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Prioritizing Resources and Organization for Intellectual Property Act of 2008

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Public Law 110-402
Public Law 110-403
Prioritizing Resources and Organization for Intellectual Property Act of 2008
by the 110th Congress of the United States
Pub.L. 110−403, 122 Stat. 4256, S. 3325, enacted October 13, 2008
Public Law 110-404
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Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on Wikisource may be listed using What Links Here.

409641Prioritizing Resources and Organization for Intellectual Property Act of 2008 —
Pub.L. 110−403, 122 Stat. 4256, S. 3325, enacted October 13, 2008
2008the 110th Congress of the United States
110TH UNITED STATES CONGRESS
2ND SESSION

An Act
To enhance enhance remedies for violations of intellectual property laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title; Table of Contents.

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(a) Short Title.—
This Act may be cited as the ``Prioritizing Resources and Organization for Intellectual Property Act of 2008´´.
(b) Table of Contents.—
The table of contents is as follows:
Sec. 1. Short Title; Table of Contents.
Sec. 2. Reference.
Sec. 3. Definition.


TITLE I—ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS
Sec. 101. Registration of claim.
Sec. 102. Civil remedies for infringement.
Sec. 103. Treble damages in counterfeiting cases.
Sec. 104. Statutory damages in counterfeiting cases.
Sec. 105. Importation and exportation.


TITLE II—ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS
Sec. 201. Criminal copyright infringement.
Sec. 202. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging for works that can be copyrighted.
Sec. 203. Unauthorized fixation.
Sec. 204. Unauthorized recording of motion pictures.
Sec. 205. Trafficking in counterfeit goods or services.
Sec. 206. Forfeiture, destruction, and restitution.
Sec. 207. Forfeiture under Economic Espionage Act.
Sec. 208. Criminal infringement of a copyright.
Sec. 209. Technical and conforming amendments.


TITLE III—COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING AND INFRINGEMENT
Sec. 301. Intellectual Property Enforcement Coordinator.
Sec. 302. Definition.
Sec. 303. Joint strategic plan.
Sec. 304. Reporting.
Sec. 305. Savings and repeals.
Sec. 306. Authorization of appropriations.


TITLE IV—DEPARTMENT OF JUSTICE PROGRAMS
Sec. 401. Local law enforcement grants.
Sec. 402. Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes.
Sec. 403. Additional funding for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers.
Sec. 404. Annual reports.


TITLE V—MISCELLANEOUS
Sec. 501. GAO study on protection of intellectual property of manufacturers.
Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.


Sec. 2. Reference.

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Any reference in this Act to the `Trademark Act of 1946´ refers to the Act entitled `An Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes´, approved July 5, 1946 (15 U.S.C. 1051 et seq.).

Sec. 3. Definition.

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In this Act, the term `United States person´ means--
(1) any United States resident or national,
(2) any domestic concern (including any permanent domestic establishment of any foreign concern), and
(3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3).


Approved October 13, 2008.


Legislative History

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  • CONGRESSIONAL RECORD, Vol. 154 (2008):
    • Sept. 26, considered and passed Senate.
    • Sept. 27, 28, considered and passed House.

 

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

 

A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

 

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