§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 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.

(7) The Coordinator for International Intellectual Property Enforcement.

(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; Pub. L. 108–447, div. B, title II, §210, Dec. 8, 2004, 118 Stat. 2884 .)

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

2004-Subsec. (a)(7). Pub. L. 108–447 added par. (7).

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 "Assistant Secretary of Commerce and 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.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Coordinator for International Intellectual Property Enforcement

Pub. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2872 , provided in part: "That there shall be at the head of the National Intellectual Property Law Enforcement Coordination Council a Coordinator for International Intellectual Property Enforcement: Provided further, That the Coordinator for International Intellectual Property Enforcement shall be appointed by the President: Provided further, That no person shall serve as the Coordinator for International Intellectual Property Enforcement while serving in any other position in the Federal Government: Provided further, That the co-chairs of the National Intellectual Property Law Enforcement Coordination Council, as designated by Public Law 106–58 [see subsec. (a) of this section], shall report to the Coordinator for International Intellectual Property Enforcement on matters concerning the National Intellectual Property Law Enforcement Coordination Council: Provided further, That the National Intellectual Property Law Enforcement Coordination Council shall-

"(1) establish policies, objectives, and priorities concerning international intellectual property protection and intellectual property law enforcement;

"(2) promulgate a strategy for protecting American intellectual property overseas; and

"(3) coordinate and oversee implementation by agencies with responsibilities for intellectual property protection and intellectual property law enforcement of the policies, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities assigned to such agencies in the strategy described in paragraph (2):

Provided further, That the Coordinator for International Intellectual Property Enforcement shall develop for each fiscal year, with the advice of the members of the National Intellectual Property Law Enforcement Coordination Council and any other departments and agencies with responsibilities for intellectual property protection and intellectual property law enforcement, a budget proposal to implement the strategy described in paragraph (2) and for the operations of the National Intellectual Property Law Enforcement Coordination Council, and shall transmit such budget proposal to the President and to the Congress: Provided further, That the Coordinator for International Intellectual Property Enforcement may select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out the functions of the National Intellectual Property Law Enforcement Coordination Council: Provided further, That the Coordinator for International Intellectual Property Enforcement may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency."

¹ So in original. Probably should be capitalized.