Appendix F - Circular 9. Section 1 · Short Title; Table of Contents.(a) Short Title.—This Act may be cited as the “Prioritizing Resources and Organization for Intellectual Property Act of 2. Sec. 2 · Reference. Any reference in this Act to the “Trademark Act of 1. Act entitled “An Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1. U. S. C. 1. 05. 1 et seq.). Sec. 3 · Definition. In this Act, the term “United States person” means—(1) any United States resident or national,(2) any domestic concern (including any permanent domestic establish- ment of any foreign concern), and(3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern,except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3). Title I—Enhancements to Civil Intellectual Property Laws* * * * * * *Sec. Civil Remedies for Infringement.* * * * * * *(b) Protective Order for Seized Records.—Section 3. Trademark Act (1. U. S. C. 1. 11. 6(d)(7)) is amended to read as follows: “(7) Any materials seized under this subsection shall be taken into the custody of the court. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. ![]() The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. Sec. 1. 03 · Treble Damages in Counterfeiting Cases. Section 3. 5(b) of the Trademark Act of 1. U. S. C. 1. 11. 7(b)) is amended to read as follows: “(b) In assessing damages under subsection (a) for any violation of section 3. Act or section 2. United States Code, in a case involving use of a counterfeit mark or designation (as defined in section 3. Act), the court shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever amount is greater, together with a reasonable attorney’s fee, if the violation consists of—“(1) intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 3. Computer Crime and Intellectual Property Section of the Department of Justice (DoJ), Computer Hacking and Intellectual Property Unit of the DoJ. Managing Intellectual Property magazine is published 10. is currently the Chief of the Computer Hacking and Intellectual Property. CHIP Unit, which was the. Classification. Computer crime encompasses a broad range of activities. Fraud and financial crimes. DOJ Cybercrime Efforts That Led To New Cybersecurity Unit. Computer Hacking and Intellectual Property. computer crime and intellectual property. Intellectual Property and Computer Crimes (Intellectual Property. the expanded scope of computer hacking. and Computer Crimes (Intellectual Property usiness. Act), in connection with the sale, offering for sale, or distribution of goods or services; or“(2) providing goods or services necessary to the commission of a violation specified in paragraph (1), with the intent that the recipient of the goods or services would put the goods or services to use in committing the violation. In such a case, the court may award prejudgment interest on such amount at an annual interest rate established under section 6. Internal Revenue Code of 1. Sec. 1. 04 · Statutory Damages in Counterfeiting Cases. Section 3. 5(c) of the Trademark Act of 1. U. S. C. 1. 11. 7) is amended—(1) in paragraph (1)—(A) by striking “$5. B) by striking “$1. Title II—Enhancements to Criminal Intellectual Property Laws* * * * * * *Sec. Trafficking in Counterfeit Goods or Services.(a) In General.—Section 2. United States Code, is amended—(1) in subsection (a)—(A) by striking “Whoever” and inserting “Offense.—” “(1) In general.—Whoever; ”; (B) by moving the remaining text 2 ems to the right; and(C) by adding at the end the following: “(2) Serious bodily harm or death.—“(A) Serious bodily harm.—If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 2. B) Death.—If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.’’; and(2) by adding at the end the following: “(h) Transshipment and Exportation.—No goods or services, the traf- ficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 4. Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1. Trademark Act of 1. Criminal Computer Crime and Intellectual Property. The Computer Crime and Intellectual Property. strategies in combating computer and intellectual property. MATT PARRELLA is currently the Chief of the Computer Hacking and Intellectual Property. The NDCA CHIP Unit. Property by American Conference Institute -. Intellectual Property Theft. Computer Hacking & Intellectual Property Unit, Deferred. edge legal issues relating to the protection of computer. Matt Parrella. Assistant United States Attorney Matt Parrella is currently the Chief of the Computer Hacking and Intellectual Property (CHIP) Unit for the U.S. Lanham Act’).”.(b) Forfeiture and Destruction of Property; Restitution.—Section 2. United States Code, is amended to read as follows: “(b) Forfeiture and Destruction of Property; Restitution.—For- feiture, destruction, and restitution relating to this section shall be subject to sec- tion 2. Sec. 2. 06 · Forfeiture, Destruction, and Restitution.* * * * * * *(b) Technical and Conforming Amendment.—The table of sections for chapter 1. United States Code, is amended by adding at the end the following: “Sec. Forfeiture, destruction, and restitution.”. Sec. 2. 07 · Forfeiture Under Economic Espionage Act. Section 1. 83. 4 of title 1. United States Code, is amended to read as follows: “Sec. Criminal Forfeiture.“Forfeiture, destruction, and restitution relating to this chaptershall be subject to section 2. Sec. 2. 09 · Technical and Conforming Amendments.* * * * * * *(b) Other Amendments.—Section 5. Tariff Act of 1. 95. U. S. C. 1. 59. 5a(c)(2)(c)) is amended by striking “or 5. Title III—Coordination and Strategic Planning of Federal Effort Against Counterfeiting and Infringement. Sec. 3. 01 · Intellectual Property Enforcement Coordinator.(a) Intellectual Property Enforcement Coordinator.—The President shall appoint, by and with the advice and consent of the Senate, an Intellectual Property Enforcement Coordinator (in this title referred to as the “IPEC”) to serve within the Executive Office of the President. As an exercise of the rule- making power of the Senate, any nomination of the IPEC submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on the Judiciary.(b) Duties of IPEC.—(1) In general.—The IPEC shall—(A) chair the interagency intellectual property enforcement advisory committee established under subsection (b)(3)(A); (B) coordinate the development of the Joint Strategic Plan against counterfeiting and infringement by the advisory committee under section 3. C) assist, at the request of the departments and agencies listed in subsection (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guidance to departments and agencies on basic issues of policy and interpretation, to the extent necessary to assure the coordination of intellectual property enforcement policy and consistency with other law; (E) report to the President and report to Congress, to the extent consistent with law, regarding domestic and international intellectual property enforcement programs; (F) report to Congress, as provided in section 3.
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