Beruflich Dokumente
Kultur Dokumente
109TH CONGRESS
2D SESSION
H. R.
To amend titles 17 and 18, United States Code, to strengthen the protection
of intellectual property, and for other purposes.
A BILL
To amend titles 17 and 18, United States Code, to strength-
en the protection of intellectual property, and for other
purposes.
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1 (2) in subsection (a)—
2 (A) in the first sentence, by striking ‘‘no
3 action’’ and inserting ‘‘no civil action’’; and
4 (B) in the second sentence, by striking ‘‘an
5 action’’ and inserting ‘‘a civil action’’;
6 (3) in subsection (b), by striking ‘‘506 and sec-
7 tions 509 and’’ and inserting ‘‘505 and section’’.
8 (b) CONFORMING AMENDMENT.—The item relating
9 to section 411 in the table of sections for chapter 4 of
10 title 17, United States Code, is amended to read as fol-
11 lows:
‘‘411. Registration and civil infringement actions.’’.
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1 SEC. 4. CRIMINAL INFRINGEMENT.
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1 relating to this section shall be subject to section 2323
2 of title 18, to the extent provided in that section[, in addi-
3 tion to any other similar remedies provided by law]. ’’.
4 (c) CONFORMING AMENDMENT.—Section 509 of title
5 17, United States Code, and the item relating to that sec-
6 tion in the table of sections for chapter 5 of such title,
7 are repealed.
8 SEC. 5. IMPORTATION AND EXPORTATION.
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1 is an infringement of the exclusive right to distribute cop-
2 ies or phonorecords under section 106 and is actionable
3 under sections 501 and 506.
4 ‘‘(3) This subsection does not apply to—’’;
5 (5) in subparagraph (A), as redesignated, by in-
6 serting ‘‘or exportation’’ after ‘‘importation’’;
7 (6) in subparagraph (B), as redesignated—
8 (A) by striking ‘‘, for the private use of the
9 importer’’ and inserting ‘‘or exportation, for the
10 private use of the importer or exporter’’; and
11 (B) by inserting ‘‘or departing from the
12 United States’’ after ‘‘outside the United
13 States’’.
14 (b) CONFORMING AMENDMENTS.—(1) The section
15 heading for section 602 of title 17, United States Code,
16 is amended by inserting ‘‘or exportation’’ after ‘‘im-
17 portation’’.
18 (2) The table of sections for chapter 6 of title 17,
19 United States Code, is amended by inserting ‘‘or expor-
20 tation’’ after ‘‘importation’’.
21 (3) The heading for chapter 6 of title 17, United
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1 (4) The item relating to chapter 6 in the table of
2 chapters for title 17, United States Code, is amended to
3 read as follows:
‘‘6. Manufacturing Requirements, Importation, and Ex-
portation ................................................................... 601’’.
5 TEMS.
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1 (i) in subparagraph (A), by striking
2 ‘‘and’’ after the semicolon;
3 (ii) in subparagraph (B), by striking
4 the period and inserting ‘‘; and’’; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(C) the term ‘traffic in’ means to transport,
8 transfer, or otherwise dispose of, to another, or to
9 make, import, export, obtain control of, or possess,
10 with intent to so transport, transfer, or otherwise
11 dispose of.’’.
12 SEC. 7. FRAUD IN AUTHENTICATION PROCEDURES.
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1 ‘‘(5) the term ‘traffic in’ means to transport,
2 transfer, or otherwise dispose of, to another, or to
3 make, import, export, obtain control of, or possess,
4 with intent to so transport, transfer, or otherwise
5 dispose of; ’’.
6 SEC. 9. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.
17 COPYRIGHTED.
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1 (C) by striking ‘‘Whoever’’ and inserting
2 ‘‘(1) Whoever’’;
3 (D) by striking ‘‘5 years’’ and inserting
4 ‘‘10 years’’; and
5 (E) by adding at the end the following:
6 ‘‘(2) Whoever is convicted of an offense under para-
7 graph (1), having previously been convicted of a [felony]
8 offense under this section, under section 1204(a) of title
9 17, or section 2319, 2319A, or 2319B of this title, shall
10 be imprisoned not more than 20 years, fined under this
11 title, or both.’’.
12 (2) Section 2318(d) is amended to read as fol-
13 lows:
14 ‘‘(d) FORFEITURE AND DESTRUCTION OF PROPERTY;
15 RESTITUTION.—Forfeiture, destruction, and restitution
16 relating to this section shall be subject to section 2323,
17 to the extent provided in that section[, in addition to any
18 other similar remedies provided by law].’’.
19 (3) Section 2318 is further amended by striking
20 subsection (e) and redesignating subsection (f) as
21 subsection (e).
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1 (A) in paragraph (1), by striking ‘‘5
2 years’’ and inserting ‘‘10 years’’; and
3 (B) in paragraph (2)—
4 (i) by striking ‘‘10 years’’ and insert-
5 ing ‘‘20 years’’; and
6 (ii) by striking ‘‘if the offense is a sec-
7 ond or subsequent offense under paragraph
8 (1)’’ and inserting ‘‘if the offense was com-
9 mitted after a prior felony conviction under
10 this section, under section 1204(a) of title
11 17, or under section 2318, 2319A, or
12 2319B of this title’’; and
13 (2) in subsection (c)—
14 (A) in paragraph (1), by striking ‘‘3
15 years’’ and inserting ‘‘10 years’’; and
16 (B) in paragraph (2)—
17 (i) by striking ‘‘6 years’’ and inserting
18 ‘‘20 years’’; and
19 (ii) by striking ‘‘if the offense is a sec-
20 ond or subsequent offense under paragraph
21 (1)’’ and inserting ‘‘if the offense was com-
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1 SEC. 12. UNAUTHORIZED FIXATION OF AND TRAFFICKING
3 FORMANCES.
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1 (A) by striking subsection (c) and redesig-
2 nating subsections (d), (e), and (f) as sub-
3 sections (c), (d), and (e), respectively; and
4 (B) by amending subsection (b) to read as
5 follows:
6 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY;
7 RESTITUTION.—Forfeiture, destruction, and restitution
8 relating to this section shall be subject to section 2323,
9 to the extent provided in that section[, in addition to any
10 other similar remedies provided by law]. ’’.
11 SEC. 13. UNAUTHORIZED RECORDING OF MOTION PIC-
12 TURES.
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1 offense under paragraph (1), under section 1204(a) of
2 title 17, or under section 2318, 2319, or 2319A of this
3 title, shall be imprisoned not more than 20 years, fined
4 under this title, or both.
5 ‘‘(3) The possession’’.
6 (2) Section 2319B(b) is amended to read as fol-
7 lows:
8 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY;
9 RESTITUTION.—Forfeiture, destruction, and restitution
10 relating to this section shall be subject to section 2323,
11 to the extent provided in that section[, in addition to any
12 other similar remedies provided by law].’’.
13 SEC. 14. TRAFFICKING IN COUNTERFEIT GOODS OR SERV-
14 ICES.
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1 (D) by adding at the end the following:
2 ‘‘(2) SERIOUS BODILY HARM OR DEATH.—
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1 ‘‘§ 2323. Forfeiture, destruction, and restitution
2 ‘‘(a) CIVIL FORFEITURE.—
3 ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.—
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1 ‘‘(b) CRIMINAL FORFEITURE.—
2 ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.—
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1 ‘‘(ii) shall order the destruction or
2 other lawful disposition of any infringing
3 items or other property described in sub-
4 section (a)(1)(A) and forfeited under para-
5 graph (1) of this subsection.
6 ‘‘(c) RESTITUTION.—When a person is convicted of
7 an offense under section 506 or 1204 of title 17 or section
8 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of
9 this title, the court, pursuant to section 3556 of this title,
10 shall order the person to pay restitution to any victim of
11 the offense as an offense against property referred to in
12 section 3663A(c)(1)(A)(ii) of this title.’’.
13 (b) CONFORMING AMENDMENT.—The table of sec-
14 tions for chapter 111 of title 18, United States Code, is
15 amended by adding at the end the following new items:
‘‘2323. Forfeiture, destruction, and restitution.’’.
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1 thorized fixation of and trafficking in sound record-
2 ings and music videos of live musical performances),
3 section 2320 (trafficking in counterfeit goods or
4 services),’’ before ‘‘sections 2421’’.
5 SEC. 17. IMPROVED INVESTIGATIVE AND FORENSIC RE-
8 CRIMES.
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1 ing or intellectual property crimes is assigned 2
2 agents of the Federal Bureau of Investigation (in
3 addition to any agent assigned to such unit as of the
4 date of the enactment of this Act) to support such
5 unit for the purpose of investigating or prosecuting
6 such crimes; and
7 (3) implement a comprehensive program—
8 (A) the purpose of which is to train agents
9 of the Federal Bureau of Investigation in the
10 investigation and prosecution of such crimes
11 and the enforcement of laws related to such
12 crimes;
13 (B) that includes relevant forensic training
14 related to investigating and prosecuting such
15 crimes; and
16 (C) that requires such agents who inves-
17 tigate or prosecute such crimes to attend the
18 program annually.
19 (b) INTELLECTUAL PROPERTY LAW ENFORCEMENT
20 COORDINATORS.—Not later than 120 days after the date
21 of the enactment of this Act, the Attorney General shall
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1 of intellectual property laws between the United States
2 and foreign nations.
3 (c) ORGANIZED CRIME TASK FORCE.—Not later
4 than 120 days after the date of the enactment of this Act,
5 the Attorney General, through the United States Attor-
6 neys’ Offices, the Computer Crime and Intellectual Prop-
7 erty section, and the Organized Crime and Racketeering
8 section of the Department of Justice, and in consultation
9 with the Federal Bureau of Investigation and other Fed-
10 eral law enforcement agencies, shall create a Task Force
11 to develop and implement a comprehensive, long-range
12 plan to investigate and prosecute international organized
13 crime syndicates engaging in or supporting crimes relating
14 to the theft of intellectual property.
15 (d) AUTHORIZATION.—There are authorized to be ap-
16 propriated to carry out this section $12,000,000 for each
17 of fiscal years 2007 through 2011.
18 SEC. 18. ADDITIONAL FUNDING FOR RESOURCES TO INVES-
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1 there are authorized to be appropriated for each of
2 the fiscal years 2007 through 2011—
3 (A) $10,000,000 to the Director of the
4 Federal Bureau of Investigation; and
5 (B) $10,000,000 to the Attorney General
6 for the Criminal Division of the Department of
7 Justice.
8 (2) AVAILABILITY.—Any amounts appropriated
9 under paragraph (1) shall remain available until ex-
10 pended.
11 (b) USE OF ADDITIONAL FUNDING.—Funds made
12 available under subsection (a) shall be used by the Direc-
13 tor of the Federal Bureau of Investigation and the Attor-
14 ney General, for the Federal Bureau of Investigation and
15 the Criminal Division of the Department of Justice, re-
16 spectively, to—
17 (1) hire and train law enforcement officers to—
18 (A) investigate crimes committed through
19 the use of computers and other information
20 technology, including through the use of the
21 Internet; and
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1 SEC. 19. TECHNICAL AMENDMENTS.
22 510’’; and
23 (ii) in paragraph (2), by striking ‘‘and
24 509’’.
25 (3) Section 115(c) of title 17, United States
26 Code, is amended—
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1 (A) in paragraph (3)(G)(i), by striking
2 ‘‘and 509’’; and
3 (B) in paragraph (6), by striking ‘‘and
4 509’’.
5 (4) Section 119(a) of title 17, United States
6 Code, is amended—
7 (A) in paragraph (6), by striking ‘‘sections
8 509 and 510’’ and inserting ‘‘section 510’’;
9 (B) in paragraph (7)(A), by striking ‘‘and
10 509’’;
11 (C) in paragraph (8), by striking ‘‘and
12 509’’; and
13 (D) in paragraph (13), by striking ‘‘and
14 509’’.
15 (5) Section 122 of title 17, United States Code,
16 is amended—
17 (A) in subsection (d), by striking ‘‘and
18 509’’;
19 (B) in subsection (e), by striking ‘‘sections
20 509 and 510’’ and inserting ‘‘section 510’’; and
21 (C) in subsection (f)(1), by striking ‘‘and
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22 509’’.
23 (6) Section 411(b) of title 17, United States
24 Code, is amended by striking ‘‘sections 509 and
25 510’’ and inserting ‘‘section 510’’.
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1 (b) OTHER AMENDMENTS.—Section 596(c)(2)(c) of
2 the Tariff Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is
3 amended by striking ‘‘or 509’’.
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