IB 
Union Calendar No. 384 
110TH CONGRESS 
2D SESSION 
H. R. 4279 
[Report No. 110–617] 
To enhance remedies for violations of intellectual property laws, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2007 
Mr. CONYERS (for himself, Mr. BERMAN, Mr. SMITH of Texas, Mr. SCHIFF, 
Mr. FEENEY, Mr. ISSA, Mr. CHABOT, Mr. COHEN, Mr. KELLER of Flor-
ida, Ms. JACKSON-LEE of Texas, and Mr. GOODLATTE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
MAY 5, 2008 
Additional sponsors: Mr. WEXLER, Mr. WATT, Mr. COBLE, Mrs. BONO MACK, 
Mr. PENCE, Ms. WATSON, Ms. WASSERMAN SCHULTZ, Mr. GALLEGLY, 
and Mr. SHERMAN 
MAY 5, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on December 5, 2007] 
A BILL 
To enhance remedies for violations of intellectual property 
laws, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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. Registration and infringement actions. 
Sec. 103. Civil remedies for infringement. 
Sec. 104. Treble damages in counterfeiting cases. 
Sec. 105. Statutory damages in counterfeiting cases. 
Sec. 106. Exportation of goods bearing infringing marks. 
Sec. 107. Importation and exportation. 
TITLE II—ENHANCEMENTS TO CRIMINAL INTELLECTUAL 
PROPERTY LAWS 
Sec. 201. Criminal infringement of a copyright. 
Sec. 202. Harmonization of forfeiture procedures for intellectual property offenses. 
Sec. 203. Directive to United States Sentencing Commission. 
Sec. 204. Trafficking in counterfeit goods or services. 
TITLE III—COORDINATION AND STRATEGIC PLANNING OF FEDERAL 
EFFORT AGAINST COUNTERFEITING AND PIRACY 
Subtitle A—Office of the United States Intellectual Property Enforcement 
Representative 
Sec. 301. Office of the United States Intellectual Property Enforcement Represent-
ative. 
Sec. 302. Definition. 
Subtitle B—Joint Strategic Plan 
Sec. 321. Joint Strategic Plan. 
Sec. 322. Reporting. 
Sec. 323. Savings and repeals. 
Sec. 324. Authorization of appropriations. 
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TITLE IV—INTERNATIONAL ENFORCEMENT AND COORDINATION 
Sec. 401. Intellectual property attache´s. 
Sec. 402. Duties and responsibilities of intellectual property attache´s. 
Sec. 403. Training and designation of assignment. 
Sec. 404. Coordination. 
Sec. 405. Authorization of appropriations. 
TITLE V—DEPARTMENT OF JUSTICE PROGRAMS 
Subtitle A—Coordination 
Sec. 501. Intellectual Property Enforcement Officer. 
Subtitle B—Law Enforcement Resources 
Sec. 511. Local law enforcement grants. 
Sec. 512. CHIP units, training, and additional resources. 
Sec. 513. Transparency of prosecutorial decisionmaking. 
Sec. 514. Authorization of appropriations. 
Subtitle C—International Activities 
Sec. 521. International intellectual property law enforcement coordinators. 
Sec. 522. International training activities of the computer crime and intellectual 
property section. 
Subtitle D—Coordination, Implementation, and Reporting 
Sec. 531. Coordination. 
Sec. 532. Annual reports. 
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, 
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(2) any domestic concern (including any perma-
nent 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 de-
scribed in paragraph (1), (2), or (3). 
TITLE 
I—ENHANCEMENTS 
TO 
CIVIL INTELLECTUAL PROP-
ERTY LAWS 
SEC. 101. REGISTRATION OF CLAIM. 
Section 410 of title 17, United States Code, is amend-
ed— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) A certificate of registration satisfies the re-
quirements of section 411 and section 412 regardless of any 
inaccurate information contained in the certificate, un-
less— 
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‘‘(A) the inaccurate information was included on 
the application for copyright registration with knowl-
edge 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 inaccuracies described under 
paragraph (1) are alleged, the court shall request the Reg-
ister of Copyrights to advise the court whether the inaccu-
racy of the information, if known, would have caused the 
Register of Copyrights to refuse registration. The Register 
shall respond to the court’s request within 45 days after 
the request is made. 
‘‘(3) Nothing in this subsection shall affect any rights, 
obligations, or requirements of a person related to informa-
tion contained in a registration certificate except for the 
institution of and remedies in infringement actions under 
sections 411 and 412.’’. 
SEC. 102. REGISTRATION AND INFRINGEMENT ACTIONS. 
(a) REGISTRATION
IN
CIVIL
INFRINGEMENT
AC-
TIONS.—Section 411 of title 17, United States Code, is 
amended— 
(1) in the section heading, by inserting ‘‘civil’’ 
after ‘‘and’’ ; and 
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(2) in subsection (a), by striking ‘‘no action’’ 
and inserting ‘‘no civil action’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 411(b) of title 17, United States Code, is amended by 
striking ‘‘506 and sections 509 and’’ and inserting ‘‘505 
and section’’. 
SEC. 103. CIVIL REMEDIES FOR INFRINGEMENT. 
Section 503(a) of title 17, United States Code, is 
amended— 
(1) by striking ‘‘and of all plates’’ and inserting 
‘‘of all plates’’; and 
(2) by striking the period at the end and insert-
ing the following: ‘‘, and records documenting the 
manufacture, sale, or receipt of things involved in 
such violation. The court shall enter an appropriate 
protective order with respect to discovery by the ap-
plicant of any records that have been seized. The pro-
tective order shall provide for appropriate procedures 
to assure that confidential information contained in 
such records is not improperly disclosed to the appli-
cant.’’. 
SEC. 104. 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: 
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‘‘(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, to-
gether with a reasonable attorney’s fee, if the violation con-
sists 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 con-
nection with the sale, offering for sale, or distribution 
of goods or services; 
‘‘(2) intentionally inducing another to engage in 
a violation specified in paragraph (1); or 
‘‘(3) 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 serv-
ices would put the goods or services to use in commit-
ting 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 
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‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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. At the 
conclusion of the forfeiture proceedings, the court shall 
order that any counterfeit label or illicit label and 
any article to which a counterfeit label or illicit label 
has been affixed, which a counterfeit label or illicit 
label encloses or accompanies, or which was intended 
to have had such label affixed, enclosing, or accom-
panying, be destroyed or otherwise disposed of accord-
ing to law. 
‘‘(3) RESTITUTION.—When a person is convicted 
of an offense under this section, the court, pursuant 
to sections 3556, 3663A, and 3664, shall order the 
person to pay restitution to the owner of the marks 
or copyrighted works involved in the offense and any 
other victim of the offense as an offense against prop-
erty referred to in section 3663A(c)(1)(A)(ii).’’; 
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(2) by striking subsection (e); and 
(3) by redesignating subsection (f) as subsection 
(e). 
(b) CRIMINAL INFRINGEMENT OF A COPYRIGHT.— 
(1) IN
GENERAL.—Section 2319 of title 18, 
United States Code, is amended by adding at the end 
the following: 
‘‘(g) FORFEITURE
AND
DESTRUCTION; RESTITU-
TION.— 
‘‘(1) CIVIL FORFEITURE PROCEEDINGS.—(A) The 
following property is subject to forfeiture to the 
United States: 
‘‘(i) Any copies or phonorecords manufac-
tured, reproduced, distributed, sold, or otherwise 
used, intended for use, or possessed with intent 
to use in violation of section 506(a) of title 17, 
any plates, molds, matrices, masters, tapes, film 
negatives, or other articles by means of which 
such copies or phonorecords may be made, and 
any devices for manufacturing, reproducing, or 
assembling such copies or phonorecords. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indirectly 
as a result of a violation of section 506(a) of title 
17. 
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‘‘(iii) Any property used, or intended to be 
used, to commit or facilitate the commission of 
a violation of section 506(a) of title 17 that is 
owned or predominantly controlled by the viola-
tor or by a person conspiring with or aiding and 
abetting the violator in committing the violation, 
except that property is subject to forfeiture under 
this clause only if the Government establishes 
that there was a substantial connection between 
the property and the violation of section 506(a) 
of title 17. 
‘‘(B) The provisions of chapter 46 relating to 
civil forfeitures shall extend to any seizure or civil 
forfeiture under this section. At the conclusion of the 
forfeiture proceedings, the court shall order that any 
forfeited infringing copies or phonorecords, and any 
plates, molds, matrices, masters, tapes, and film nega-
tives by means of which such unauthorized copies or 
phonorecords may be made, be destroyed or otherwise 
disposed of according to law. 
‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means knowingly providing aid to the viola-
tor with the intent to facilitate the violation. 
‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.—(A) 
The court, in imposing sentence on a person convicted 
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of an offense under subsection (a), shall order, in ad-
dition to any other sentence imposed, that the person 
forfeit to the United States the following property: 
‘‘(i) Any copies or phonorecords manufac-
tured, reproduced, distributed, sold, or otherwise 
used, intended for use, or possessed with intent 
to use in the commission of an offense under sub-
section (a), any plates, molds, matrices, masters, 
tapes, film negatives, or other articles by means 
of which the copies or phonorecords may be re-
produced, and any electronic, mechanical, or 
other devices for manufacturing, reproducing, or 
assembling such copies or phonorecords. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indirectly 
as a result of an offense under subsection (a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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. 
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853), other than subsection (d) of that section. At the 
conclusion of the forfeiture proceedings, the court shall 
order that any forfeited infringing copies or 
phonorecords, and any plates, molds, matrices, mas-
ters, tapes, and film negatives by means of which such 
infringing copies or phonorecords may be made, be 
destroyed or otherwise disposed of according to law. 
‘‘(3) RESTITUTION.—When a person is convicted 
of an offense under this section, the court, pursuant 
to sections 3556, 3663A, and 3664, shall order the 
person to pay restitution to the copyright owner and 
any other victim of the offense as an offense against 
property referred to in section 3663A(c)(1)(A)(ii).’’. 
(2) CONFORMING
AMENDMENTS.—(A) Section 
506(b) of title 17, United States Code, is amended by 
striking all that follows ‘‘destruction’’ and inserting 
the following: ‘‘of property as prescribed by section 
2319(g) of title 18.’’. 
(B) Section 509 of title 17, United States Code, 
relating seizure and forfeiture, and the item relating 
to section 509 in the table of sections at the beginning 
of chapter 5 of title 17, United States Code, are re-
pealed. 
(c) UNAUTHORIZED FIXATION AND TRAFFICKING.— 
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