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15 U.S.C. § 8113Joint Strategic Plan

submitted 18 years ago by Pub. L. 110-403 to r/title-15-COMMERCE-AND-TRADE · 1,185 words · no verdicts yet

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This law tells the government's IP enforcement coordinator to write a Joint Strategic Plan against counterfeiting and piracy. The plan must list priorities, resources, and coordination steps across federal agencies. It also covers helping foreign governments and must be shared with Congress and the public.

(a) Purpose. This subsection lists the objectives of the Joint Strategic Plan (the "joint strategic plan") required by section 8111(b)(1)(B): (1) Cut down on counterfeit and infringing goods moving through supply chains at home and abroad. (2) Find and fix weak spots or duplicated effort among federal agencies that enforce IP law, and recommend how to cut duplication in staff, materials, technology, and facilities. (3) Make sure agencies share relevant information with each other, within the limits of confidentiality, privacy, and law enforcement rules, to help arrest and prosecute people involved in counterfeiting. (4) Break up and shut down counterfeiting and infringement networks, domestic and international. (5) Help other countries better protect and enforce IP rights, and reduce the number of countries that fail to stop counterfeiting. (6) Work with other countries to set international standards and policies for protecting IP rights. (7) Protect IP rights overseas by: (A) working with other countries and swapping information about people and entities involved in counterfeiting; (B) making sure that information reaches the right U.S. law enforcement agencies; and (C) building a formal way to consult with foreign companies, industry groups, labor unions, and other interested groups. (b) Timing. The IPEC must submit the joint strategic plan to Congress — the House and Senate Judiciary and Appropriations Committees — within 12 months after October 13, 2008, and then again by December 31 of every third year after that. (c) Responsibility of the IPEC. While the plan is being developed, the IPEC must: (1) help and coordinate the work of officials from the agencies on the advisory committee named in section 8111(b)(3) who handle IP enforcement; and (2) may consult with private-sector IP enforcement experts to help the advisory committee. (d) Responsibilities of Other Departments and Agencies. The heads of the agencies on that advisory committee must: (1) assign staff with IP enforcement expertise to work with the IPEC; and (2) share relevant information with the IPEC, including enforcement statistics and their own plans, subject to confidentiality, privacy, and law enforcement rules. (e) Contents of the Plan. Each joint strategic plan must include: (1) the priorities for meeting the plan's goals; (2) the methods for reaching those priorities, including ways to make federal enforcement more efficient; (3) cost estimates for the priorities; (4) performance measures for the coming year; (5) an analysis of the threat from IP violations, including economic costs and public health and safety risks; (6) which agencies will carry out each priority; (7) a strategy for coordinating those agencies so the executive branch can hold them accountable; and (8) any other information needed to explain the costs and threats from counterfeiting, and the government's plans to reduce them. (f) Enhancing Foreign Governments' Enforcement Efforts. The plan must include training and technical assistance programs for foreign governments. These programs must: (1) use federal resources efficiently and avoid duplication; (2) prioritize countries where training will do the most good for reducing counterfeits in the U.S. market and protecting U.S. rights-holders; (3) use the priority list from the U.S. Trade Representative under section 2242(a) of title 19 to help pick those countries; and (4) develop ways to measure how well these efforts are improving foreign enforcement. (g) Dissemination of the Plan. The joint strategic plan must be posted on the White House website and shared with the public through any other means the IPEC chooses.
the actual law source: uscode.house.gov ↗public domain
(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 strategic plan”) are the following:

(1)

Reducing counterfeit and infringing goods in the domestic and international supply chain.

(2)

Identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement action against the financing, production, trafficking, or sale of counterfeit or infringing goods, including identifying duplicative efforts to enforce, investigate, and prosecute intellectual 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 recommendations on how to reduce duplication in personnel, materials, technologies, and facilities 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 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, to aid in the objective of arresting and prosecuting individuals and entities that are knowingly involved in the financing, production, trafficking, or sale of counterfeit or infringing 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 effective protection and enforcement of intellectual property rights.

(7)

Protecting intellectual property rights overseas by—

(A)

working with other countries and exchanging information with appropriate law enforcement agencies in other countries relating 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 appropriate United States law enforcement agencies in order to assist, as warranted, enforcement activities in cooperation with appropriate law enforcement agencies in other countries; and

(C)

building a formal process for consulting with companies, industry associations, labor unions, and other interested groups in other countries with respect to intellectual 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 Judiciary and the Committee on Appropriations of the Senate, and to the Committee on the Judiciary 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 coordinate the meetings and efforts of, the appropriate officers and employees of departments and agencies represented on the advisory committee 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 furtherance of providing assistance to the members 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 departments and agencies identified under section 8111(b)(3) of this title shall—

(1)

designate personnel with expertise and experience in intellectual property enforcement matters to work with the IPEC and other members of the advisory committee; and

(2)

share relevant department or agency information with the IPEC and other members of the advisory committee, including statistical information on the enforcement activities of the department or agency against counterfeiting or infringement, and plans for addressing the joint strategic plan, to the extent permitted by law, including requirements relating 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 following:

(1)

A description of the priorities identified for carrying out the objectives in the joint strategic plan, including activities of the Federal Government relating to intellectual property enforcement.

(2)

A description of the means to be employed to achieve the priorities, including the means for improving the efficiency and effectiveness of the Federal Government’s enforcement efforts against counterfeiting and infringement.

(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 violations of intellectual property rights, including the costs to the economy of the United States resulting from violations of intellectual property laws, and the threats to public health and safety created by counterfeiting and infringement.

(6)

An identification of the departments and agencies that will be involved in implementing each priority under paragraph (1).

(7)

A strategy for ensuring coordination among the departments and agencies identified under paragraph (6), which will facilitate oversight by the executive branch of, and accountability 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 infringement, 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 governments

The joint strategic plan shall include programs to provide training and technical assistance to foreign governments for the purpose of enhancing the efforts of such governments to enforce laws against counterfeiting and infringement. With respect to such programs, the joint strategic plan shall—

(1)

seek to enhance the efficiency and consistency with which Federal resources are expended, and seek to minimize duplication, overlap, or inconsistency of efforts;

(2)

identify and give priority to those countries 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 intellectual property rights of United States persons 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 paragraph (2), be guided by the list of countries identified by the United States Trade Representative under section 2242(a) of title 19; and

(4)

develop metrics to measure the effectiveness 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.

Source credit: (Pub. L. 110–403, title III, § 303, Oct. 13, 2008, 122 Stat. 4266.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-403 · 122 Stat. 4266

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-403 on 2008-10-13.

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