15 U.S.C. § 8113 — Joint Strategic Plan

Page 2402 TITLE 15—COMMERCE AND TRADE § 8112 able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 8112. Definition For purposes of this subchapter, the term ‘‘in- tellectual property enforcement’’ means matters relating to the enforcement of laws protecting copyrights, patents, trademarks, other forms of intellectual property, and trade secrets, both in the United States and abroad, including in par- ticular matters relating to combating counter- feit and infringing goods. (Pub. L. 110–403, title III, § 302, Oct. 13, 2008, 122 Stat. 4266.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified prin- cipally to this subchapter. For complete classification of title III to the Code, see Tables. § 8113. Joint Strategic Plan (a) Purpose The objectives of the Joint Strategic Plan against counterfeiting and infringement that is referred to in section 8111(b)(1)(B) of this title (in this section referred to as the ‘‘joint stra- tegic plan’’) are the following: (1) Reducing counterfeit and infringing goods in the domestic and international sup- ply chain. (2) Identifying and addressing structural weaknesses, systemic flaws, or other unjusti- fied impediments to effective enforcement ac- tion against the financing, production, traf- ficking, or sale of counterfeit or infringing goods, including identifying duplicative ef- forts to enforce, investigate, and prosecute in- tellectual 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 rec- ommendations on how to reduce duplication in personnel, materials, technologies, and facili- ties 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 enforce- ment protocols for handling such information, to aid in the objective of arresting and pros- ecuting individuals and entities that are knowingly involved in the financing, produc- tion, trafficking, or sale of counterfeit or in- fringing goods. (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 ef- fective protection and enforcement of intellec- tual property rights. (7) Protecting intellectual property rights overseas by— (A) working with other countries and ex- changing information with appropriate law enforcement agencies in other countries re- lating to individuals and entities involved in the financing, production, trafficking, or sale of counterfeit and infringing goods; (B) ensuring that the information referred to in subparagraph (A) is provided to appro- priate United States law enforcement agen- cies in order to assist, as warranted, enforce- ment activities in cooperation with appro- priate law enforcement agencies in other countries; and (C) building a formal process for con- sulting with companies, industry associa- tions, labor unions, and other interested groups in other countries with respect to in- tellectual property enforcement. (b) Timing Not later than 12 months after October 13, 2008, and not later than December 31 of every third year thereafter, the IPEC shall submit the joint strategic plan to the Committee on the Ju- diciary and the Committee on Appropriations of the Senate, and to the Committee on the Judici- ary and the Committee on Appropriations of the House of Representatives. (c) Responsibility of the IPEC During the development of the joint strategic plan, the IPEC— (1) shall provide assistance to, and coordi- nate the meetings and efforts of, the appro- priate officers and employees of departments and agencies represented on the advisory com- mittee appointed under section 8111(b)(3) of this title who are involved in intellectual property enforcement; and (2) may consult with private sector experts in intellectual property enforcement in fur- therance of providing assistance to the mem- bers of the advisory committee appointed under section 8111(b)(3) of this title. (d) Responsibilities of other departments and agencies In the development and implementation of the joint strategic plan, the heads of the depart- ments and agencies identified under section 8111(b)(3) of this title shall— (1) designate personnel with expertise and experience in intellectual property enforce- ment matters to work with the IPEC and other members of the advisory committee; and (2) share relevant department or agency in- formation with the IPEC and other members of the advisory committee, including statis- tical information on the enforcement activi- ties of the department or agency against coun- terfeiting or infringement, and plans for ad- dressing the joint strategic plan, to the extent Page 2403 TITLE 15—COMMERCE AND TRADE § 8114 permitted by law, including requirements re- lating to confidentiality 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. (e) Contents of the joint strategic plan Each joint strategic plan shall include the fol- lowing: (1) A description of the priorities identified for carrying out the objectives in the joint strategic plan, including activities of the Fed- eral Government relating to intellectual prop- erty enforcement. (2) A description of the means to be em- ployed to achieve the priorities, including the means for improving the efficiency and effec- tiveness of the Federal Government’s enforce- ment efforts against counterfeiting and in- fringement. (3) Estimates of the resources necessary to fulfill the priorities 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 viola- tions of intellectual 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 infringe- ment. (6) An identification of the departments and agencies that will be involved in imple- menting each priority under paragraph (1). (7) A strategy for ensuring coordination among the departments and agencies identi- fied under paragraph (6), which will facilitate oversight by the executive branch of, and ac- countability 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 in- fringement, 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 gov- ernments The joint strategic plan shall include pro- grams to provide training and technical assist- ance to foreign governments for the purpose of enhancing the efforts of such governments to enforce laws against counterfeiting and infringe- ment. With respect to such programs, the joint strategic plan shall— (1) seek to enhance the efficiency and con- sistency with which Federal resources are ex- pended, and seek to minimize duplication, overlap, or inconsistency of efforts; (2) identify and give priority to those coun- tries where programs 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 intel- lectual property rights of United States per- sons 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 para- graph (2), be guided by the list of countries identified by the United States Trade Rep- resentative under section 2242(a) of title 19; and (4) develop metrics to measure the effective- ness of the Federal Government’s efforts to improve the laws and enforcement 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. (Pub. L. 110–403, title III, § 303, Oct. 13, 2008, 122 Stat. 4266.) § 8114. 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 com- mittee during the preceding fiscal year. The an- nual 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 8113 of this title. (b) Contents The report required by this section shall in- clude the following: (1) The progress made on implementing the strategic plan and on the progress toward ful- fillment of the priorities identified under sec- tion 8113(e)(1) of this title. (2) The progress made in efforts to encourage Federal, State, and local government depart- ments and agencies to accord higher priority to intellectual property enforcement. (3) The progress made in working with for- eign countries to investigate, arrest, and pros- ecute entities and individuals involved in the financing, production, trafficking, and sale of counterfeit and infringing goods. (4) The manner in which the relevant depart- ments and agencies are working together and sharing information to strengthen intellectual property enforcement. (5) An assessment of the successes and short- comings of the efforts of the Federal Govern- ment, including departments and agencies rep- resented on the committee established under section 8111(b)(3) of this title. (6) Recommendations, if any and as appro- priate, for any changes in enforcement stat- utes, regulations, or funding levels that the advisory committee considers would signifi- cantly improve the effectiveness or efficiency of the effort of the Federal Government to combat counterfeiting and infringement and otherwise strengthen intellectual property en- forcement, including through the elimination or consolidation of duplicative programs or initiatives.