§ 1128. — National Intellectual Property Law Enforcement Coordination Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1128]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 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.
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\1\ So in original. Probably should be capitalized.
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(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, Sec. 653, Sept. 29, 1999, 113 Stat. 480; Pub.
L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 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, Sec. 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.
