IIB 
108TH CONGRESS 
2D SESSION 
H. R. 3632 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 22, 2004 
Received, read twice and referred to the Committee on the Judiciary 
AN ACT 
To prevent and punish counterfeiting of copyrighted copies 
and phonorecords, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Intellectual Property 
Protection and Courts Amendments Act of 2004’’. 
TITLE I—ANTI-COUNTERFEITING 
PROVISIONS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Anti-counterfeiting 
Amendments Act of 2004’’. 
SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUN-
TERFEIT COMPONENTS. 
(a) IN GENERAL.—Section 2318 of title 18, United 
States Code, is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 2318. Trafficking in counterfeit labels, illicit labels, 
or counterfeit documentation or pack-
aging’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) Whoever, in any of the circumstances described 
in subsection (c), knowingly traffics in— 
‘‘(1) a counterfeit label or illicit label affixed to, 
enclosing, or accompanying, or designed to be af-
fixed to, enclose, or accompany— 
‘‘(A) a phonorecord; 
‘‘(B) a copy of a computer program;
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‘‘(C) a copy of a motion picture or other 
audiovisual work; 
‘‘(D) a copy of a literary work; 
‘‘(E) a copy of a pictorial, graphic, or 
sculptural work; 
‘‘(F) a work of visual art; or 
‘‘(G) documentation or packaging; or 
‘‘(2) counterfeit documentation or packaging, 
shall be fined under this title or imprisoned for not more 
than 5 years, or both.’’; 
(3) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (3)— 
(i) by striking ‘‘and ‘audiovisual work’ 
have’’ and inserting the following: ‘‘ ‘audio-
visual work’, ‘literary work’, ‘pictorial, 
graphic, or sculptural work’, ‘sound record-
ing’, ‘work of visual art’, and ‘copyright 
owner’ have’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following:
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‘‘(4) the term ‘illicit label’ means a genuine cer-
tificate, licensing document, registration card, or 
similar labeling component— 
‘‘(A) that is used by the copyright owner 
to verify that a phonorecord, a copy of a com-
puter program, a copy of a motion picture or 
other audiovisual work, a copy of a literary 
work, a copy of a pictorial, graphic, or sculp-
tural work, a work of visual art, or documenta-
tion or packaging is not counterfeit or infring-
ing of any copyright; and 
‘‘(B) that is, without the authorization of 
the copyright owner— 
‘‘(i) distributed or intended for dis-
tribution not in connection with the copy, 
phonorecord, or work of visual art to which 
such labeling component was intended to 
be affixed by the respective copyright 
owner; or 
‘‘(ii) in connection with a genuine cer-
tificate or licensing document, knowingly 
falsified in order to designate a higher 
number of licensed users or copies than 
authorized by the copyright owner, unless 
that certificate or document is used by the