Intellectual Property Protection and Courts Amendments Act of 2004

Bill: 108-hr-3632
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2003-11-21 in the House
Policy area: Crime and Law Enforcement
Subjects: Arts, Culture, Religion
Business records
Civil actions and liability
Commerce
Computer software
Copyright
Counterfeiting
Damages
Fines (Penalties)
Injunctions
Intellectual property
Labeling
Law
Legal fees
Limitation of actions
Motion pictures
Packaging
Profit
Recidivists
Science, Technology, Communications
Sound recording and reproducing

Summary:
action_date: 2003-11-21
text: 
Anti-counterfeiting Amendments of 2003 - Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit label affixed to, enclosing, or accompanying (currently, affixed to) a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging; or (2) counterfeit documentation or packaging.
 
Expands the definition of &quot;counterfeit label&quot; to include a genuine label that is: (1) distributed for a product for which it was not intended, without authorization of the copyright owner; or (2) altered to falsify the number of authorized copies, the authorized user, or the edition of the program.
 
Authorizes the court, when a person is convicted of violating this Act, to order the forfeiture and destruction or other disposition of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels.
 
Authorizes a copyright owner who is injured, or threatened with injury, by a violation of this Act to bring a civil action in U.S. district court. Authorizes the court: (1) to grant one or more temporary or permanent injunctions to prevent or restrain violations of this Act; (2) to order the impounding of any article in the alleged violator's custody or control that the court has reasonable cause to believe was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified. Sets forth provisions regarding subsequent violations and limitation on actions.

action_date: 2004-09-21
text: 
Intellectual Property Protection and Courts Amendments Act of 2004 - 
Title I: Anti-counterfeiting Provisions
 - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging.
 
Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.
 
Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.
 
Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered.
 
(Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging.
 

Title II: Fraudulent Online Identity Sanctions
 - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement.
 
(Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony.
 
(Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law.
 

Title III: Courts
 - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh.

action_date: 2004-12-08
text: 

(This measure has not been amended since it was passed by the House on September 21, 2004. The summary of that version is repeated here.)

 
Intellectual Property Protection and Courts Amendments Act of 2004 - 
Title I: Anti-counterfeiting Provisions
 - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging.
 
Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.
 
Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.
 
Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered.
 
(Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging.
 

Title II: Fraudulent Online Identity Sanctions
 - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement.
 
(Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony.
 
(Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law.
 

Title III: Courts
 - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh.

action_date: 2004-12-23
text: 

(This measure has not been amended since it was passed by the House on September 21, 2004. The summary of that version is repeated here.)

 
Intellectual Property Protection and Courts Amendments Act of 2004 - 
Title I: Anti-counterfeiting Provisions
 - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging.
 
Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.
 
Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.
 
Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered.
 
(Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging.
 

Title II: Fraudulent Online Identity Sanctions
 - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement.
 
(Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony.
 
(Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law.
 

Title III: Courts
 - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh.
 
 


Legislative actions:
action_date: 2004-12-23
text: Became Public Law No: 108-482.
action_date: 2004-12-23
text: Became Public Law No: 108-482.
action_date: 2004-12-23
text: Signed by President.
action_date: 2004-12-23
text: Signed by President.
action_date: 2004-12-16
text: Presented to President.
action_date: 2004-12-16
text: Presented to President.
action_date: 2004-12-09
text: Message on Senate action sent to the House.
action_date: 2004-12-08
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2004-12-08
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2004-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S12028-12029)
action_date: 2004-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S12028-12029)
action_date: 2004-09-22
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2004-09-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-09-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7264-7265)
action_date: 2004-09-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7264-7265)
action_date: 2004-09-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3632.
action_date: 2004-09-21
text: Considered under suspension of the rules. (consideration: CR H7264-7267)
action_date: 2004-09-21
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2004-07-13
text: Placed on the Union Calendar, Calendar No. 360.
action_date: 2004-07-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-600.
action_date: 2004-07-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-600.
action_date: 2004-06-23
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-06-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-03-31
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2004-03-31
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2004-02-12
text: Subcommittee Hearings Held.
action_date: 2003-12-10
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2003-11-21
text: Referred to the House Committee on the Judiciary.
action_date: 2003-11-21
text: Introduced in House
action_date: 2003-11-21
text: Introduced in House

Enacted as: number: 108-482