Prioritizing Resources and Organization for Intellectual Property Act of 2008/Title I

TITLE I—ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

SEC. 101. REGISTRATION OF CLAIM.

(a) Limitation to Civil Actions; Harmless Error—

Section 411 of title 17, United States Code, is amended—

(1) in the section heading, by inserting `civil' before `infringement';

(2) in subsection (a)—

(A) in the first sentence, by striking `no action' and inserting `no civil action'; and

(B) in the second sentence, by striking `an action' and inserting `a civil action';

(3) by redesignating subsection (b) as subsection (c);

(4) in subsection (c), as so redesignated by paragraph (3), by striking `506 and sections 509 and' and inserting `505 and section'; and

(5) by inserting after subsection (a) the following:

`(b)(1) A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless—

`(A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and

`(B) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration.

`(2) In any case in which inaccurate information described under paragraph (1) is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.

`(3) Nothing in this subsection shall affect any rights, obligations, or requirements of a person related to information contained in a registration certificate, except for the institution of and remedies in infringement actions under this section and section 412.'.

(b) Technical and Conforming Amendments—

(1) Section 412 of title 17, United States Code, is amended by striking `411(b)' and inserting `411(c)'.

(2) The item relating to section 411 in the table of sections for chapter 4 of title 17, United States Code, is amended to read as follows:

`Sec. 411. Registration and civil infringement actions.'.

SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.

(a) In General—

Section 503(a) of title 17, United States Code, is amended to read as follows:

`(a)(1) At any time while an action under this title is pending, the court may order the impounding, on such terms as it may deem reasonable—

`(A) of all copies or phonorecords claimed to have been made or used in violation of the exclusive right of the copyright owner;

`(B) of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies of phonorecords may be reproduced; and

`(C) of records documenting the manufacture, sale, or receipt of things involved in any such violation, provided that any records seized under this subparagraph shall be taken into the custody of the court.

`(2) For impoundments of records ordered under paragraph (1)(C), the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been impounded. 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.

`(3) The relevant provisions of paragraphs (2) through (11) of section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) shall extend to any impoundment of records ordered under paragraph (1)(C) that is based upon an ex parte application, notwithstanding the provisions of rule 65 of the Federal Rules of Civil Procedure. Any references in paragraphs (2) through (11) of section 34(d) of the Trademark Act to section 32 of such Act shall be read as references to section 501 of this title, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services shall be read as references to infringement of a copyright.'.

(b) Protective Order for Seized Records—

Section 34(d)(7) of the Trademark Act (15 U.S.C. 1116(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. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.

Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is amended to read as follows:

`(b) In assessing damages under subsection (a) for any violation of section 32(1)(a) of this Act or section 220506 of title 36, United States Code, in a case involving use of a counterfeit mark or designation (as defined in section 34(d) of this 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 34(d) of this 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 6621(a)(2) of the Internal Revenue Code of 1986, beginning on the date of the service of the claimant's pleadings setting forth the claim for such entry of judgment and ending on the date such entry is made, or for such shorter time as the court considers appropriate.'.

SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.

Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is amended—

(1) in paragraph (1)—

(A) by striking `$500' and inserting `$1,000'; and

(B) by striking `$100,000' and inserting `$200,000'; and

(2) in paragraph (2), by striking `$1,000,000' and inserting `$2,000,000'.

SEC. 105. IMPORTATION AND EXPORTATION.

(a) In General—

The heading for chapter 6 of title 17, United States Code, is amended to read as follows:

`CHAPTER 6—MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION'.

(b) Amendment on Exportation—

Section 602(a) of title 17, United States Code, is amended—

(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving such subparagraphs 2 ems to the right;

(2) by striking `(a)' and inserting `(a) Infringing Importation or Exportation-

`(1) IMPORTATION— ';

(3) by striking `This subsection does not apply to—' and inserting the following:

`(2) IMPORTATION OR EXPORTATION OF INFRINGING ITEMS— Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506.

`(3) EXCEPTIONS— This subsection does not apply to—';

(4) in paragraph (3)(A) (as redesignated by this subsection) by inserting `or exportation' after `importation'; and

(5) in paragraph (3)(B) (as redesignated by this subsection)—

(A) by striking `importation, for the private use of the importer' and inserting `importation or exportation, for the private use of the importer or exporter'; and

(B) by inserting `or departing from the United States' after `United States'.

(c) Conforming Amendments-

(1) Section 602 of title 17, United States Code, is further amended—

(A) in the section heading, by inserting `or exportation' after `importation'; and

(B) in subsection (b)—

(i) by striking `(b) In a case' and inserting `(b) Import Prohibition— In a case';

(ii) by striking `the United States Customs Service' and inserting `United States Customs and Border Protection'; and

(iii) by striking `the Customs Service' and inserting `United States Customs and Border Protection'.

(2) Section 601(b)(2) of title 17, United States Code, is amended by striking `the United States Customs Service' and inserting `United States Customs and Border Protection'.

(3) The item relating to chapter 6 in the table of chapters for title 17, United States Code, is amended to read as follows:

`6. Manufacturing Requirements, Importation, and Exportation........601'.