Authorization of appropriations

create an operational unit of the Federal Bureau of Investigation—

ensure that any unit in the Department of Justice responsible for investigating computer hacking or intellectual property crimes is assignedsupported by at least 2 agents of the Federal Bureau of Investigation (in addition to any agent assigned tosupporting 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; and

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

implement a comprehensive program—

Authorization

In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2009 through 2013—

Availability

Any amounts appropriated under paragraph (1) shall remain available until expended.

hire and train law enforcement officers to—

procure advanced tools of forensic science to investigate, prosecute, and study such crimes.

Acting as liaison with foreign law enforcement agencies and other foreign officials in criminal matters involving intellectual property rights.

Performing outreach and training to build the enforcement capacity of foreign governments against intellectual property-related crime in the regions in which the coordinators serve.

CoordinatingAssisting in the coordination of United States law enforcement activities against intellectual property-related crimes in the regions in which the coordinators serve.

the manufacturing industry in the United States; and

the overall economy of the United States.

the extent that counterfeit manufactured goods are actively being trafficked in and imported into the United States;

the impacts on domestic manufacturers in the United States of current law regarding defending intellectual property, including patent, trademark, and copyright protections;

the nature and scope of current statutory law and case law regarding protecting trade dress from being illegally copied;

the extent which such laws are being used to investigate and prosecute acts of trafficking in counterfeit manufactured goods;

any effective practices or procedures that are protecting all types of intellectual property; and

any changes to current statutes or rules that would need to be implemented to more effectively protect the intellectual property rights of manufacturers.