WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/USA/E/1 
18 June 2009 
 (09-3002) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UNITED STATES 
 
 The present document reproduces the text
1 of the legislation enacted by the US Congress that 
relates to Intellectual Property, entitled "Prioritiz ing Resources and Organization for Intellectual 
Property Act 2008", as notified by the United Stat es under Article 63.2 of the Agreement in a 
communication dated 5 June 2009. 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ÉTATS-UNIS 
 
 Le présent document contient le texte1 de la législation adoptée par le Congrès des États-Unis 
qui porte sur la propriété intellectuelle et qui est intitulée "Loi de 2008 sur l'octroi de moyens 
supplémentaires aux fins de la prot ection de la propriété intellectuelle ", notifiée par les États-Unis au 
titre de l'article 63:2 de l'Accord dans une communication datée du 5  juin 2009.   
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESTADOS UNIDOS 
 
 En el presente documento se reproduce el texto
1 de la legislación prom ulgada por el Congreso 
de los Estados Unidos en relación con la propiedad intelectual y titulada "Ley de 2008 por la que se 
establece la prioridad de los recursos y la orga nización con respecto a la propiedad intelectual", 
notificada por los Estados Unidos en virtud de l párrafo 2 del artículo 63 del Acuerdo en una 
comunicación de fecha 5 de junio de 2009.   
                                                      
 1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/USA/E/1 
 Page 3 
 
 
   
 
PUBLIC LAW 110–403—OCT. 13, 2008 
 
 
 
    
 
    
 
 
 
PRIORITIZING RESOURCES AND 
ORGANIZATION FOR INTELLECTUAL 
PROPERTY ACT OF 2008 
 
 IP/N/1/USA/E/1 
Page 4  
 
  E:\PUBLAW\PUBL403.110 PUBL403 kgrant on POHRRP4G1 with PUBLAW 
 
 
 
  
 
Oct. 13, 2008 [S. 3325] 
 Public Law 110–403 
110th Congress   
An Act 
 
To enhance remedies for violations of intellectual property 
laws, and for other purposes. 
  
 
Prioritizing 
Resources and 
Organization for Intellectual Property 
Act of 2008. 
 
 
  
 
 15 USC 8101 
note. 
  Be it enacted by the Senate and House of 
Representatives of the United States of America in Congress assembled, 
 
SECTION 1.  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 count erfeit 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.   IP/N/1/USA/E/1 
 Page 5 
 
 
    
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. 
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 en titled ‘‘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. 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  
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
15 USC 1801.  
 
  (3) any foreign subsidiary or affiliate (including 
any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern,  
  IP/N/1/USA/E/1 
Page 6  
 
  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 h eading, 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 whic h inaccurate information 
described under paragraph (1) is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate informa tion, if known, would have 
caused the Register of Copyrights to refuse registration.  ‘‘(3) Nothing in this subsection shall affect any 
rights, obligations, or requirem ents 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 st riking ‘‘411(b)’’ and inserting 
 ‘‘411(c)’’.  
   IP/N/1/USA/E/1 
 Page 7 
 
 
    (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.’’. 
 
 
 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
Records. 
Protective order.  SEC. 102.  CIVIL REMEDIES FOR    
    I N F R I N G E M E N T .   
 (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 orde red 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 re ferences 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  IP/N/1/USA/E/1 
Page 8  
 
  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.’’. 
 
 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 in terest rate established under 
section 6621(a)(2) of the Inte rnal 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’’.    IP/N/1/USA/E/1 
 Page 9 
 
 
   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 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  IP/N/1/USA/E/1 
Page 10  
 
  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   
     I N F R I N G E M E N T .  
 
 (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 reme dies 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— 
  (1) in subsection (a)— 
   (A) by redesigna ting 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’’;   IP/N/1/USA/E/1 
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    (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) 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.’’.   
  
 
  
 
  
 
Regulations.  
 
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.—  IP/N/1/USA/E/1 
Page 12  
 
      ‘‘(A) SERIOUS BODILY HARM.—If the 
offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of pa ragraph (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 pa ragraph (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, sha ll 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 regist ration 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: 
  
Court orders. 
 ‘‘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).   IP/N/1/USA/E/1 
 Page 13 
 
 
      ‘‘(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).  
 
 
 
 
Protective order.    ‘‘(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 a ny 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 cons isting 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.  IP/N/1/USA/E/1 
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    ‘‘(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)—     (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. 
   IP/N/1/USA/E/1 
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   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’’.   IP/N/1/USA/E/1 
Page 16  
 
   TITLE III—COORDINATION AND STRATEGIC 
PLANNING OF FEDERAL EFFORT 
AGAINST COUNTERFEITING 
AND INFRINGEMENT 
  
15 USC 8111. 
  
President. 
Appointments.  SEC. 301.  INTELLECTUAL PROPERTY   
    ENFORCEMENT COORDINATOR.  
 (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 c onsistency with other 
law; 
   (E) report to the President and report to 
Congress, to the extent consistent with law, regarding domestic and in ternational 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. 
 
   
  
  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
Reports. 
  
 
 Reports. 
Recommendations. 
  IP/N/1/USA/E/1 
 Page 17 
 
 
     (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.  
Strategic plan. 
     (B) FUNCTIONS.—The advisory committee 
established under subparagr aph (A) shall develop 
the Joint Strategic Plan against counterfeiting and infringement under section 303.  IP/N/1/USA/E/1 
Page 18  
 
   
15 USC 8112. 
 SEC. 302. 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. 
  
15 USC 8113. 
 SEC. 303. 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.   
    (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,   IP/N/1/USA/E/1 
 Page 19 
 
 
  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 pr ovided to appropriate 
United States law enforcement agencies in order to assist, as warranted, enforcement activities in cooperation with appropr iate 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. Deadlines. 
 
  (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, th e 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  
 
  
 
 
 
  
 
Designations.  IP/N/1/USA/E/1 
Page 20  
 
  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 activiti es 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.   IP/N/1/USA/E/1 
 Page 21 
 
 
    (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, over lap, 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.  Web site. 
Public 
information. 
 
 SEC. 304. 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 annual report shall be 
submitted to Congress, and disse minated 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). 
  15 USC 8114. 
  
 
 Public 
information. 
 IP/N/1/USA/E/1 
Page 22  
 
     (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. 
    IP/N/1/USA/E/1 
 Page 23 
 
 
  15 USC 8115. 
  
Effective date. 
Publication.  SEC. 305. SAVINGS AND REPEALS. 
 
 (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 en forcement department or 
agency. 
  
15 USC 8116. 
 SEC. 306. 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.    IP/N/1/USA/E/1 
Page 24  
 
   TITLE IV—DEPARTMENT OF JUSTICE 
PROGRAMS 
 
SEC. 401. 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:   
  
42 USC 3713a. 
 
 
   (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 antiinfringement, 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   IP/N/1/USA/E/1 
 Page 25 
 
 
  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);  
Assessments. 
  
 
  
 
  
Plans. 
     (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.  IP/N/1/USA/E/1 
Page 26  
 
   
42 USC 3713b. 
 SEC. 402.  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 coordi nation 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 A ttorneys 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  
 
 
  
 
  
 
  
Deadline. 
  IP/N/1/USA/E/1 
 Page 27 
 
 
  implement a comprehensive, longrange 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.  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— 42 USC 3713c. 
 
     (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 paragr aph (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 Fede ral 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. 
  IP/N/1/USA/E/1 
Page 28  
 
  42 USC 3713d. 
 SEC. 404. 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 re quired 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:   
Grants. 
   (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   IP/N/1/USA/E/1 
 Page 29 
 
 
  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 rele vant 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  IP/N/1/USA/E/1 
Page 30  
 
  (such as time, technology, and training) devoted 
to the enforcement, inv estigation, 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;   IP/N/1/USA/E/1 
 Page 31 
 
 
       (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 report s 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.  IP/N/1/USA/E/1 
Page 32  
 
   (d) INITIAL REPORT OF THE FBI.—The first 
report required to be submitted by the Director of the Federal Bureau of Investiga tion 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 enact ment 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  quantification of the impacts of imported a nd domestic counterfeit goods 
on—   (1) the manufacturing industry in the United 
States; and    IP/N/1/USA/E/1 
 Page 33 
 
 
    (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 curre nt 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  IP/N/1/USA/E/1 
Page 34  
 
  to— 
    (A) minimize duplicating the efforts, 
materials, facilities, and procedures of any other Federal agency responsibl e 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 effo rts 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 foreignbased individuals and entities is a serious threat to the longterm 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   IP/N/1/USA/E/1 
 Page 35 
 
 
  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. 
  
Approved October 13, 2008. 
 
  
  
     
 
    
 
LEGISLATIVE HISTORY
—S. 3325: 
CONGRESSIONAL RECORD, Vol. 154 (2008):  Sept. 26, considered and passed Senate.  Sept. 27, 28, considered and passed House. 
 
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