15 U.S.C. § 8131 — Cyberpiracy protections for individuals

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 Page 2405 TITLE 15—COMMERCE AND TRADE § 8201 name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploi- tation of the work, and such registration is not prohibited by a contract between the reg- istrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections af- forded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Fed- eral or State law. (2) Remedies In any civil action brought under paragraph (1), a court may award injunctive relief, includ- ing the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party. (3) Definition In this section, the term ‘‘domain name’’ has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127). (4) Effective date This section shall apply to domain names reg- istered on or after November 29, 1999. (Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548.) Editorial Notes REFERENCES IN TEXT The Trademark Act of 1946, referred to in par. (1)(B), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of this title and Tables. CODIFICATION Section was formerly classified to section 1129 of this title. Section was enacted as part of the Anticybersquatting Consumer Protection Act, and not as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which comprises this chapter. CHAPTER 108—STATE-BASED INSURANCE REFORM SUBCHAPTER I—NONADMITTED INSURANCE Sec. 8201. Reporting, payment, and allocation of pre- mium taxes. 8202. Regulation of nonadmitted insurance by in- sured’s home State. 8203. Participation in national producer database. 8204. Uniform standards for surplus lines eligi- bility. 8205. Streamlined application for commercial pur- chasers. 8206. Definitions. SUBCHAPTER II—REINSURANCE 8221. Regulation of credit for reinsurance and rein- surance agreements. 8222. Regulation of reinsurer solvency. 8223. Definitions. SUBCHAPTER III—RULE OF CONSTRUCTION 8231. Rule of construction. 8232. Severability. SUBCHAPTER I—NONADMITTED INSURANCE § 8201. Reporting, payment, and allocation of pre- mium taxes (a) Home State’s exclusive authority No State other than the home State of an in- sured may require any premium tax payment for nonadmitted insurance. (b) Allocation of nonadmitted premium taxes (1) In general The States may enter into a compact or oth- erwise establish procedures to allocate among the States the premium taxes paid to an in- sured’s home State described in subsection (a). (2) Effective date Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures— (A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and (B) if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expira- tion of such 330-day period, are required to be paid to any State that is subject to such compact or procedures. (3) Report Upon the expiration of the 330-day period re- ferred to in paragraph (2), the NAIC may sub- mit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Com- mittee on Banking, Housing, and Urban Af- fairs of the Senate identifying and describing any compact or other procedures for alloca- tion among the States of premium taxes that have been adopted during such period by any States. (4) Nationwide system The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, col- lection, and allocation of premium taxes for nonadmitted insurance consistent with this section. (c) Allocation based on tax allocation report To facilitate the payment of premium taxes among the States, an insured’s home State may require surplus lines brokers and insureds who have independently procured insurance to annu- ally file tax allocation reports with the in- sured’s home State detailing the portion of the nonadmitted insurance policy premium or pre- miums attributable to properties, risks, or expo- sures located in each State. The filing of a non- admitted insurance tax allocation report and the payment of tax may be made by a person au- thorized by the insured to act as its agent. (Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.)