PUBLIC LAW 110–403—OCT. 13, 2008 

PRIORITIZING RESOURCES AND 

ORGANIZATION FOR INTELLECTUAL 

PROPERTY ACT OF 2008 


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122 STAT. 4256 PUBLIC LAW 110–403—OCT. 13, 2008 

Public Law 110–403 

110th Congress 

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, 

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 counterfeit labels, illicit labels, or counterfeit documentation or packaging for works that can be copyrighted. Sec. 203. Unauthorized fixation. 

Sec. 204. Unauthorized recording of motion pictures. 

Sec. 205. Trafficking in counterfeit goods or services. 

Sec. 206. Forfeiture, destruction, and restitution. 

Sec. 207. Forfeiture under Economic Espionage Act. 

Sec. 208. Criminal infringement of a copyright. 

Sec. 209. Technical and conforming amendments. 

TITLE III—COORDINATION AND STRATEGIC PLANNING OF FEDERAL 

EFFORT AGAINST COUNTERFEITING AND INFRINGEMENT 

Sec. 301. Intellectual Property Enforcement Coordinator. 

Sec. 302. Definition. 

Sec. 303. Joint strategic plan. 

Sec. 304. Reporting. 

Sec. 305. Savings and repeals. 

Sec. 306. Authorization of appropriations. 

TITLE IV—DEPARTMENT OF JUSTICE PROGRAMS 

Sec. 401. Local law enforcement grants. 

Sec. 402. Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes. 

Sec. 403. Additional funding for resources to investigate and prosecute intellectual 

property crimes and other criminal activity involving computers. 

Sec. 404. Annual reports. 

TITLE V—MISCELLANEOUS 

Sec. 501. GAO study on protection of intellectual property of manufacturers. 

15 USC 8101 

note. 

Prioritizing 

Resources and 

Organization for 

Intellectual 

Property Act of 

2008. 

Oct. 13, 2008 

[S. 3325] 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4257 

Sec. 502. GAO audit and report on nonduplication and efficiency. 

Sec. 503. Sense of Congress. 

SEC. 2. REFERENCE. 

Any reference in this Act to the ‘‘Trademark Act of 1946’’ 

refers to the Act entitled ‘‘An Act to provide for the registration 

of trademarks used in commerce, to carry out the provisions of 

certain international conventions, and for other purposes’’, approved 

July 5, 1946 (15 U.S.C. 1051 et seq.). 

SEC. 3. DEFINITION. 

In this Act, the term ‘‘United States person’’ means— 

(1) any United States resident or national, 

(2) any domestic concern (including any permanent 

domestic establishment of any foreign concern), and 

(3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is 

controlled in fact by such domestic concern, 

except that such term does not include an individual who resides 

outside the United States and is employed by an individual or 

entity other than an individual or entity described in paragraph 

(1), (2), or (3). 

TITLE I—ENHANCEMENTS TO CIVIL 

INTELLECTUAL PROPERTY LAWS 

SEC. 101. REGISTRATION OF CLAIM. 

(a) LIMITATION TO CIVIL ACTIONS; HARMLESS ERROR.—Section 

411 of title 17, United States Code, is amended— 

(1) in the section heading, by inserting ‘‘CIVIL’’ before 

‘‘INFRINGEMENT’’; 

(2) in subsection (a)— 

(A) in the first sentence, by striking ‘‘no action’’ and 

inserting ‘‘no civil action’’; and 

(B) in the second sentence, by striking ‘‘an action’’ 

and inserting ‘‘a civil action’’; 

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

(4) in subsection (c), as so redesignated by paragraph (3), 

by striking ‘‘506 and sections 509 and’’ and inserting ‘‘505 

and section’’; and 

(5) by inserting after subsection (a) the following: 

‘‘(b)(1) A certificate of registration satisfies the requirements 

of this section and section 412, regardless of whether the certificate 

contains any inaccurate information, unless— 

‘‘(A) the inaccurate information was included on the 

application for copyright registration with knowledge that it 

was inaccurate; and 

‘‘(B) the inaccuracy of the information, if known, would 

have caused the Register of Copyrights to refuse registration. 

‘‘(2) In any case in which inaccurate information described 

under paragraph (1) is alleged, the court shall request the Register 

of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to 

refuse registration. 

‘‘(3) Nothing in this subsection shall affect any rights, obligations, or requirements of a person related to information contained 

15 USC 1801. 


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122 STAT. 4258 PUBLIC LAW 110–403—OCT. 13, 2008 

in a registration certificate, except for the institution of and remedies in infringement actions under this section and section 412.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) Section 412 of title 17, United States Code, is amended 

by striking ‘‘411(b)’’ and inserting ‘‘411(c)’’. 

(2) The item relating to section 411 in the table of sections 

for chapter 4 of title 17, United States Code, is amended to 

read as follows: 

‘‘Sec. 411. Registration and civil infringement actions.’’. 

SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT. 

(a) IN GENERAL.—Section 503(a) of title 17, United States Code, 

is amended to read as follows: 

‘‘(a)(1) At any time while an action under this title is pending, 

the court may order the impounding, on such terms as it may 

deem reasonable— 

‘‘(A) of all copies or phonorecords claimed to have been 

made or used in violation of the exclusive right of the copyright 

owner; 

‘‘(B) of all plates, molds, matrices, masters, tapes, film 

negatives, or other articles by means of which such copies 

of phonorecords may be reproduced; and 

‘‘(C) of records documenting the manufacture, sale, or 

receipt of things involved in any such violation, provided that 

any records seized under this subparagraph shall be taken 

into the custody of the court. 

‘‘(2) 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.’’. 

Records. 

Protective order. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4259 

SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES. 

Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) 

is amended to read as follows: 

‘‘(b) In assessing damages under subsection (a) for any violation 

of section 32(1)(a) of this Act or section 220506 of title 36, United 

States Code, in a case involving use of a counterfeit mark or 

designation (as defined in section 34(d) of this Act), the court 

shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever amount 

is greater, together with a reasonable attorney’s fee, if the violation 

consists of— 

‘‘(1) intentionally using a mark or designation, knowing 

such mark or designation is a counterfeit mark (as defined 

in section 34(d) of this Act), in connection with the sale, offering 

for sale, or distribution of goods or services; or 

‘‘(2) providing goods or services necessary to the commission 

of a violation specified in paragraph (1), with the intent that 

the recipient of the goods or services would put the goods 

or services to use in committing the violation. 

In such a case, the court may award prejudgment interest on 

such amount at an annual interest rate established under section 

6621(a)(2) of the Internal Revenue Code of 1986, beginning on 

the date of the service of the claimant’s pleadings setting forth 

the claim for such entry of judgment and ending on the date 

such entry is made, or for such shorter time as the court considers 

appropriate.’’. 

SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES. 

Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) 

is amended— 

(1) in paragraph (1)— (A) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; and 

(B) by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’; 

and 

(2) in paragraph (2), by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. 

SEC. 105. IMPORTATION AND EXPORTATION. 

(a) IN GENERAL.—The heading for chapter 6 of title 17, United 

States Code, is amended to read as follows: 

‘‘CHAPTER 6—MANUFACTURING REQUIREMENTS, 

IMPORTATION, AND EXPORTATION’’. 

(b) AMENDMENT ON EXPORTATION.—Section 602(a) of title 17, 

United States Code, is amended— 

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

(2) by striking ‘‘(a)’’ and inserting ‘‘(a) INFRINGING IMPORTATION OR EXPORTATION.— 

‘‘(1) IMPORTATION.—’’; 

(3) by striking ‘‘This subsection does not apply to—’’ and 

inserting the following: 

‘‘(2) IMPORTATION OR EXPORTATION OF INFRINGING ITEMS.— 

Importation into the United States or exportation from the 

United States, without the authority of the owner of copyright 

under this title, of copies or phonorecords, the making of which 


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122 STAT. 4260 PUBLIC LAW 110–403—OCT. 13, 2008 

either constituted an infringement of copyright, or which would 

have constituted an infringement of copyright if this title had 

been applicable, is an infringement of the exclusive right to 

distribute copies or phonorecords under section 106, actionable 

under sections 501 and 506. 

‘‘(3) EXCEPTIONS.—This subsection does not apply to—’’; 

(4) in paragraph (3)(A) (as redesignated by this subsection) 

by inserting ‘‘or exportation’’ after ‘‘importation’’; and 

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

(A) by striking ‘‘importation, for the private use of 

the importer’’ and inserting ‘‘importation or exportation, 

for the private use of the importer or exporter’’; and 

(B) by inserting ‘‘or departing from the United States’’ 

after ‘‘United States’’. 

(c) CONFORMING AMENDMENTS.—(1) Section 602 of title 17, 

United States Code, is further amended— 

(A) in the section heading, by inserting ‘‘or exportation’’ 

after ‘‘importation’’; and 

(B) in subsection (b)— 

(i) by striking ‘‘(b) In a case’’ and inserting ‘‘(b) IMPORT

PROHIBITION.—In a case’’; 

(ii) by striking ‘‘the United States Customs Service’’ 

and inserting ‘‘United States Customs and Border Protection’’; and 

(iii) by striking ‘‘the Customs Service’’ and inserting 

‘‘United States Customs and Border Protection’’. 

(2) Section 601(b)(2) of title 17, United States Code, is amended 

by striking ‘‘the United States Customs Service’’ and inserting 

‘‘United States Customs and Border Protection’’. 

(3) The item relating to chapter 6 in the table of chapters 

for title 17, United States Code, is amended to read as follows: 

‘‘6. MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION ........ 601’’. 

TITLE II—ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS 

SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT. 

(a) FORFEITURE AND DESTRUCTION; RESTITUTION.—Section 

506(b) of title 17, United States Code, is amended to read as 

follows: 

‘‘(b) FORFEITURE, DESTRUCTION, AND RESTITUTION.—Forfeiture, 

destruction, and restitution relating to this section shall be subject 

to section 2323 of title 18, to the extent provided in that section, 

in addition to any other similar remedies provided by law.’’. 

(b) SEIZURES AND FORFEITURES.— (1) REPEAL.—Section 509 of title 17, United States Code, 

is repealed. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for chapter 5 of title 17, United States Code, is 

amended by striking the item relating to section 509. 

SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, 

OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR 

WORKS THAT CAN BE COPYRIGHTED. 

Section 2318 of title 18, United States Code, is amended— 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4261 

(1) in subsection (a)— 

(A) by redesignating subparagraphs (A) through (G) 

as clauses (i) through (vii), respectively; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and 

(C) by striking ‘‘Whoever’’ and inserting ‘‘(1) Whoever’’; 

(2) by amending subsection (d) to read as follows: 

‘‘(d) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITU- TION.—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.’’. 

SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES. 

Section 2319B(b) of title 18, United States Code, is amended 

to read as follows: 

‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in 

that section, in addition to any other similar remedies provided 

by law.’’. 

SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES. 

(a) IN GENERAL.—Section 2320 of title 18, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘WHOEVER’’ and inserting ‘‘OFFENSE.— 

’’ 

‘‘(1) IN GENERAL.—Whoever;’’; 

(B) by moving the remaining text 2 ems to the right; 

and 

(C) by adding at the end the following: 

‘‘(2) SERIOUS BODILY HARM OR DEATH.— 

‘‘(A) SERIOUS BODILY HARM.—If the offender knowingly 

or recklessly causes or attempts to cause serious bodily 

injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for 

not more than 20 years, or both. 

Regulations. 


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122 STAT. 4262 PUBLIC LAW 110–403—OCT. 13, 2008 

‘‘(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; RESTITU- TION.—Section 2320(b) of title 18, United States Code, is amended 

to read as follows: 

‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITU- TION.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in 

that section, in addition to any other similar remedies provided 

by law.’’. 

SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION. 

(a) IN GENERAL.—Chapter 113 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘SEC. 2323. 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 

Protective order. 

Court orders. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4263 

section 506 of title 17, or section 2318, 2319, 2319A, 2319B, 

or 2320, or chapter 90, of this title, shall order, in addition 

to any other sentence imposed, that the person forfeit to the 

United States Government any property subject to forfeiture 

under subsection (a) for that offense. 

‘‘(2) PROCEDURES.— ‘‘(A) IN GENERAL.—The forfeiture of property under 

paragraph (1), including any seizure and disposition of 

the property and any related judicial or administrative 

proceeding, shall be governed by the procedures set forth 

in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than 

subsection (d) of that section. 

‘‘(B) DESTRUCTION.—At the conclusion of the forfeiture 

proceedings, the court, unless otherwise requested by an 

agency of the United States shall order that any— 

‘‘(i) forfeited article or component of an article 

bearing or consisting of a counterfeit mark be destroyed 

or otherwise disposed of according to law; and 

‘‘(ii) infringing items or other property described 

in subsection (a)(1)(A) and forfeited under paragraph 

(1) of this subsection be destroyed or otherwise disposed of according to law. 

‘‘(c) RESTITUTION.—When a person is convicted of an offense 

under section 506 of title 17 or section 2318, 2319, 2319A, 2319B, 

or 2320, or chapter 90, of this title, the court, pursuant to sections 

3556, 3663A, and 3664 of this title, shall order the person to 

pay restitution to any victim of the offense as an offense against 

property referred to in section 3663A(c)(1)(A)(ii) of this title.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 113 of title 18, United States Code, is amended 

by adding at the end the following: 

‘‘Sec. 2323. Forfeiture, destruction, and restitution.’’. 

SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT. 

Section 1834 of title 18, United States Code, is amended to 

read as follows: 

‘‘SEC. 1834. CRIMINAL FORFEITURE. 

‘‘Forfeiture, destruction, and restitution relating to this chapter 

shall be subject to section 2323, to the extent provided in that 

section, in addition to any other similar remedies provided by 

law.’’. 

SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT. 

Section 2319 of title 18, United States Code, is amended— 

(1) in subsection (b)(2)— 

(A) by inserting ‘‘is a felony and’’ after ‘‘offense’’ the 

first place such term appears; and 

(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; 

(2) in subsection (c)(2)— 

(A) by inserting ‘‘is a felony and’’ after ‘‘offense’’ the 

first place such term appears; and 

(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; 

(3) in subsection (d)(3)— 


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122 STAT. 4264 PUBLIC LAW 110–403—OCT. 13, 2008 

(A) by inserting ‘‘is a felony and’’ after ‘‘offense’’ the 

first place such term appears; and 

(B) by inserting ‘‘under subsection (a)’’ before the semicolon; and 

(4) in subsection (d)(4), by inserting ‘‘is a felony and’’ after 

‘‘offense’’ the first place such term appears. 

SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) AMENDMENTS TO TITLE 17, UNITED STATES CODE.— (1) Section 109 (b)(4) of title 17, United States Code, is 

amended by striking ‘‘505, and 509’’ and inserting ‘‘and 505’’. 

(2) Section 111 of title 17, United States Code, is 

amended— 

(A) in subsection (b), by striking ‘‘and 509’’; 

(B) in subsection (c)— 

(i) in paragraph (2), by striking ‘‘and 509’’; 

(ii) in paragraph (3), by striking ‘‘sections 509 and 

510’’ and inserting ‘‘section 510’’; and 

(iii) in paragraph (4), by striking ‘‘and section 509’’; 

and 

(C) in subsection (e)— 

(i) in paragraph (1), by striking ‘‘sections 509 and 

510’’ and inserting ‘‘section 510’’; and 

(ii) in paragraph (2), by striking ‘‘and 509’’. 

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

amended— 

(A) in paragraph (3)(G)(i), by striking ‘‘and 509’’; and 

(B) in paragraph (6), by striking ‘‘and 509’’. 

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

amended— 

(A) in paragraph (6), by striking ‘‘sections 509 and 

510’’ and inserting ‘‘section 510’’; 

(B) in paragraph (7)(A), by striking ‘‘and 509’’; 

(C) in paragraph (8), by striking ‘‘and 509’’; and 

(D) in paragraph (13), by striking ‘‘and 509’’. 

(5) Section 122 of title 17, United States Code, is 

amended— 

(A) in subsection (d), by striking ‘‘and 509’’; 

(B) in subsection (e), by striking ‘‘sections 509 and 

510’’ and inserting ‘‘section 510’’; and 

(C) in subsection (f)(1), by striking ‘‘and 509’’. 

(6) Section 411(b) of title 17, United States Code, is 

amended by striking ‘‘sections 509 and 510’’ and inserting ‘‘section 510’’. 

(b) OTHER AMENDMENTS.—Section 596(c)(2)(c) of the Tariff Act 

of 1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking ‘‘or 509’’. 

TITLE III—COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING 

AND INFRINGEMENT 

SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR. 

(a) INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.— 

The President shall appoint, by and with the advice and consent 

President. 

Appointments. 

15 USC 8111. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4265 

of the Senate, an Intellectual Property Enforcement Coordinator 

(in this title referred to as the ‘‘IPEC’’) to serve within the Executive 

Office of the President. As an exercise of the rulemaking power 

of the Senate, any nomination of the IPEC submitted to the Senate 

for confirmation, and referred to a committee, shall be referred 

to the Committee on the Judiciary. 

(b) DUTIES OF IPEC.— 

(1) IN GENERAL.—The IPEC shall— 

(A) chair the interagency intellectual property enforcement advisory committee established under subsection 

(b)(3)(A); 

(B) coordinate the development of the Joint Strategic 

Plan against counterfeiting and infringement by the 

advisory committee under section 303; 

(C) assist, at the request of the departments and agencies listed in subsection (b)(3)(A), in the implementation 

of the Joint Strategic Plan; 

(D) facilitate the issuance of policy guidance to departments and agencies on basic issues of policy and interpretation, to the extent necessary to assure the coordination 

of intellectual property enforcement policy and consistency 

with other law; 

(E) 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 

Reports. 

Recommendations. 

Reports. 


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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. 

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. 

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. 

15 USC 8113. 

15 USC 8112. 

Strategic plan. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4267 

(4) Disrupting and eliminating domestic and international 

counterfeiting and infringement networks. 

(5) Strengthening the capacity of other countries to protect 

and enforce intellectual property rights, and reducing the 

number of countries that fail to enforce laws preventing the 

financing, production, trafficking, and sale of counterfeit and 

infringing goods. 

(6) Working with other countries to establish international 

standards and policies for the effective protection and enforcement of intellectual property rights. 

(7) Protecting intellectual property rights overseas by— 

(A) working with other countries and exchanging 

information with appropriate law enforcement agencies in 

other countries relating to individuals and entities involved 

in the financing, production, trafficking, or sale of counterfeit and infringing goods; 

(B) ensuring that the information referred to in 

subparagraph (A) is provided to appropriate United States 

law enforcement agencies in order to assist, as warranted, 

enforcement activities in cooperation with appropriate law 

enforcement agencies in other countries; and 

(C) building a formal process for consulting with 

companies, industry associations, labor unions, and other 

interested groups in other countries with respect to intellectual property enforcement. 

(b) TIMING.—Not 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 

Designations. 

Deadlines. 


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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 


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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. 

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 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. 

Public 

information. 

15 USC 8114. 

Web site. 

Public 

information. 


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(11) Recommendations, if any and as appropriate, on how 

to enhance the efficiency and consistency with which Federal 

funds and resources are expended to enforce, investigate, or 

prosecute intellectual property crimes, including the extent to 

which the agencies and Departments responsible for the 

enforcement, investigation, or prosecution of intellectual property crimes have utilized existing personnel, materials, technologies, and facilities. 

SEC. 305. 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 enforcement department or 

agency. 

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. 

15 USC 8116. 

Effective date. 

Publication. 

15 USC 8115. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4271 

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: 

(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 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 

42 USC 3713a. 


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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. 

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 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 

42 USC 3713b. 

Plans. 

Assessments. 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4273 

(4) ensure the implementation of a regular and comprehensive training program— 

(A) the purpose of which is to train agents of the 

Federal Bureau of Investigation in the investigation and 

prosecution of such crimes and the enforcement of laws 

related to intellectual property crimes; and 

(B) that includes relevant forensic training related to 

investigating and prosecuting intellectual property crimes. 

(b) ORGANIZED CRIME PLAN.—Subject 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, 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— 

(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. 

42 USC 3713c. 

Deadline. 


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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 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. 

Grants. 

42 USC 3713d. 


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(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— 


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122 STAT. 4276 PUBLIC LAW 110–403—OCT. 13, 2008 

(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; 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4277 

(ii) whether the prosecution resulted in a conviction; and 

(iii) the sentence and the statutory maximum for 

such crime, as well as the average sentence imposed 

for such crime; and 

(4) a Bureau-wide assessment of the staff, financial 

resources, and other resources (such as time, technology, and 

training) devoted to the enforcement, investigation, and 

prosecution of intellectual property crimes, including the 

number of investigators, prosecutors, and forensic specialists 

dedicated to investigating and prosecuting intellectual property 

crimes. 

(d) INITIAL REPORT OF THE FBI.—The first report required 

to be submitted by the Director of the Federal Bureau of Investigation under subsection (c) shall include a summary of the efforts, 

activities, and resources the Federal Bureau of Investigation has 

allocated in the 5 years prior to the date of enactment of this 

Act, as well as the 1-year period following such date of enactment 

to the enforcement, investigation, and prosecution of intellectual 

property crimes, including— 

(1) a review of the policies and efforts of the Bureau related 

to the prevention and investigation of intellectual property 

crimes; 

(2) a summary of the overall successes and failures of 

such policies and efforts; 

(3) a review of the investigative and prosecution activity 

of the Bureau with respect to intellectual property crimes, 

including— 

(A) the number of investigations initiated related to 

such crimes; 

(B) the number of arrests related to such crimes; and 

(C) the number of prosecutions for such crimes, 

including— 

(i) the number of defendants involved in such 

prosecutions; 

(ii) whether the prosecution resulted in a conviction; and 

(iii) the sentence and the statutory maximum for 

such crime, as well as the average sentence imposed 

for such crime; and 

(4) a Bureau-wide assessment of the staff, financial 

resources, and other resources (such as time, technology, and 

training) devoted to the enforcement, investigation, and 

prosecution of intellectual property crimes, including the 

number of investigators, prosecutors, and forensic specialists 

dedicated to investigating and prosecuting intellectual property 

crimes. 

TITLE V—MISCELLANEOUS 

SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY 

OF MANUFACTURERS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study to help determine how the Federal Government 

could better protect the intellectual property of manufacturers by 


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122 STAT. 4278 PUBLIC LAW 110–403—OCT. 13, 2008 

quantification of the impacts of imported and domestic counterfeit 

goods on— 

(1) the manufacturing industry in the United States; and 

(2) the overall economy of the United States. 

(b) CONTENTS.—In conducting the study required under subsection (a), the Comptroller General shall examine— 

(1) the extent that counterfeit manufactured goods are 

actively being trafficked in and imported into the United States; 

(2) the impacts on domestic manufacturers in the United 

States of current law regarding defending intellectual property, 

including patent, trademark, and copyright protections; 

(3) the nature and scope of current statutory law and 

case law regarding protecting trade dress from being illegally 

copied; 

(4) the extent which such laws are being used to investigate 

and prosecute acts of trafficking in counterfeit manufactured 

goods; 

(5) any effective practices or procedures that are protecting 

all types of intellectual property; and 

(6) any changes to current statutes or rules that would 

need to be implemented to more effectively protect the intellectual property rights of manufacturers. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress 

a report on the results of the study required under subsection 

(a). 

SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND EFFICIENCY. 

Not later than 2 years after the date of enactment of this 

Act, the Comptroller General shall conduct an audit and submit 

a report to the Committee on the Judiciary of the Senate and 

to the Committee on the Judiciary of the House of Representatives 

on— 

(1) the efforts, activities, and actions of the Intellectual 

Property Enforcement Coordinator and the Attorney General 

in achieving the goals and purposes of this Act, as well as 

in carrying out any responsibilities or duties assigned to each 

such individual or agency under this Act; 

(2) any possible legislative, administrative, or regulatory 

changes that Comptroller General recommends be taken by 

or on behalf of the Intellectual Property Enforcement Coordinator or the Attorney General to better achieve such goals 

and purposes, and to more effectively carry out such responsibilities and duties; 

(3) the effectiveness of any actions taken and efforts made 

by the Intellectual Property Enforcement Coordinator and the 

Attorney General to— 

(A) minimize duplicating the efforts, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of 

intellectual property crimes; and 

(B) enhance the efficiency and consistency with which 

Federal funds and resources are expended to enforce, investigate, or prosecute intellectual property crimes, including 

whether the IPEC has utilized existing personnel, materials, technologies, and facilities, such as the National 


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PUBLIC LAW 110–403—OCT. 13, 2008 122 STAT. 4279 

Intellectual Property Rights Coordination Center established at the Department of Homeland Security; and 

(4) any actions or efforts that the Comptroller General 

recommends be taken by or on behalf of the Intellectual Property Enforcement Coordinator and the Attorney General to 

reduce duplication of efforts and increase the efficiency and 

consistency with which Federal funds and resources are 

expended to enforce, investigate, or prosecute intellectual property crimes. 

SEC. 503. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the United States intellectual property industries have 

created millions of high-skill, high-paying United States jobs 

and pay billions of dollars in annual United States tax revenues; 

(2) the United States intellectual property industries continue to represent a major source of creativity and innovation, 

business start-ups, skilled job creation, exports, economic 

growth, and competitiveness; 

(3) counterfeiting and infringement results in billions of 

dollars in lost revenue for United States companies each year 

and even greater losses to the United States economy in terms 

of reduced job growth, exports, and competitiveness; 

(4) the growing number of willful violations of existing 

Federal criminal laws involving counterfeiting and infringement 

by actors in the United States and, increasingly, by 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 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 


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122 STAT. 4280 PUBLIC LAW 110–403—OCT. 13, 2008 

LEGISLATIVE HISTORY—S. 3325: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 26, considered and passed Senate. 

Sept. 27, 28, considered and passed House. 

Æ 

(D) where there is actual knowledge of the theft of 

intellectual property by the directors or officers of the enterprise. 

Approved October 13, 2008. 


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