15 U.S.C. § 8112 — Definition

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