15 U.S.C. § 8116 — Authorization of appropriations

Page 2404 TITLE 15—COMMERCE AND TRADE § 8115 1 So in original. No subsec. (b) has been enacted. (7) The progress made in strengthening the capacity of countries to protect and enforce intellectual property rights. (8) The successes and challenges in sharing with other countries information relating to intellectual property enforcement. (9) The progress made under trade agree- ments and treaties to protect intellectual property rights of United States persons and their licensees. (10) The progress made in minimizing dupli- cative efforts, materials, facilities, and proce- dures of the Federal agencies and Departments responsible for the enforcement, investigation, or prosecution of intellectual property crimes. (11) Recommendations, if any and as appro- priate, on how to enhance the efficiency and consistency with which Federal funds and re- sources are expended to enforce, investigate, or prosecute intellectual property crimes, in- cluding the extent to which the agencies and Departments responsible for the enforcement, investigation, or prosecution of intellectual property crimes have utilized existing per- sonnel, materials, technologies, and facilities. (Pub. L. 110–403, title III, § 304, Oct. 13, 2008, 122 Stat. 4269.) § 8115. Savings and repeals (a) Transition from NIPLECC to IPEC (1) Omitted (2) Continuity of performance of duties Upon confirmation by the Senate, and not- withstanding paragraph (1), the IPEC may use the services and personnel of the National In- tellectual Property Law Enforcement Coordi- nation Council, for such time as is reasonable, to perform any functions or duties which in the discretion of the IPEC are necessary to fa- cilitate the orderly transition of any functions or duties transferred from the Council to the IPEC pursuant to any provision of this Act or any amendment made by this Act. (b) Current authorities not affected Except as provided in subsection (a), nothing in this subchapter 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 vio- lations of laws that protect intellectual prop- erty rights; (2) the administrative enforcement, at the borders of the United States, of laws that pro- tect intellectual property rights; or (3) the United States trade agreements pro- gram or international trade. (c) Rules of construction Nothing in this subchapter— (1) shall derogate from the powers, duties, and functions of any of the agencies, depart- ments, or other entities listed or included under section 8111(b)(3)(A) of this title; 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. (Pub. L. 110–403, title III, § 305, Oct. 13, 2008, 122 Stat. 4270.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(2), is Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4256, known as the Prioritizing Resources and Organization for Intellec- tual Property Act of 2008, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 8101 of this title and Tables. This subchapter, referred to in subsecs. (b) and (c), was in the original ‘‘this title’’, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. CODIFICATION Section is comprised of section 305 of Pub. L. 110–403. Subsec. (a)(1) of section 305 of Pub. L. 110–403 repealed section 1128 of this title. § 8116. Authorization of appropriations (a) 1 In general There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this subchapter. (Pub. L. 110–403, title III, § 306, Oct. 13, 2008, 122 Stat. 4270.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classifica- tion of title III to the Code, see Tables. SUBCHAPTER II—CYBERSQUATTING PROTECTION § 8131. Cyberpiracy protections for individuals (1) In general (A) Civil liability Any person who registers a domain name that consists of the name of another living person, or a name substantially and confus- ingly similar thereto, without that person’s consent, with the specific intent to profit from such name by selling the domain name for fi- nancial gain to that person or any third party, shall be liable in a civil action by such person. (B) Exception A person who in good faith registers a do- main name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of author- ship protected under title 17, including a work made for hire as defined in section 101 of title 17, and if the person registering the domain