15 U.S.C. § 8114 — Reporting

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. 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