12 2 STA T .4 2 65PUBLIC LA W 11 0– 40 3—O CT. 13 , 200 8oftheS e na te , an I nte l le c t u al Pr o p ert yE nforce m ent C oor di nator ( in thi s title referred to as the ‘ ‘IPEC ’ ’ ) to ser v e w ithin the E x ecutive O ffice of the President .A s an exercise of the rulema k in g power of the Senate, any nomination of the IPEC su b mitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on the J udiciary. (b) DUTIESOF IPEC. — ( 1 )I NG ENE RAL .— T he IPEC shall— (A) chair the interagency intellectual property enforce - ment advisory committee established under subsection (b)( 3 )(A)
( B ) coordinate the development of the Joint Strategic Plan against counterfeiting and infringement by the advisory committee under section 3 0 3; (C) assist, at the re q uest of the departments and agen- cies listed in subsection (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guidance to depart- ments and agencies on basic issues of policy and interpreta- tion, to the extent necessary to assure the coordination of intellectual property enforcement policy and consistency with other law; (E) report to the President and report to Congress, to the extent consistent with law, regarding domestic and international intellectual property enforcement programs; ( F ) report to Congress, as provided in section 30 4 , on the implementation of the Joint Strategic Plan, and make recommendations, if any and as appropriate, to Con- gress for improvements in Federal intellectual property laws and enforcement efforts; and ( G ) carry out such other functions as the President may direct. ( 2 ) L I M ITATION ON AUT H ORIT Y .—The IPEC may not control or direct any law enforcement agency, including the Department of Justice, in the exercise of its investigative or prosecutorial authority. (3) A DV ISORY C OMMITTEE.— (A) ESTA B LISHMENT.—There is established an inter- agency intellectual property enforcement advisory com- mittee composed of the IPEC, who shall chair the com- mittee, and the following members
(i) Senate-confirmed representatives of the fol- lowing departments and agencies who are involved in intellectual property enforcement, and who are, or are appointed by, the respective heads of those depart- ments and agencies: (I) The Office of M anagement and Budget. (II) R elevant units within the Department of Justice, including the Federal Bureau of Investiga- tion and the Criminal Division. (III) The U nited States Patent and Trademark Office and other relevant units of the Department of Commerce. (I V ) The Office of the United States Trade Representative. (V) The Department of State, the United States Agency for International Development, and Reports. Re c o m me nda- t i ons. Reports.
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