§1128. National Intellectual Property Law Enforcement Coordination Council

(a) Establishment

There is established the National Intellectual Property Law Enforcement Coordination Council (in this section referred to as the "Council"). The Council shall consist of the following members-

(1) The Assistant Secretary of Commerce and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, who shall serve as co-chair of the Council.

(2) The Assistant Attorney General, Criminal Division, who shall serve as co-chair of the Council.

(3) The Under Secretary of State for Economic and Agricultural Affairs.

(4) The Ambassador, Deputy United States Trade Representative.

(5) The Commissioner of Customs.

(6) The Under Secretary of Commerce for International Trade.

(b) Duties

The Council established in subsection (a) of this section shall coordinate domestic and international intellectual property law enforcement among federal ¹ and foreign entities.

(c) Consultation required

The Council shall consult with the Register of Copyrights on law enforcement matters relating to copyright and related rights and matters.

(d) Non-derogation

Nothing in this section shall derogate from the duties of the Secretary of State or from the duties of the United States Trade Representative as set forth in section 2171 of title 19, or from the duties and functions of the Register of Copyrights, or otherwise alter current authorities relating to copyright matters.

(e) Report

The Council shall report annually on its coordination activities to the President, and to the Committees on Appropriations and on the Judiciary of the Senate and the House of Representatives.

(f) Funding

Notwithstanding section 1346 of title 31 or section 610 of this Act, funds made available for fiscal year 2000 and hereafter by this or any other Act shall be available for interagency funding of the National Intellectual Property Law Enforcement Coordination Council.

( Pub. L. 106–58, title VI, §653, Sept. 29, 1999, 113 Stat. 480 ; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4741(b)(1)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-586.)

References in Text

This Act, referred to in subsec. (f), is Pub. L. 106–58, Sept. 29, 1999, 113 Stat. 430 , known as the Treasury and General Government Appropriations Act, 2000. Section 610 of the Act is not classified to the Code. For complete classification of this Act to the Code, see Tables.

Codification

Section was enacted as part of the Treasury and General Government Appropriations Act, 2000, and not as part of the Trademark Act of 1946, also known as the Lanham Act, which comprises this chapter.

Amendments

1999-Subsec. (a)(1). Pub. L. 106–113 substituted "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office" for "Commissioner of Patents and Trademarks".

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

¹ So in original. Probably should be capitalized.