USC Subchapter III

in effect

19 U.S.C. § 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.

19 U.S.C. § 4342 Notification of persons injured by circumvention devices

(1) In generalNot later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of section 1595a(c)(2) of this title, 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 informationAny person injured by the violation of subsection (a)(2) or (b)(1) of section 1201 of title 17 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) RegulationsNot later than the date that is one year after February 24, 2016, the Secretary of the Treasury shall prescribe regulations establishing procedures that implement this section.

19 U.S.C. § 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.

19 U.S.C. § 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 generalThe 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 sharingThe 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.

19 U.S.C. § 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.

19 U.S.C. § 4346 Personnel dedicated to the enforcement of intellectual property rights

(a) Personnel of U.S. Customs and Border ProtectionThe 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 CenterThe 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.

19 U.S.C. § 4347 Training with respect to the enforcement of intellectual property rights

(a) TrainingThe 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 sectorThe 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 technologiesIn 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 technologyNot later than the date that is 180 days after February 24, 2016, 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.

19 U.S.C. § 4348 International cooperation and information sharing

(a) CooperationThe 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 assistanceThe 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 collaborationThe 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.

19 U.S.C. § 4349 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 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.

19 U.S.C. § 4350 Information for travelers regarding violations of intellectual property rights

(a) In generalThe 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 formsThe 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 February 24, 2016, 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.