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Pub. L.
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Title III — Import-Related Protection of Intellectual Property Rights

114th Congress · Approved Feb 24, 2016 · 130 Stat. 122 · Lineage

TITLE III Import-Related Protection of Intellectual Property Rights

SEC. 301. Definition of Intellectual Property Rights.

In this title, 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.

SEC. 302. Exchange of Information Related to Trade Enforcement.

(a)
In General.— The Tariff Act of 1930 is amended by inserting after section 628 (19 U.S.C. 1628) the following new section:

“SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

“(a) In General.—Subject to subsections (c) and (d), if the Commissioner of U.S. Customs and Border Protection suspects that merchandise is being imported into the United States in violation of section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) of title 17, United States Code, and determines that the examination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the merchandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing—

“(1) shall provide to the person information that appears on the merchandise and its packaging and labels, including unredacted images of the merchandise and its packaging and labels; and

“(2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise.

“(b) Person Described.—A person described in this subsection is—

“(1) in the case of merchandise suspected of being imported in violation of section 526, the owner of the trademark suspected of being copied or simulated by the merchandise;

“(2) in the case of merchandise suspected of being imported in violation of section 602 of title 17, United States Code, the owner of the copyright suspected of being infringed by the merchandise;

“(3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being imported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and

“(4) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being imported in violation of section 1201(b)(1) of that title, the owner of the copyright.

“(c) Limitation.—Subsection (a) applies only with respect to merchandise suspected of infringing a trademark or copyright that is recorded with U.S. Customs and Border Protection.

“(d) Exception.—The Commissioner may not provide under subsection (a) information, photographs, or samples to a person described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement investigation or national security.”

(b)
Termination of Previous Authority.— Notwithstanding paragraph (2) of section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1496; 10 U.S.C. 2302 note), paragraph (1) of that section shall have no force or effect on or after the date of the enactment of this Act.

SEC. 303. Seizure of Circumvention Devices.

(a)
In General.— Section 596(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)) is amended—
(1)
in subparagraph (E), by striking “ or”;
(2)
in subparagraph (F), by striking the period at the end and inserting “ ; or”; and
(3)
by adding at the end the following:

“(G) U.S. Customs and Border Protection determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of section 1201 of title 17, United States Code.”

(b)
Notification of Persons Injured.—
(1)
In general.— Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of section 596(c)(2) of the Tariff Act of 1930, as added by subsection (a), the Commissioner shall provide to any person identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of U.S. Customs and Border Protection for merchandise seized for violation of the copyright laws.
(2)
Persons to be provided information.— Any person injured by the violation of subsection (a)(2) or (b)(1) of section 1201 of title 17, United States Code, that resulted in the seizure of the merchandise shall be provided information under paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner shall publish notice of the establishment of and revisions to the list in the Federal Register.
(3)
Regulations.— Not later than the date that is one year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations establishing procedures that implement this subsection.

SEC. 304. 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 the date of the enactment of this Act, 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, United States Code, 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 628A of the Tariff Act of 1930, as added by section 302.

SEC. 305. National Intellectual Property Rights Coordination Center.

(a)
Establishment.— The 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)
Duties.— The 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 Agencies.— In 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.— The Assistant Director of the National Intellectual Property Rights Coordination Center shall work with U.S. Customs and Border Protection and other Federal agencies to conduct outreach to private sector entities in order to determine trends in and methods of infringing intellectual property rights.
(2)
Information sharing.— The Assistant Director shall share information and best practices with respect to the enforcement of intellectual property rights with private sector entities, as appropriate, in order to coordinate public and private sector efforts to combat the infringement of intellectual property rights.

SEC. 306. 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 105—
(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.

SEC. 307. Personnel Dedicated to the Enforcement of Intellectual Property Rights.

(a)
Personnel of U.S. Customs and Border Protection.— The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that sufficient personnel are assigned throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellectual property rights.
(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 305; and
(2)
ensure that sufficient personnel are assigned to United States ports of entry to carry out the directives of the Center.

SEC. 308. Training with Respect to the Enforcement of Intellectual Property Rights.

(a)
Training.— The Commissioner shall ensure that officers of U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that infringes intellectual property rights, including through the use of technologies identified under subsection (c).
(b)
Consultation With Private Sector.— The Commissioner shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights.
(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.— Not later than the date that is 180 days after the date of the enactment of this Act, the Commissioner shall prescribe regulations to enable U.S. Customs and Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other support services, from private sector entities, for the purpose of enforcing intellectual property rights.

SEC. 309. International Cooperation and Information Sharing.

(a)
Cooperation.— The Secretary of Homeland Security shall coordinate with the competent law enforcement and customs authorities of foreign countries, including by sharing information relevant to enforcement actions, to enhance the efforts of the United States and such authorities to enforce intellectual property rights.
(b)
Technical Assistance.— The Secretary of Homeland Security shall provide technical assistance to competent law enforcement and customs authorities of foreign countries to enhance the ability of such authorities to enforce intellectual property rights.
(c)
Interagency Collaboration.— The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights.

SEC. 310. Report on Intellectual Property Rights Enforcement.

Not 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 4 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h) of this Act, 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 308 and expenditures for such training.

SEC. 311. Information for Travelers Regarding Violations of Intellectual Property Rights.

(a)
In General.— The Secretary of Homeland Security shall develop and carry out an educational campaign to inform travelers entering or leaving the United States about the legal, economic, and public health and safety implications of acquiring merchandise that infringes intellectual property rights outside the United States and importing such merchandise into the United States in violation of United States law.
(b)
Declaration Forms.— The Commissioner shall ensure that all versions of Declaration Form 6059B of U.S. Customs and Border Protection, or a successor form, including any electronic equivalent of Declaration Form 6059B or a successor form, printed or displayed on or after the date that is 30 days after the date of the enactment of this Act include a written warning to inform travelers arriving in the United States that importation of merchandise into the United States that infringes intellectual property rights may subject travelers to civil or criminal penalties and may pose serious risks to safety or health.