Collapse to view only § 4341. Definition of intellectual property rights
- § 4341. Definition of intellectual property rights
- § 4342. Notification of persons injured by circumvention devices
- § 4343. Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending
- § 4344. National Intellectual Property Rights Coordination Center
- § 4345. Joint strategic plan for the enforcement of intellectual property rights
- § 4346. Personnel dedicated to the enforcement of intellectual property rights
- § 4347. Training with respect to the enforcement of intellectual property rights
- § 4348. International cooperation and information sharing
- § 4349. Report on intellectual property rights enforcement
- § 4350. Information for travelers regarding violations of intellectual property rights
§ 4341. Definition of intellectual property rights
In this subchapter, the term “intellectual property rights” refers to copyrights, trademarks, and other forms of intellectual property rights that are enforced by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(Pub. L. 114–125, title III, § 301, Feb. 24, 2016, 130 Stat. 149.)
§ 4342. Notification of persons injured by circumvention devices
(1) In general
(2) Persons to be provided information
(3) Regulations
(Pub. L. 114–125, title III, § 303(b), Feb. 24, 2016, 130 Stat. 150.)
§ 4343. Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending
Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce a copyright for which the owner has submitted an application for registration under title 17 with the United States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, including by sharing information, images, and samples of merchandise suspected of infringing the copyright under section 1628a of this title.
(Pub. L. 114–125, title III, § 304, Feb. 24, 2016, 130 Stat. 150.)
§ 4344. National Intellectual Property Rights Coordination Center
(a) EstablishmentThe Secretary of Homeland Security shall—
(1) establish within U.S. Immigration and Customs Enforcement a National Intellectual Property Rights Coordination Center; and
(2) appoint an Assistant Director to head the National Intellectual Property Rights Coordination Center.
(b) DutiesThe Assistant Director of the National Intellectual Property Rights Coordination Center shall—
(1) coordinate the investigation of sources of merchandise that infringe intellectual property rights to identify organizations and individuals that produce, smuggle, or distribute such merchandise;
(2) conduct and coordinate training with other domestic and international law enforcement agencies on investigative best practices—
(A) to develop and expand the capability of such agencies to enforce intellectual property rights; and
(B) to develop metrics to assess whether the training improved enforcement of intellectual property rights;
(3) coordinate, with U.S. Customs and Border Protection, activities conducted by the United States to prevent the importation or exportation of merchandise that infringes intellectual property rights;
(4) support the international interdiction of merchandise destined for the United States that infringes intellectual property rights;
(5) collect and integrate information regarding infringement of intellectual property rights from domestic and international law enforcement agencies and other non-Federal sources;
(6) develop a means to receive and organize information regarding infringement of intellectual property rights from such agencies and other sources;
(7) disseminate information regarding infringement of intellectual property rights to other Federal agencies, as appropriate;
(8) develop and implement risk-based alert systems, in coordination with U.S. Customs and Border Protection, to improve the targeting of persons that repeatedly infringe intellectual property rights;
(9) coordinate with the offices of United States attorneys in order to develop expertise in, and assist with the investigation and prosecution of, crimes relating to the infringement of intellectual property rights; and
(10) carry out such other duties as the Secretary of Homeland Security may assign.
(c) Coordination with other agenciesIn carrying out the duties described in subsection (b), the Assistant Director of the National Intellectual Property Rights Coordination Center shall coordinate with—
(1) U.S. Customs and Border Protection;
(2) the Food and Drug Administration;
(3) the Department of Justice;
(4) the Department of Commerce, including the United States Patent and Trademark Office;
(5) the United States Postal Inspection Service;
(6) the Office of the United States Trade Representative;
(7) any Federal, State, local, or international law enforcement agencies that the Director of U.S. Immigration and Customs Enforcement considers appropriate; and
(8) any other entities that the Director considers appropriate.
(d) Private sector outreach
(1) In general
(2) Information sharing
(Pub. L. 114–125, title III, § 305, Feb. 24, 2016, 130 Stat. 151.)
§ 4345. Joint strategic plan for the enforcement of intellectual property rights
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall include in the joint strategic plan required by section 4314 of this title—
(1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights;
(2) a list of the 10 United States ports of entry at which U.S. Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual property rights during the most recent 2-year period for which data are available; and
(3) a recommendation for the optimal allocation of personnel, resources, and technology to ensure that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement are adequately enforcing intellectual property rights.
(Pub. L. 114–125, title III, § 306, Feb. 24, 2016, 130 Stat. 152.)
§ 4346. Personnel dedicated to the enforcement of intellectual property rights
(a) Personnel of U.S. Customs and Border Protection
(b) Staffing of National Intellectual Property Rights Coordination Center
The Commissioner shall—
(1) assign not fewer than 3 full-time employees of U.S. Customs and Border Protection to the National Intellectual Property Rights Coordination Center established under section 4344 of this title; and
(2) ensure that sufficient personnel are assigned to United States ports of entry to carry out the directives of the Center.
(Pub. L. 114–125, title III, § 307, Feb. 24, 2016, 130 Stat. 152.)
§ 4347. Training with respect to the enforcement of intellectual property rights
(a) Training
(b) Consultation with private sector
(c) Identification of new technologies
In consultation with private sector entities, the Commissioner shall identify—
(1) technologies with the cost-effective capability to detect and identify merchandise at United States ports of entry that infringes intellectual property rights; and
(2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies.
(d) Donations of technology
(Pub. L. 114–125, title III, § 308, Feb. 24, 2016, 130 Stat. 153.)
§ 4348. International cooperation and information sharing
(a) Cooperation
(b) Technical assistance
(c) Interagency collaboration
(Pub. L. 114–125, title III, § 309, Feb. 24, 2016, 130 Stat. 153.)
§ 4349. Report on intellectual property rights enforcementNot later than September 30, 2016, and annually thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that contains the following:
(1) With respect to the enforcement of intellectual property rights, the following:
(A) The number of referrals, during the preceding year, from U.S. Customs and Border Protection to U.S. Immigration and Customs Enforcement relating to infringement of intellectual property rights.
(B) The number of investigations relating to the infringement of intellectual property rights referred by U.S. Immigration and Customs Enforcement to a United States attorney for prosecution and the United States attorneys to which those investigations were referred.
(C) The number of such investigations accepted by each such United States attorney and the status or outcome of each such investigation.
(D) The number of such investigations that resulted in the imposition of civil or criminal penalties.
(E) A description of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve the success rates of investigations and prosecutions relating to the infringement of intellectual property rights.
(2) An estimate of the average time required by the Office of Trade established under section 2084 of this title to respond to a request from port personnel for advice with respect to whether merchandise detained by U.S. Customs and Border Protection infringed intellectual property rights, distinguished by types of intellectual property rights infringed.
(3) A summary of the outreach efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement with respect to—
(A) the interdiction and investigation of, and the sharing of information between those agencies and other Federal agencies to prevent, the infringement of intellectual property rights;
(B) collaboration with private sector entities—
(i) to identify trends in the infringement of, and technologies that infringe, intellectual property rights;
(ii) to identify opportunities for enhanced training of officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and
(iii) to develop best practices to enforce intellectual property rights; and
(C) coordination with foreign governments and international organizations with respect to the enforcement of intellectual property rights.
(4) A summary of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to address the challenges with respect to the enforcement of intellectual property rights presented by Internet commerce and the transit of small packages and an identification of the volume, value, and type of merchandise seized for infringing intellectual property rights as a result of such efforts.
(5) A summary of training relating to the enforcement of intellectual property rights conducted under section 4347 of this title and expenditures for such training.
(Pub. L. 114–125, title III, § 310, Feb. 24, 2016, 130 Stat. 153.)
§ 4350. Information for travelers regarding violations of intellectual property rights
(a) In general
(b) Declaration forms
(Pub. L. 114–125, title III, § 311, Feb. 24, 2016, 130 Stat. 155.)