[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3325 Enrolled Bill (ENR)]
S.3325
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To enhance remedies for violations of intellectual property laws, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

0e539bac434aff581300c314edd1f04fdc1868935a1cf459f55cbfb4708b3b71

(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:

9767cf0d8b5e7ca49ab9d54817c0addcda3948af165599209abe721b495bdf67

counterfeit documentation or packaging for works that can be
copyrighted.

d41217fb3a01a3683d39626175a8c6fb1f7ab94bd1e11113ca3d611a72a5e4ef

TITLE II

-ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

5990310e6905ea81bcbc176e756f2d106b67c570906ec6c60d8b0c88ca2a7265

of laws related to intellectual property crimes.

5c65496f8b95eceb12614f60fd6167ed9c771ba6347b2f4b5cc9892f8910cf96

TITLE IV

-DEPARTMENT OF JUSTICE PROGRAMS

intellectual property crimes and other criminal activity
involving computers.

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a0a6d31f3454c7ad4b0bb28a593b3e9294131ea9796c115277810451314d9c35

TITLE V

-MISCELLANEOUS

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.).

a84369a956c6533c18694b703007ca4ee3cb579014c3534eaaecac9cf4b6d992

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).

96dc105256e48cf3bc480f68d13e129806f724d8d4bdd1e61d6a464579da623b

(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 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.''.

989ee5997ca29c166f6fb19ee7f725766c86cfd38649682d42aa51918d3ece0b

TITLE I

-ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

(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) 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.''.

c2f8483a083dfb38b8dcea781099ecfb417b6210af1978cfbc4ac497867d75f3

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.''.

d668532224edcf4f51ad01a676f249d368e3caf711caa1a0d70cc2cafddfa560

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''.

091f02eb19796922b7c761230d1db6425e33df046db0485f5e3e2842e3c6adb2

(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 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''.

1628af0ebb89e34051b57e1f55fbff75d1404b746f5be4c545c4d98b847b0b68

(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.

3e59f5e2177238ad9e8ba71deb0b28102ef5a9826ae1919ccf6fe23d8511242c

COUNTERFEIT DOCUMENTATION OR PACKAGING FOR WORKS THAT CAN BE
COPYRIGHTED.
Section 2318 of title 18, United States Code, is amended--
(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).

1a7d9ea9bbc9f383e192e62ec1c9bb7d3dc64be8bb221906554afba760c5462f

(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) 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.''.

60d6ec00490c6587a7a294fae990ff999faba15209f70c77f90fe6394f6d7aa0

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.''.

18c5fece514118e6bb3ec36989be2f809bf4334643b9454af744e06a6e026da6

(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.
``(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.''.

27609a0c33126791eeafbb2f0f0c9fe4ea87f87da1d6a9752bf4d0505e3fc924

(a) In General.--Chapter 113 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 2323. 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. 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 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.''.

79a9284869193d58a1ac4ea9422f9b0b048e45fba2fe2166df79c8a321bf682f

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.''.

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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)--
(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.

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(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''.
AGAINST COUNTERFEITING AND INFRINGEMENT

19712a194a41aa45c46687252b96d06c7d0b49d8fb68e0007fc9bab042188570

(a) Intellectual Property Enforcement Coordinator.--The President
shall appoint, by and with the advice and consent 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) report to the President and report to Congress, to the
extent consistent with law, regarding domestic and
international intellectual property enforcement programs;
(F) 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 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 advisory committee established under
subparagraph (A) shall develop the Joint Strategic Plan against
counterfeiting and infringement under section 303.

0edee71a7e958be71cdaae121756656edd8098b66803f2d1a667fd02a424234c

TITLE III

-COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT

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.

4bac56e969f91133a8eb515f74d9a84d9f6a22d6d43aa71c3fbd704f422fcde9

(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.
(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 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) 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 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
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 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.

2c447b51394793c090f71d0510910c106426bb425b0feda79cafbfcff47ed8e9

(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 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.
(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.

d2302243224f3a36790d279de166873792ec42383177e01fd6edab5a353320c3

(a) Transition From NIPLECC to IPEC.--
(1) 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.
(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.

5208189658432f34dbf95bcc08d69b555e3873dc158fdaaa1509417cff4ad49b

(a) In General.--There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out this title.

56db79ec4a58671a52662e1dac8dfbd349f323951c7c007e1dee9953bd472ed2

(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
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) 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 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.

a858d6eee8893add5f993d576e379c0b1102d8daf0da7091b73b45741df9e211

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
(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 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.

2c7558b34d86072a0ec5412cfb597071ed0c5af079ee3fc5efb8f37467cef324

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.

eb305088a378f0b17b50dabcf9145944e84bd65b7c41ce2f0bd548d83aa4da82

(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) 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.
(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--
(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;
(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.

da27fd6477880b45ced2484e7643b57ae392caa1da27d5cbab7a642981fba1be

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
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).

6a76447982139acdfe712b44e7f68149f566229052f6c48a50a1a161d06230a7

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
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.

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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
(D) where there is actual knowledge of the theft of
intellectual property by the directors or officers of the
enterprise.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Prioritizing Resources and Organization for Intellectual Property Act of 2008 — S. 3325

Other Sections

TITLE II

TITLE IV

TITLE V

TITLE I

TITLE III

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