Intellectual Property Rights Enforcement Act - Establishes the Intellectual Property Enforcement Network, consisting of specified representatives of various government agencies, to: (1) establish policies, objectives, and priorities concerning international intellectual property protection and law enforcement; (2) protect U.S. intellectual property rights overseas, including by creating an international task force; and (3) coordinate and oversee implementation of such policies, objectives, and priorities by relevant agencies.
Requires the Deputy Director of the Central Intelligence Agency (CIA) to: (1) provide information to members and employees of the Network with appropriate security clearance; and (2) assign CIA employees to work on achieving suchpolicies, objectives, and priorities.
Requires the agencies in the Network to: (1) share the information they collect; (2) coordinate civil and criminal actions related to intellectual property rights; (3) establish formal processes for working with state and local government agencies and consulting with companies, labor unions, writers, artists, and other interested persons and groups; and (4) consult with the Register of Copyrights on law enforcement matters.
Urges the President and relevant agency officers, when meeting with certain foreign countries, to stress the importance of establishing and participating in the international task force.
Calls for other government intellectual property initiatives to be consolidated into the work of the Network to prevent duplication.
Amends the Treasury and General Government Appropriations Act, 2000 to repeal provisions establishing the National Intellectual Property Law Enforcement Coordination Council.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1984 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1984
To safeguard the national security and economic health of the United
States by improving the management, coordination, and effectiveness of
domestic and international intellectual property rights enforcement,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 9, 2005
Mr. Bayh (for himself and Mr. Voinovich) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To safeguard the national security and economic health of the United
States by improving the management, coordination, and effectiveness of
domestic and international intellectual property rights enforcement,
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.
This Act may be cited as the ``The Intellectual Property Rights
Enforcement Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Funds generated from intellectual property theft have
financed acts of terrorism.
(2) Terrorist groups have advocated the sale of counterfeit
goods to finance their activities.
(3) Counterfeit medicines and automobile and aviation parts
have resulted in serious health problems and death.
(4) The greatest economic assets of the United States are
its innovators, entrepreneurs, and workers.
(5) Counterfeiting and piracy costs United States
businesses, authors, and artists hundreds of billions of
dollars annually.
(6) Counterfeiting and piracy has resulted in the loss of
hundreds of thousands of American jobs.
(7) The World Customs Organization estimates that up to 7
percent of global trade is in counterfeit goods.
(8) The World Customs Organization estimates that global
trade in counterfeit and pirated goods has increased from
$5,500,000,000 to more than $600,000,000,000 annually.
(9) The domestic and international efforts of the United
States to curb intellectual property theft have largely been
ineffective.
(10) The efforts to enforce intellectual property rights
should be elevated to the same level as the efforts of the
United States to combat other crimes, including money
laundering.
(11) The domestic and international efforts of the United
States to combat money laundering serves as a useful model for
strengthening domestic and international intellectual property
rights enforcement.
(12) The Financial Crimes Enforcement Network (FinCEN)
represents a key effort by the United States to combat money
laundering and other financial crimes.
(13) FinCEN has effectively enhanced the exchange of
information relating to money laundering and terrorist
financing, both domestically and internationally.
(14) FinCEN combats money laundering internationally by
partnering with other enforcement-minded countries through the
Financial Action Task Force (FATF) and Egmont.
(15) FATF members have established effective standards that
they collectively agree to implement and against which they
agree to be assessed through peer review.
(16) The success of intellectual property rights
enforcement requires that United States Government agencies
form an effective network to share information for the purpose
of enhancing the enforcement capabilities of each agency.
(17) The success of intellectual property enforcement
requires that a network of government agencies work closely
with Federal, State, and local law enforcement.
(18) The success of international intellectual property
rights enforcement requires that the United States partner with
other countries that also suffer from extensive intellectual
property theft.
(19) The success of international intellectual property
rights enforcement requires that the United States share
intelligence within an effective international task force of
countries that are dedicated to achieving results in the fight
against intellectual property theft.
(20) The success of international intellectual property
rights enforcement will be enhanced if the United States and
other reliable international partners engage in joint
enforcement operations.
(21) An effective exchange of intelligence domestically and
internationally will enhance the ability of the United States
Trade Representative to enforce violations of trade agreements.
(22) The success of domestic and international intellectual
property rights enforcement requires an effective partnership
between the public and private sector, and other interested
groups.
SEC. 3. THE INTELLECTUAL PROPERTY ENFORCEMENT NETWORK.
(a) Establishment.--
(1) In general.--There is established the Intellectual
Property Enforcement Network (in this section referred to as
the ``Network'').
(2) Membership.--The Network shall consist of the following
officials:
(A) The Deputy Director for Management of the
Office of Management and Budget (OMB), who shall serve
as the chairperson of the Network.
(B) The Deputy Attorney General.
(C) The Deputy Secretary for Homeland Security.
(D) The Under Secretary of Treasury for Terrorism
and Financial Intelligence.
(E) The Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office.
(F) The Deputy Secretary of State.
(G) The Deputy United States Trade Representative.
(H) The Under Secretary of Commerce for
International Trade.
(I) The Deputy Director of the Central Intelligence
Agency.
(J) The Coordinator for Intellectual Property
Enforcement.
(K) Such other officials as the members of the
Network shall consider necessary and appropriate.
(b) Organization.--
(1) Meetings.--The Network shall meet at least once every 6
months to approve the ongoing operations of the Network, to
provide overall direction, to approve the report referred to in
subsection (h), and to approve the budget referred to in
paragraph (2)(B)(ii).
(2) Coordinator.--
(A) In general.--The day-to-day functions of the
Network shall be carried out by a Coordinator for
Intellectual Property Enforcement (in this Act referred
to as the ``Coordinator'') who shall be appointed by
the President.
(B) Other responsibilities.--In addition to the
responsibilities described in subparagraph (A), the
Coordinator shall be responsible for the following:
(i) Developing for each fiscal year, with
the advice of the officials of the Network and
any other departments and agencies with
responsibilities for intellectual property
rights protection and intellectual property law
enforcement, a budget proposal to implement the
policies, objectives, and priorities described
in subsection (c).
(ii) Drafting and transmitting to the
President and the Congress the report
referenced in subsection (h).
(c) Duties.--The Network established under subsection (a) shall be
responsible for the following:
(1) Establishing policies, objectives, and priorities
concerning international intellectual property protection and
intellectual property law enforcement. The policies,
objectives, and priorities shall include--
(A) eliminating counterfeit and pirated goods from
the international supply chain;
(B) identifying individuals, companies, banks, and
other entities involved in the financing, production,
trafficking, and sale of counterfeit and pirated goods;
(C) arresting and prosecuting persons who are
knowingly involved in the financing, production,
trafficking, and sale of counterfeit and pirated goods;
(D) disrupting and shutting down counterfeit and
piracy networks;
(E) reducing the number of countries that fail to
enforce laws that prevent the financing, production,
trafficking, and sale of counterfeit and pirated goods;
and
(F) establishing international standards for
effective intellectual property protection and
enforcement.
(2) Protecting United States intellectual property rights
overseas, including--
(A) working with similar networks in foreign
countries to create a small and effective international
intellectual property enforcement task force (in this
Act referred to as the ``international task force'');
(B) ensuring the international task force described
in subparagraph (A) consists of networks in countries
that--
(i) have intellectual property theft
problems that are similar to those of the
United States;
(ii) have adequate and effective laws
protecting copyrights, trademarks, and patents;
(iii) have legal regimes that permit
enforcement, and are taking a serious approach
to enforcement, including a track record of
arresting and prosecuting intellectual property
criminals;
(iv) have officials who have ex-officio
authority to seize, inspect, and destroy
pirated and counterfeit goods at ports of entry
(or are working toward providing their
officials with the authority);
(v) have officials who can order the
seizure of pirated and counterfeit goods (or
are working toward providing their officials
with the authority);
(vi) have laws in place that permit
officials to seize property used to produce
pirated and counterfeit goods (or are working
toward providing their officials with the
authority);
(vii) are not on the Priority Watch List
issued by the United States Trade
Representative under the Trade Act of 1974; and
(viii) have met additional standards to be
established by the international task force.
(C) exchanging intelligence with networks in the
international task force relating to individuals and
entities involved in financing, production,
trafficking, and sale of pirated and counterfeit goods;
(D) utilizing the intelligence to conduct
enforcement activities in cooperation with the networks
of other countries in the international task force; and
(E) building a formal process for consulting with
companies, industry associations, labor unions, and
other interested groups in the countries that have
networks in the international task force.
(3) Coordinating and overseeing implementation by agencies
with responsibility for intellectual property protection and
intellectual property law enforcement of the policies,
objectives, and priorities described in paragraph (1) and the
fulfillment of the responsibilities assigned to such agencies
to complete the actions described in paragraph (2).
(d) Staff.--
(1) In general.--The Coordinator shall, in consultation
with affected agencies, appoint, and fix the compensation of,
such officers and employees of the Network as may be necessary
to carry out the functions of the Network and may request the
temporary assignment of personnel from any department or
agency.
(2) Assignment and cooperation of other federal
employees.--Each member of the Network listed in subsection (a)
shall designate personnel from their department or agency to
work with the Network and shall ensure that all units in their
agencies that have responsibility for intellectual property
enforcement provide information and personnel to the Network in
order for the Network to achieve the priorities, objectives,
and policies described in subsection (c)(1).
(3) Central intelligence agency information and
personnel.--The Deputy Director of the Central Intelligence
Agency shall--
(A) provide information to members and employees of
the Network with appropriate security clearance; and
(B) assign employees of the Central Intelligence
Agency to work on achieving the priorities, objectives,
and policies described in subsection (c).
(e) Responsibility of Agencies Represented in the Network.--The
agencies in the Network shall take the following actions:
(1) Share amongst themselves the information they collect
to increase the intelligence and effectiveness of law
enforcement with respect to intellectual property rights.
(2) Coordinate civil and criminal actions with respect to
persons who violate intellectual property rights.
(3) Utilize information collected domestically, and from
other countries in the international task force, to--
(A) investigate, arrest, and prosecute entities and
individuals involved in financing, producing,
trafficking, and selling counterfeit and pirated goods;
(B) aid the United States Bureau of Customs and
Border Protection and other agencies in identifying,
seizing, and destroying counterfeit and pirated goods;
(C) aid the United States Trade Representative in
bringing cases in the World Trade Organization against
countries with a poor record of enforcing World Trade
Organization intellectual property rules; and
(D) aid the United States Trade Representative in
bringing cases under the dispute settlement procedures
of free trade agreements.
(4) Establish a formal process for working with State and
local government agencies to investigate, arrest, and prosecute
entities and individuals involved in the financing, production,
trafficking, and sale of counterfeit and pirated goods.
(5) Establish a formal process for consulting with
companies, their designated representatives, and industry
associations to strengthen enforcement.
(6) Establish a formal process for consulting with labor
unions, writers and artists (and their organizations and
unions), and other interested persons and groups that suffer
from counterfeiting and piracy.
(f) Consultation Required.--The members of the Network shall
consult with the Register of Copyrights on law enforcement matters
relating to copyright and related rights and matters.
(g) Priority in International Talks.--Considering the threat that
counterfeit and pirated goods pose to the economic health and national
security of the United States, the President and relevant agency
officers, when meeting with foreign countries described in subsection
(c)(2)(B), should--
(1) stress the importance of establishing the international
task force described in subsection (c)(2)(A);
(2) strongly encourage countries to participate in the
international task force; and
(3) strongly encourage countries participating in the
international task force to cooperate with the United States in
ensuring the success of the international task force.
(h) Report.--
(1) In general.--The Director of the Office of Management
and Budget and the Coordinator shall report annually on the
Network's enforcement and coordination activities to the
President, and to the Committees on Homeland Security and
Governmental Affairs and Appropriations of the Senate, and the
Committees on Government Reform and Appropriations of the House
of Representatives.
(2) Contents.--The report required by this subsection shall
include the following information:
(A) The progress made toward establishing an
international task force described in subsection
(c)(2).
(B) The progress made in working with foreign
networks in the international task force to
investigate, arrest, and prosecute entities and
individuals involved in the financing, production,
trafficking, and sale of counterfeit and pirated goods.
(C) The manner in which the agencies that are
members of the Network are working together and sharing
information to strengthen intellectual property
enforcement.
(D) For each foreign network admitted or denied
entry into the international task force, the rationale
for admitting or denying entry to that network,
including reasons for admitting networks from those
countries that are currently on the Watch List issued
by the United States Trade Representative.
(E) The successes and challenges in sharing
intelligence with countries in the international task
force.
(F) The progress of the United States Trade
Representative in bringing cases in the World Trade
Organization against countries with a poor record of
enforcing World Trade Organization intellectual
property rules.
(G) The progress made in establishing and improving
the formal process described in subsection (e)(4).
(H) The progress made in establishing and improving
the formal process described in subsection (e)(5).
(I) The progress made in establishing and improving
the formal process described in subsection (e)(6).
(i) Government Accountability Office Report.--Not later than 1 year
after the date of enactment of this Act, the Comptroller General of the
United States shall complete a report and submit the report to the
Congress on the progress made on the items described in subsection (h).
(j) Other Intellectual Property Activities.--If other government
intellectual property initiatives include enforcement activities
similar or identical to the activities described in this Act, those
activities should be consolidated into the work of the Network in order
to prevent duplication. Other activities that may improve enforcement
may continue outside of the Network, including capacity building,
outreach to countries that would not qualify for membership in the
international task force, and other bilateral and multilateral
cooperative efforts.
SEC. 4. NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION
COUNCIL REPEAL.
Section 653 of the Treasury and General Government Appropriations
Act, 2000 (15 U.S.C. 1128) is repealed.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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