5/8/2008--Passed House amended.
Prioritizing Resources and Organization for Intellectual Property Act of 2008 -
Title
I
-
Enhancements to Civil Intellectual Property Laws
Section
101
-
Amends federal copyright law to: (1) provide a safe harbor for
copyright registrations that contain inaccurate information, unless
there was knowledge of the inaccurate information and the inaccuracy of
the information, if known, would have caused the Register of Copyrights
to refuse registration; (2) provide that copyright registration
requirements apply to civil (not criminal) infringement actions; and
(3) require courts to issue protective orders to prevent disclosure of
seized records relating to copyright infringement.
Section
104
-
Broadens the trademark infringement situations in which treble damages
are allowed to include: (1) intentionally inducing another to violate a
trademark; and (2) providing goods and services necessary to the
commission of a violation with the intent that they be used in the
violation. Doubles the minimum and maximum statutory damage limits for
trademark infringement.
Section
106
-
Prohibits the importing (current law), as well as the exporting, of infringing copies of copyrighted works.
Title
II
-
Enhancements to Criminal Intellectual Property Laws
Section
201
-
Amends the federal criminal code with respect to intellectual property
to: (1) revise criminal penalties for infringement of a copyright by
permitting repeat felony violations to be interchangeable, for
trafficking in counterfeit labels or packaging, and for causing serious
bodily harm or death while trafficking in counterfeit goods or
services; and (2) revise current civil and criminal forfeiture
provisions for copyright infringement, as well as add new restitution
and forfeiture provisions.
Section
203
-
Authorizes the United States Sentencing Commission to amend certain
federal sentencing guidelines and policy statements regarding whether a
defendant should receive an upward adjustment in the offense level on
the grounds that exportation introduces infringing items into the
stream of foreign commerce in a manner analogous to the manner in which
manufacturing, importing, and uploading such items introduces them into
the stream of commerce.
Title
III
-
Coordination and Strategic Planning of Federal Effort Against Counterfeiting and Piracy
Subtitle
A
-
Office of the United States Intellectual Property Enforcement Representative
Section
301
-
Establishes within the Executive Office of the President the Office of
the United States Intellectual Property Enforcement Representative (IP
Enforcement Representative) to formulate a Joint Strategic Plan for
combating counterfeiting and piracy of intellectual property and for
coordinating national and international enforcement efforts to protect
intellectual property rights. Prohibits the IP Enforcement
Representative from controlling or directing any law enforcement agency
in the exercise of its investigative or prosecutorial authority in
particular cases. Establishes an interagency intellectual property
enforcement advisory committee to develop the Joint Strategic Plan
against counterfeiting and piracy under subtitle B of this title.
Subtitle
B
-
Joint Strategic Plan
Section
321
-
Requires the IP Enforcement Representative to submit a Joint Strategic
Plan against counterfeiting and piracy to the President and specified
congressional committees every three years. Requires that the plan
include programs to provide training and technical assistance to
foreign governments to enhance those governments' efforts to enforce
counterfeiting and piracy laws.
Section
322
-
Requires an annual report on the Office's activities to the President, Congress, and the people of the United States.
Section
323
-
Repeals provisions establishing the National Intellectual Property Law Enforcement Coordination Council.
Section
324
-
Authorizes appropriations to carry out this title.
Title
IV
-
International Enforcement and Coordination
Section
401
-
Directs the Under Secretary of Commerce for Intellectual Property and
the Director of the U.S. Patent and Trademark Office (USPTO) to appoint
at least 10 additional intellectual property attaches to work with
foreign countries to combat counterfeiting and piracy of intellectual
property. Sets forth provisions providing for the duties, assignment,
and training of such attaches.
Section
404
-
Requires the Department of Commerce's Inspector General to perform
yearly audits of the intellectual property attaches and report to the
House and Senate judiciary committees on the audit results, including
regarding activities and effectiveness.
Section
405
-
Authorizes appropriations for the training and support of the
intellectual property attaches appointed under this title and of other
Department of Commerce intellectual property attaches.
Title
V
-
Department of Justice Programs
Subtitle
A
-
Coordination
Section
501
-
Establishes within the Department of Justice (DOJ) the Intellectual
Property Enforcement Division to be headed by an Intellectual Property
Enforcement Officer (IP Officer).
Transfers
to the Intellectual Property Enforcement Division the functions of the
Computer Crime and Intellectual Property Section of the Criminal
Division of the Department of Justice that relate to the enforcement of
criminal laws regarding intellectual property rights and trade secrets.
Requires that the Intellectual Property Law Enforcement Coordinators of
the Department of Justice to whom this title applies also be in the
Intellectual Property Enforcement Division.
Subtitle
B
-
Law Enforcement Resources
Section
511
-
Amends the Computer Crime Enforcement Act to: (1) modify grant programs
for combating computer crime to include infringement of copyrighted
works over the Internet; and (2) authorize appropriations for the
grants.
Directs
the Office of Justice Programs of DOJ to make grants to state and local
law enforcement agencies to combat intellectual property theft and
infringement crimes. Authorizes appropriations.
Section
512
-
Directs the Attorney General to: (1) review Computer Hacking and
Intellectual Property (CHIP) units, provide such units with additional
support and resources, and coordinate unit activities with
corresponding state and local activities; and (2) direct each U.S.
attorney to review policies for accepting or declining prosecutions of
criminal cases involving intellectual property law violation.
Section
514
-
Authorizes appropriations to carry out this subtitle.
Subtitle
C
-
International Activities
Section
521
-
Directs the Attorney General to deploy five additional Intellectual
Property Law Enforcement Coordinators in foreign countries to protect
the intellectual property rights of U.S. citizens. Authorizes
appropriations.
Section
522
-
Directs the Attorney General to increase DOJ training and assistance to
foreign governments to combat counterfeiting and piracy of intellectual
property. Authorizes appropriations.
Subtitle
D
-
Coordination, Implementation, and Reporting
Section
531
-
Requires the IP Officer to ensure that activities undertaken under this
title are carried out in a way consistent with the Joint Strategic
Plan.
Section
532
-
Directs the Attorney General to report to the House and Senate
judiciary committees on actions taken to carry out this title,
including regarding the IP Officer's activities.
