112TH CONGRESS
2D SESSION
H. R. ______
To promote a level playing field for American innovators abroad and American
job creation by improving the intellectual property attache´ program,
and coordinating and aligning intellectual property policy with compelling
economic interests of the United States and freedom.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. WATT,
Mr. ISSA, Mr. BERMAN, Mr. COBLE, Mr. CHABOT, Mr. CHAFFETZ, and
Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on _________
A BILL
To promote a level playing field for American innovators
abroad and American job creation by improving the intellectual property attache´ program, and coordinating and aligning intellectual property policy with compelling economic interests of the United States and freedom.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Intellectual Property Attache´ Act''.
SEC. 2. INTELLECTUAL PROPERTY ATTACHE´ PROGRAM.
(a) INTELLECTUAL PROPERTY ATTACHE´ PRO-
GRAM.—The Secretary of Commerce, upon the rec-
ommendation of the Director of the Patent and Trade-
mark Office, in consultation with the heads of other appro-
priate departments and agencies, shall establish an intel-
lectual property attache´ program by appointing and plac-
ing intellectual property attache´s in United States embas-
sies or diplomatic missions in countries where the activi-
ties of such an attache´ are likely—
(1) to achieve potential benefit by reducing in-
tellectual property infringement in the United States
market and globally;
(2) to advance the intellectual property rights
of United States persons and their licensees;
(3) to work with and advance the interests of
United States persons who may otherwise be harmed
by violations of intellectual property rights in those
countries; and
(4) to promote the economic interests of the
United States and market access by United States
persons abroad.
(b) TRANSITION.—Persons serving as intellectual
property attache´s on the date of enactment of this Act
may continue to serve in their positions on and after such
date.
(c) CONSULTATION.—The Director shall consult with
the heads of other appropriate departments and agencies
to ensure the effectiveness of the intellectual property
attache´ program.
(d) RANK.—Intellectual property attache´s shall be
ranked according to their experience and the needs of
United States embassies and diplomatic missions, which
includes the diplomatic rank in-mission of First Secretary,
Counselor, or Minister Counselor.
(e) TRAINING AND OVERSIGHT.—The Director shall
maintain authority over training, rating, setting objectives
for, and coordinating the activities of, intellectual property
attache´s.
(f) POLICY COORDINATION AND CAPACITY BUILD-
ING.—In order to encourage the coordination of intellec-
tual property policy for training, capacity building, and
market access activities, the following shall apply:
(1) ASSISTANT SECRETARY OF COMMERCE FOR
INTELLECTUAL PROPERTY.—Using existing re-
sources, the President shall appoint an Assistant
Secretary of Commerce for Intellectual Property,
who shall report directly to the Director. The Assist-
ant Secretary shall be responsible for the manage-
ment of the coordination, advocacy, training, and ca-
pacity building in other countries of the intellectual
property policy of the United States at the Depart-
ment of Commerce. The Assistant Secretary shall
work with all appropriate departments and agencies
of the United States, including the Intellectual Prop-
erty Enforcement Coordinator, to advance the intel-
lectual property policy of the United States, con-
sistent with the economic interests of the United
States, both domestically and abroad.
(2) REDESIGNATION.—The Administrator for
Policy and External Affairs of the PTO is redesig-
nated as a Deputy Assistant Secretary of Commerce
for Intellectual Property Policy and External Af-
fairs.
(3) ADDITIONAL POSITIONS.—
(A) ESTABLISHMENT OF POSITIONS.—The
Secretary of Commerce, upon the recommenda-
tion of the Director, may establish additional
Deputy Assistant Secretary positions, the indi-
viduals appointed to which shall report directly
to the Assistant Secretary of Commerce for In-
tellectual Property. Such positions shall be es-
tablished based on need, using existing re-
sources, and any individual appointed to any
such position shall be a noncareer or limited
term appointee.
(B) DEFINITION.—In this paragraph, the
term ''noncareer or limited term appointee''
means an individual who is—
(i) a limited term appointee, limited
emergency appointee, or noncareer ap-
pointee in the Senior Executive Service, as
defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5,
United States Code; or
(ii) employed in a position which has
been excepted from the competitive service
by reason of its confidential or policy-de-
termining, policy-making, or policy-advo-
cating character.
(4) CONSISTENCY.—Using existing resources,
all training and technical assistance provided by in-
tellectual property attache´s appointed under sub-
section (a), relating to the enforcement and protec-
tion of intellectual property interests abroad, shall
be designed to be consistent with the policy and
country-specific priorities set forth in the most re-
cent report of the United States Trade Representa-
tive under section 182(a) of the Trade Act of 1974
(19 U.S.C. 2242(a)).
(5) COORDINATION.—The Director shall coordi-
nate the training and technical assistance described
in paragraph (4), and such training and technical
assistance shall be carried out in consultation with
the Intellectual Property Enforcement Coordinator
and the relevant Federal departments and agencies.
(g) ACTIVITIES IN OTHER COUNTRIES.—In the case
of countries that are not identified under section
182(a)(1) of the Trade Act of 1974, the activities of Fed-
eral departments and agencies with respect to intellectual
property rights in those countries, intellectual property
programs and outreach of the United States Government
in those countries, and training and technical assistance
programs of the United States Government relating to in-
tellectual property in those countries may be conducted
to the extent they are consistent with the commercial or
foreign policy interests of the United States.
(h) REPORTS TO CONGRESS.—The Intellectual Prop-
erty Enforcement Coordinator shall include in the annual
report submitted under section 304 of the Prioritizing Re-
sources and Organization for Intellectual Property Act of
2008 (15 U.S.C. 8114) on the activities of the advisory
committee established under section 301 of that Act (15
U.S.C. 8111) information on the appointment, designation
for assignment, and activities of all intellectual property
attache´s of any Federal department or agency who are
serving abroad.
(i) DEFINITIONS.—In this section:
(1) DIRECTOR.—The terms ''Director of the
Patent and Trademark Office'' and ''Director'' mean
the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.
(2) INTELLECTUAL PROPERTY ENFORCE-
MENT.—The term ''intellectual property enforce-
ment'' means matters relating to the enforcement of
laws protecting patents, trademarks, copyrights,
other forms of intellectual property, trade secrets,
and related market access, both in the United States
and abroad.
(3) INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR.—The term ''Intellectual Property
Enforcement Coordinator'' means the Intellectual
Property Enforcement Coordinator appointed under
section 301 of the Prioritizing Resources and Orga-
nization for Intellectual Property Act of 2008 (15
U.S.C. 8111).
(4) INTELLECTUAL PROPERTY RIGHTS.—The
term ''intellectual property rights'' means the rights
of holders of patents, trademarks, copyrights, other
forms of intellectual property, and trade secrets.
(5) PTO.—The term ''PTO'' means the United
States Patent and Trademark Office.
(6) UNITED STATES PERSON.—The term
''United States person'' means—
(A) any United States resident or national;
(B) any corporation, partnership, other
business entity, or other organization, that is
organized under the laws of the United States;
and
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment)
of any corporation, partnership, business entity,
or organization described in subparagraph (B),
that is controlled in fact by such corporation,
partnership, business entity, or organization.
(j) AUTHORIZATION OF APPROPRIATIONS.—The Di-
rector shall, using existing resources at the PTO, provide
for the training and support of the intellectual property
attache´s and otherwise carry out this section.
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112TH CONGRESS
2D SESSION
H. R. ______
To promote a level playing field for American innovators abroad and American
job creation by improving the intellectual property attache´ program,
and coordinating and aligning intellectual property policy with compelling
economic interests of the United States and freedom.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. WATT,
Mr. ISSA, Mr. BERMAN, Mr. COBLE, Mr. CHABOT, Mr. CHAFFETZ, and
Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on _________
A BILL
To promote a level playing field for American innovators
abroad and American job creation by improving the intellectual property attache´ program, and coordinating and aligning intellectual property policy with compelling economic interests of the United States and freedom.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Intellectual Property Attache´ Act''.
SEC. 2. INTELLECTUAL PROPERTY ATTACHE´ PROGRAM.
(a) INTELLECTUAL PROPERTY ATTACHE´ PRO-
GRAM.—The Secretary of Commerce, upon the rec-
ommendation of the Director of the Patent and Trade-
mark Office, in consultation with the heads of other appro-
priate departments and agencies, shall establish an intel-
lectual property attache´ program by appointing and plac-
ing intellectual property attache´s in United States embas-
sies or diplomatic missions in countries where the activi-
ties of such an attache´ are likely—
(1) to achieve potential benefit by reducing in-
tellectual property infringement in the United States
market and globally;
(2) to advance the intellectual property rights
of United States persons and their licensees;
(3) to work with and advance the interests of
United States persons who may otherwise be harmed
by violations of intellectual property rights in those
countries; and
(4) to promote the economic interests of the
United States and market access by United States
persons abroad.
(b) TRANSITION.—Persons serving as intellectual
property attache´s on the date of enactment of this Act
may continue to serve in their positions on and after such
date.
(c) CONSULTATION.—The Director shall consult with
the heads of other appropriate departments and agencies
to ensure the effectiveness of the intellectual property
attache´ program.
(d) RANK.—Intellectual property attache´s shall be
ranked according to their experience and the needs of
United States embassies and diplomatic missions, which
includes the diplomatic rank in-mission of First Secretary,
Counselor, or Minister Counselor.
(e) TRAINING AND OVERSIGHT.—The Director shall
maintain authority over training, rating, setting objectives
for, and coordinating the activities of, intellectual property
attache´s.
(f) POLICY COORDINATION AND CAPACITY BUILD-
ING.—In order to encourage the coordination of intellec-
tual property policy for training, capacity building, and
market access activities, the following shall apply:
(1) ASSISTANT SECRETARY OF COMMERCE FOR
INTELLECTUAL PROPERTY.—Using existing re-
sources, the President shall appoint an Assistant
Secretary of Commerce for Intellectual Property,
who shall report directly to the Director. The Assist-
ant Secretary shall be responsible for the manage-
ment of the coordination, advocacy, training, and ca-
pacity building in other countries of the intellectual
property policy of the United States at the Depart-
ment of Commerce. The Assistant Secretary shall
work with all appropriate departments and agencies
of the United States, including the Intellectual Prop-
erty Enforcement Coordinator, to advance the intel-
lectual property policy of the United States, con-
sistent with the economic interests of the United
States, both domestically and abroad.
(2) REDESIGNATION.—The Administrator for
Policy and External Affairs of the PTO is redesig-
nated as a Deputy Assistant Secretary of Commerce
for Intellectual Property Policy and External Af-
fairs.
(3) ADDITIONAL POSITIONS.—
(A) ESTABLISHMENT OF POSITIONS.—The
Secretary of Commerce, upon the recommenda-
tion of the Director, may establish additional
Deputy Assistant Secretary positions, the indi-
viduals appointed to which shall report directly
to the Assistant Secretary of Commerce for In-
tellectual Property. Such positions shall be es-
tablished based on need, using existing re-
sources, and any individual appointed to any
such position shall be a noncareer or limited
term appointee.
(B) DEFINITION.—In this paragraph, the
term ''noncareer or limited term appointee''
means an individual who is—
(i) a limited term appointee, limited
emergency appointee, or noncareer ap-
pointee in the Senior Executive Service, as
defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5,
United States Code; or
(ii) employed in a position which has
been excepted from the competitive service
by reason of its confidential or policy-de-
termining, policy-making, or policy-advo-
cating character.
(4) CONSISTENCY.—Using existing resources,
all training and technical assistance provided by in-
tellectual property attache´s appointed under sub-
section (a), relating to the enforcement and protec-
tion of intellectual property interests abroad, shall
be designed to be consistent with the policy and
country-specific priorities set forth in the most re-
cent report of the United States Trade Representa-
tive under section 182(a) of the Trade Act of 1974
(19 U.S.C. 2242(a)).
(5) COORDINATION.—The Director shall coordi-
nate the training and technical assistance described
in paragraph (4), and such training and technical
assistance shall be carried out in consultation with
the Intellectual Property Enforcement Coordinator
and the relevant Federal departments and agencies.
(g) ACTIVITIES IN OTHER COUNTRIES.—In the case
of countries that are not identified under section
182(a)(1) of the Trade Act of 1974, the activities of Fed-
eral departments and agencies with respect to intellectual
property rights in those countries, intellectual property
programs and outreach of the United States Government
in those countries, and training and technical assistance
programs of the United States Government relating to in-
tellectual property in those countries may be conducted
to the extent they are consistent with the commercial or
foreign policy interests of the United States.
(h) REPORTS TO CONGRESS.—The Intellectual Prop-
erty Enforcement Coordinator shall include in the annual
report submitted under section 304 of the Prioritizing Re-
sources and Organization for Intellectual Property Act of
2008 (15 U.S.C. 8114) on the activities of the advisory
committee established under section 301 of that Act (15
U.S.C. 8111) information on the appointment, designation
for assignment, and activities of all intellectual property
attache´s of any Federal department or agency who are
serving abroad.
(i) DEFINITIONS.—In this section:
(1) DIRECTOR.—The terms ''Director of the
Patent and Trademark Office'' and ''Director'' mean
the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.
(2) INTELLECTUAL PROPERTY ENFORCE-
MENT.—The term ''intellectual property enforce-
ment'' means matters relating to the enforcement of
laws protecting patents, trademarks, copyrights,
other forms of intellectual property, trade secrets,
and related market access, both in the United States
and abroad.
(3) INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR.—The term ''Intellectual Property
Enforcement Coordinator'' means the Intellectual
Property Enforcement Coordinator appointed under
section 301 of the Prioritizing Resources and Orga-
nization for Intellectual Property Act of 2008 (15
U.S.C. 8111).
(4) INTELLECTUAL PROPERTY RIGHTS.—The
term ''intellectual property rights'' means the rights
of holders of patents, trademarks, copyrights, other
forms of intellectual property, and trade secrets.
(5) PTO.—The term ''PTO'' means the United
States Patent and Trademark Office.
(6) UNITED STATES PERSON.—The term
''United States person'' means—
(A) any United States resident or national;
(B) any corporation, partnership, other
business entity, or other organization, that is
organized under the laws of the United States;
and
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment)
of any corporation, partnership, business entity,
or organization described in subparagraph (B),
that is controlled in fact by such corporation,
partnership, business entity, or organization.
(j) AUTHORIZATION OF APPROPRIATIONS.—The Di-
rector shall, using existing resources at the PTO, provide
for the training and support of the intellectual property
attache´s and otherwise carry out this section.
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[description] => This bill, H.R. 3261, or "The Stop Online Piracy Act" (SOPA), is supposed to curb infringing websites by allowing the Department of Justice to block them, but—to add insult to injury—it doesn't even do that effectively. But don't even consider talking about the easy work-arounds, because the government can go after you for that.
Bellow you will find resources on how you can take action as well as our latest blog posts and analysis on the issue.
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[#value] => 112TH CONGRESS
2D SESSION
H. R. ______
To promote a level playing field for American innovators abroad and American
job creation by improving the intellectual property attache´ program,
and coordinating and aligning intellectual property policy with compelling
economic interests of the United States and freedom.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. WATT,
Mr. ISSA, Mr. BERMAN, Mr. COBLE, Mr. CHABOT, Mr. CHAFFETZ, and
Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on _________
A BILL
To promote a level playing field for American innovators
abroad and American job creation by improving the intellectual property attache´ program, and coordinating and aligning intellectual property policy with compelling economic interests of the United States and freedom.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Intellectual Property Attache´ Act''.
SEC. 2. INTELLECTUAL PROPERTY ATTACHE´ PROGRAM.
(a) INTELLECTUAL PROPERTY ATTACHE´ PRO-
GRAM.—The Secretary of Commerce, upon the rec-
ommendation of the Director of the Patent and Trade-
mark Office, in consultation with the heads of other appro-
priate departments and agencies, shall establish an intel-
lectual property attache´ program by appointing and plac-
ing intellectual property attache´s in United States embas-
sies or diplomatic missions in countries where the activi-
ties of such an attache´ are likely—
(1) to achieve potential benefit by reducing in-
tellectual property infringement in the United States
market and globally;
(2) to advance the intellectual property rights
of United States persons and their licensees;
(3) to work with and advance the interests of
United States persons who may otherwise be harmed
by violations of intellectual property rights in those
countries; and
(4) to promote the economic interests of the
United States and market access by United States
persons abroad.
(b) TRANSITION.—Persons serving as intellectual
property attache´s on the date of enactment of this Act
may continue to serve in their positions on and after such
date.
(c) CONSULTATION.—The Director shall consult with
the heads of other appropriate departments and agencies
to ensure the effectiveness of the intellectual property
attache´ program.
(d) RANK.—Intellectual property attache´s shall be
ranked according to their experience and the needs of
United States embassies and diplomatic missions, which
includes the diplomatic rank in-mission of First Secretary,
Counselor, or Minister Counselor.
(e) TRAINING AND OVERSIGHT.—The Director shall
maintain authority over training, rating, setting objectives
for, and coordinating the activities of, intellectual property
attache´s.
(f) POLICY COORDINATION AND CAPACITY BUILD-
ING.—In order to encourage the coordination of intellec-
tual property policy for training, capacity building, and
market access activities, the following shall apply:
(1) ASSISTANT SECRETARY OF COMMERCE FOR
INTELLECTUAL PROPERTY.—Using existing re-
sources, the President shall appoint an Assistant
Secretary of Commerce for Intellectual Property,
who shall report directly to the Director. The Assist-
ant Secretary shall be responsible for the manage-
ment of the coordination, advocacy, training, and ca-
pacity building in other countries of the intellectual
property policy of the United States at the Depart-
ment of Commerce. The Assistant Secretary shall
work with all appropriate departments and agencies
of the United States, including the Intellectual Prop-
erty Enforcement Coordinator, to advance the intel-
lectual property policy of the United States, con-
sistent with the economic interests of the United
States, both domestically and abroad.
(2) REDESIGNATION.—The Administrator for
Policy and External Affairs of the PTO is redesig-
nated as a Deputy Assistant Secretary of Commerce
for Intellectual Property Policy and External Af-
fairs.
(3) ADDITIONAL POSITIONS.—
(A) ESTABLISHMENT OF POSITIONS.—The
Secretary of Commerce, upon the recommenda-
tion of the Director, may establish additional
Deputy Assistant Secretary positions, the indi-
viduals appointed to which shall report directly
to the Assistant Secretary of Commerce for In-
tellectual Property. Such positions shall be es-
tablished based on need, using existing re-
sources, and any individual appointed to any
such position shall be a noncareer or limited
term appointee.
(B) DEFINITION.—In this paragraph, the
term ''noncareer or limited term appointee''
means an individual who is—
(i) a limited term appointee, limited
emergency appointee, or noncareer ap-
pointee in the Senior Executive Service, as
defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5,
United States Code; or
(ii) employed in a position which has
been excepted from the competitive service
by reason of its confidential or policy-de-
termining, policy-making, or policy-advo-
cating character.
(4) CONSISTENCY.—Using existing resources,
all training and technical assistance provided by in-
tellectual property attache´s appointed under sub-
section (a), relating to the enforcement and protec-
tion of intellectual property interests abroad, shall
be designed to be consistent with the policy and
country-specific priorities set forth in the most re-
cent report of the United States Trade Representa-
tive under section 182(a) of the Trade Act of 1974
(19 U.S.C. 2242(a)).
(5) COORDINATION.—The Director shall coordi-
nate the training and technical assistance described
in paragraph (4), and such training and technical
assistance shall be carried out in consultation with
the Intellectual Property Enforcement Coordinator
and the relevant Federal departments and agencies.
(g) ACTIVITIES IN OTHER COUNTRIES.—In the case
of countries that are not identified under section
182(a)(1) of the Trade Act of 1974, the activities of Fed-
eral departments and agencies with respect to intellectual
property rights in those countries, intellectual property
programs and outreach of the United States Government
in those countries, and training and technical assistance
programs of the United States Government relating to in-
tellectual property in those countries may be conducted
to the extent they are consistent with the commercial or
foreign policy interests of the United States.
(h) REPORTS TO CONGRESS.—The Intellectual Prop-
erty Enforcement Coordinator shall include in the annual
report submitted under section 304 of the Prioritizing Re-
sources and Organization for Intellectual Property Act of
2008 (15 U.S.C. 8114) on the activities of the advisory
committee established under section 301 of that Act (15
U.S.C. 8111) information on the appointment, designation
for assignment, and activities of all intellectual property
attache´s of any Federal department or agency who are
serving abroad.
(i) DEFINITIONS.—In this section:
(1) DIRECTOR.—The terms ''Director of the
Patent and Trademark Office'' and ''Director'' mean
the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.
(2) INTELLECTUAL PROPERTY ENFORCE-
MENT.—The term ''intellectual property enforce-
ment'' means matters relating to the enforcement of
laws protecting patents, trademarks, copyrights,
other forms of intellectual property, trade secrets,
and related market access, both in the United States
and abroad.
(3) INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR.—The term ''Intellectual Property
Enforcement Coordinator'' means the Intellectual
Property Enforcement Coordinator appointed under
section 301 of the Prioritizing Resources and Orga-
nization for Intellectual Property Act of 2008 (15
U.S.C. 8111).
(4) INTELLECTUAL PROPERTY RIGHTS.—The
term ''intellectual property rights'' means the rights
of holders of patents, trademarks, copyrights, other
forms of intellectual property, and trade secrets.
(5) PTO.—The term ''PTO'' means the United
States Patent and Trademark Office.
(6) UNITED STATES PERSON.—The term
''United States person'' means—
(A) any United States resident or national;
(B) any corporation, partnership, other
business entity, or other organization, that is
organized under the laws of the United States;
and
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment)
of any corporation, partnership, business entity,
or organization described in subparagraph (B),
that is controlled in fact by such corporation,
partnership, business entity, or organization.
(j) AUTHORIZATION OF APPROPRIATIONS.—The Di-
rector shall, using existing resources at the PTO, provide
for the training and support of the intellectual property
attache´s and otherwise carry out this section.
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[#children] => 112TH CONGRESS
2D SESSION
H. R. ______
To promote a level playing field for American innovators abroad and American
job creation by improving the intellectual property attache´ program,
and coordinating and aligning intellectual property policy with compelling
economic interests of the United States and freedom.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. GOODLATTE, Mr. WATT,
Mr. ISSA, Mr. BERMAN, Mr. COBLE, Mr. CHABOT, Mr. CHAFFETZ, and
Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on _________
A BILL
To promote a level playing field for American innovators
abroad and American job creation by improving the intellectual property attache´ program, and coordinating and aligning intellectual property policy with compelling economic interests of the United States and freedom.
Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Intellectual Property Attache´ Act''.
SEC. 2. INTELLECTUAL PROPERTY ATTACHE´ PROGRAM.
(a) INTELLECTUAL PROPERTY ATTACHE´ PRO-
GRAM.—The Secretary of Commerce, upon the rec-
ommendation of the Director of the Patent and Trade-
mark Office, in consultation with the heads of other appro-
priate departments and agencies, shall establish an intel-
lectual property attache´ program by appointing and plac-
ing intellectual property attache´s in United States embas-
sies or diplomatic missions in countries where the activi-
ties of such an attache´ are likely—
(1) to achieve potential benefit by reducing in-
tellectual property infringement in the United States
market and globally;
(2) to advance the intellectual property rights
of United States persons and their licensees;
(3) to work with and advance the interests of
United States persons who may otherwise be harmed
by violations of intellectual property rights in those
countries; and
(4) to promote the economic interests of the
United States and market access by United States
persons abroad.
(b) TRANSITION.—Persons serving as intellectual
property attache´s on the date of enactment of this Act
may continue to serve in their positions on and after such
date.
(c) CONSULTATION.—The Director shall consult with
the heads of other appropriate departments and agencies
to ensure the effectiveness of the intellectual property
attache´ program.
(d) RANK.—Intellectual property attache´s shall be
ranked according to their experience and the needs of
United States embassies and diplomatic missions, which
includes the diplomatic rank in-mission of First Secretary,
Counselor, or Minister Counselor.
(e) TRAINING AND OVERSIGHT.—The Director shall
maintain authority over training, rating, setting objectives
for, and coordinating the activities of, intellectual property
attache´s.
(f) POLICY COORDINATION AND CAPACITY BUILD-
ING.—In order to encourage the coordination of intellec-
tual property policy for training, capacity building, and
market access activities, the following shall apply:
(1) ASSISTANT SECRETARY OF COMMERCE FOR
INTELLECTUAL PROPERTY.—Using existing re-
sources, the President shall appoint an Assistant
Secretary of Commerce for Intellectual Property,
who shall report directly to the Director. The Assist-
ant Secretary shall be responsible for the manage-
ment of the coordination, advocacy, training, and ca-
pacity building in other countries of the intellectual
property policy of the United States at the Depart-
ment of Commerce. The Assistant Secretary shall
work with all appropriate departments and agencies
of the United States, including the Intellectual Prop-
erty Enforcement Coordinator, to advance the intel-
lectual property policy of the United States, con-
sistent with the economic interests of the United
States, both domestically and abroad.
(2) REDESIGNATION.—The Administrator for
Policy and External Affairs of the PTO is redesig-
nated as a Deputy Assistant Secretary of Commerce
for Intellectual Property Policy and External Af-
fairs.
(3) ADDITIONAL POSITIONS.—
(A) ESTABLISHMENT OF POSITIONS.—The
Secretary of Commerce, upon the recommenda-
tion of the Director, may establish additional
Deputy Assistant Secretary positions, the indi-
viduals appointed to which shall report directly
to the Assistant Secretary of Commerce for In-
tellectual Property. Such positions shall be es-
tablished based on need, using existing re-
sources, and any individual appointed to any
such position shall be a noncareer or limited
term appointee.
(B) DEFINITION.—In this paragraph, the
term ''noncareer or limited term appointee''
means an individual who is—
(i) a limited term appointee, limited
emergency appointee, or noncareer ap-
pointee in the Senior Executive Service, as
defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5,
United States Code; or
(ii) employed in a position which has
been excepted from the competitive service
by reason of its confidential or policy-de-
termining, policy-making, or policy-advo-
cating character.
(4) CONSISTENCY.—Using existing resources,
all training and technical assistance provided by in-
tellectual property attache´s appointed under sub-
section (a), relating to the enforcement and protec-
tion of intellectual property interests abroad, shall
be designed to be consistent with the policy and
country-specific priorities set forth in the most re-
cent report of the United States Trade Representa-
tive under section 182(a) of the Trade Act of 1974
(19 U.S.C. 2242(a)).
(5) COORDINATION.—The Director shall coordi-
nate the training and technical assistance described
in paragraph (4), and such training and technical
assistance shall be carried out in consultation with
the Intellectual Property Enforcement Coordinator
and the relevant Federal departments and agencies.
(g) ACTIVITIES IN OTHER COUNTRIES.—In the case
of countries that are not identified under section
182(a)(1) of the Trade Act of 1974, the activities of Fed-
eral departments and agencies with respect to intellectual
property rights in those countries, intellectual property
programs and outreach of the United States Government
in those countries, and training and technical assistance
programs of the United States Government relating to in-
tellectual property in those countries may be conducted
to the extent they are consistent with the commercial or
foreign policy interests of the United States.
(h) REPORTS TO CONGRESS.—The Intellectual Prop-
erty Enforcement Coordinator shall include in the annual
report submitted under section 304 of the Prioritizing Re-
sources and Organization for Intellectual Property Act of
2008 (15 U.S.C. 8114) on the activities of the advisory
committee established under section 301 of that Act (15
U.S.C. 8111) information on the appointment, designation
for assignment, and activities of all intellectual property
attache´s of any Federal department or agency who are
serving abroad.
(i) DEFINITIONS.—In this section:
(1) DIRECTOR.—The terms ''Director of the
Patent and Trademark Office'' and ''Director'' mean
the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.
(2) INTELLECTUAL PROPERTY ENFORCE-
MENT.—The term ''intellectual property enforce-
ment'' means matters relating to the enforcement of
laws protecting patents, trademarks, copyrights,
other forms of intellectual property, trade secrets,
and related market access, both in the United States
and abroad.
(3) INTELLECTUAL PROPERTY ENFORCEMENT
COORDINATOR.—The term ''Intellectual Property
Enforcement Coordinator'' means the Intellectual
Property Enforcement Coordinator appointed under
section 301 of the Prioritizing Resources and Orga-
nization for Intellectual Property Act of 2008 (15
U.S.C. 8111).
(4) INTELLECTUAL PROPERTY RIGHTS.—The
term ''intellectual property rights'' means the rights
of holders of patents, trademarks, copyrights, other
forms of intellectual property, and trade secrets.
(5) PTO.—The term ''PTO'' means the United
States Patent and Trademark Office.
(6) UNITED STATES PERSON.—The term
''United States person'' means—
(A) any United States resident or national;
(B) any corporation, partnership, other
business entity, or other organization, that is
organized under the laws of the United States;
and
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment)
of any corporation, partnership, business entity,
or organization described in subparagraph (B),
that is controlled in fact by such corporation,
partnership, business entity, or organization.
(j) AUTHORIZATION OF APPROPRIATIONS.—The Di-
rector shall, using existing resources at the PTO, provide
for the training and support of the intellectual property
attache´s and otherwise carry out this section.
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