Prioritizing Resources and Organization for Intellectual Property Act of 2008
PL 110-403 (S.3325), enacted 10/13/2008

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 documenta-
tion 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 re-
lated 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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122 STAT. 4257 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 perma-
nent 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 informa-
tion, if known, would have caused the Register of Copyrights to 
refuse registration. 
‘‘(3) Nothing in this subsection shall affect any rights, obliga-
tions, 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 rem-
edies 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 appro-
priate 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, not-
withstanding 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 ref-
erences 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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122 STAT. 4259 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 judg-
ment 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 subpara-
graphs (A) through (C), respectively, and moving such subpara-
graphs 2 ems to the right; 
(2) by striking ‘‘(a)’’ and inserting ‘‘(a) INFRINGING IMPORTA-
TION 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 sub-
section)— 
(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 Protec-
tion’’; 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 CRIMI-
NAL 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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122 STAT. 4261 
PUBLIC LAW 110–403—OCT. 13, 2008 
(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 subpara-
graphs (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 sec-
tion 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; RESTITU-
TION.—Forfeiture, destruction, and restitution relating to this sec-
tion 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; RESTITU-
TION.—Forfeiture, destruction, and restitution relating to this sec-
tion 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 pen-
alty 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 inter-
national 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 sec-
tion 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 Govern-
ment: 
‘‘(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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122 STAT. 4263 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 Preven-
tion 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 dis-
posed 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 ‘‘sub-
section (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 ‘‘sub-
section (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 semi-
colon; 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 ‘‘sec-
tion 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 STRA-
TEGIC PLANNING OF FEDERAL EF-
FORT 
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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122 STAT. 4265 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 enforce-
ment 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 agen-
cies listed in subsection (b)(3)(A), in the implementation 
of the Joint Strategic Plan; 
(D) facilitate the issuance of policy guidance to depart-
ments and agencies on basic issues of policy and interpreta-
tion, 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 Con-
gress 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 inter-
agency intellectual property enforcement advisory com-
mittee composed of the IPEC, who shall chair the com-
mittee, and the following members: 
(i) Senate-confirmed representatives of the fol-
lowing departments and agencies who are involved 
in intellectual property enforcement, and who are, or 
are appointed by, the respective heads of those depart-
ments and agencies: 
(I) The Office of Management and Budget. 
(II) Relevant units within the Department of 
Justice, including the Federal Bureau of Investiga-
tion 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. 
Recommenda- 
tions. 
Reports. 
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122 STAT. 4266 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 Enforce-
ment. 
(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 rep-
resentative 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 intellec-
tual 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, sys-
temic flaws, or other unjustified impediments to effective 
enforcement action against the financing, production, traf-
ficking, or sale of counterfeit or infringing goods, including 
identifying duplicative efforts to enforce, investigate, and pros-
ecute 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 confiden-
tiality 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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122 STAT. 4267 
PUBLIC LAW 110–403—OCT. 13, 2008 
(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 enforce-
ment 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 counter-
feit 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 intellec-
tual 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 Representa-
tives. 
(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 depart-
ments and agencies represented on the advisory committee 
appointed under section 301(b)(3) who are involved in intellec-
tual 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 infringe-
ment, 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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122 STAT. 4268 
PUBLIC LAW 110–403—OCT. 13, 2008 
sharing of information is consistent with Department of Justice 
and other law enforcement protocols for handling such informa-
tion. 
(e) CONTENTS OF THE JOINT STRATEGIC PLAN.—Each joint stra-
tegic 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 prior-
ities 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 intellec-
tual property rights, including the costs to the economy of 
the United States resulting from violations of intellectual prop-
erty 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 depart-
ments and agencies identified under paragraph (6), which will 
facilitate oversight by the executive branch of, and account-
ability 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 GOVERN-
MENTS.—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 pro-
grams 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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122 STAT. 4269 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 enforce-
ment 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 identi-
fied 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 Fed-
eral 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 enforce-
ment. 
(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, investiga-
tion, or prosecution of intellectual property crimes. 
Public 
information. 
15 USC 8114. 
Web site. 
Public 
information. 
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122 STAT. 4270 
PUBLIC LAW 110–403—OCT. 13, 2008 
(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 prop-
erty crimes have utilized existing personnel, materials, tech-
nologies, 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 Congres-
sional Record. 
(2) CONTINUITY OF PERFORMANCE OF DUTIES.—Upon con-
firmation 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 trans-
ferred 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 inter-
national 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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122 STAT. 4271 
PUBLIC LAW 110–403—OCT. 13, 2008 
TITLE IV—DEPARTMENT OF JUSTICE 
PROGRAMS 
SEC. 401. LOCAL LAW ENFORCEMENT GRANTS. 
(a) AUTHORIZATION.—Section 2 of the Computer Crime Enforce-
ment 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 appro-
priations, 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 govern-
ments 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 anti- 
infringement, 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 viola-
tions 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 agen-
cies about the investigation, analysis, and prosecution of 
matters involving those laws and criminal infringement 
of copyrighted works, including the use of multijuris-
dictional 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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122 STAT. 4272 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 sala-
ries and overtime costs, storage fees, and other expendi-
tures to improve the investigation, prevention, or enforce-
ment 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 pro-
grams such as the Edward Byrne Memorial Justice Assist-
ance 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 appro-
priated 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 Prop-
erty 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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122 STAT. 4273 
PUBLIC LAW 110–403—OCT. 13, 2008 
(4) ensure the implementation of a regular and comprehen-
sive 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 Com-
puter 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 Home-
land Security, shall create and implement a comprehensive, long- 
range 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 intellec-
tual property crimes and other criminal activity involving com-
puters, 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 para-
graph (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, pros-
ecute, and study such crimes. 
42 USC 3713c. 
Deadline. 
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122 STAT. 4274 
PUBLIC LAW 110–403—OCT. 13, 2008 
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 subse-
quent 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 accom-
plished 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 investiga-
tions 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 prosecu-
tions 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 prosecu-
tions 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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122 STAT. 4275 
PUBLIC LAW 110–403—OCT. 13, 2008 
(7) A summary of the efforts, activities, and resources the 
Department of Justice has allocated to the enforcement, inves-
tigation, and prosecution of intellectual property crimes, 
including— 
(A) a review of the policies and efforts of the Depart-
ment 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, finan-
cial resources, and other resources (such as time, tech-
nology, and training) devoted to the enforcement, investiga-
tion, and prosecution of intellectual property crimes, 
including the number of investigators, prosecutors, and 
forensic specialists dedicated to investigating and pros-
ecuting 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, facili-
ties, and procedures of any other Federal agency respon-
sible 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, inves-
tigate, 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 intellec-
tual 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 prop-
erty 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 convic-
tion; 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 sub-
section 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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122 STAT. 4277 
PUBLIC LAW 110–403—OCT. 13, 2008 
(ii) whether the prosecution resulted in a convic-
tion; 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 Investiga-
tion under subsection (c) shall include a summary of the efforts, 
activities, and resources the Federal Bureau of Investigation has 
allocated in the 5 years prior to the date of 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 convic-
tion; 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 sub-
section (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 intellec-
tual property rights of manufacturers. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment 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 EFFI-
CIENCY. 
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 Coordi-
nator or the Attorney General to better achieve such goals 
and purposes, and to more effectively carry out such responsibil-
ities 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, facili-
ties, and procedures of any other Federal agency respon-
sible 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, inves-
tigate, or prosecute intellectual property crimes, including 
whether the IPEC has utilized existing personnel, mate-
rials, technologies, and facilities, such as the National 
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122 STAT. 4279 
PUBLIC LAW 110–403—OCT. 13, 2008 
Intellectual Property Rights Coordination Center estab-
lished 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 Prop-
erty 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 prop-
erty 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 con-
tinue 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 foreign- 
based individuals and entities is a serious threat to the long- 
term vitality of the United States economy and the future 
competitiveness of United States industry; 
(5) terrorists and organized crime utilize piracy, counter-
feiting, and infringement to fund some of their activities; 
(6) effective criminal enforcement of the intellectual prop-
erty 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 intellec-
tual 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 for-
eign-controlled entities, the Attorney General should give pri-
ority 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 serv-
ices 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. 
(D) where there is actual knowledge of the theft of 
intellectual property by the directors or officers of the enter-
prise. 
Approved October 13, 2008. 
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